Adopted on 20 July 2015, Pretoria, Republic of South Africa
13.2.2
In order to evaluate the Implementation of the “SADC Principles for
Conducting Democratic Elections” and “Responsibilities of Member States
Holding Elections”, contained in sections four (4) and five (5) respectively,
the SEOM shall assess whether the legal and constitutional framework
guarantees freedom of expression, freedom of assembly, freedom of
association and human rights.
13.2.3
Accordingly, the structure and model of the electoral system, the EMB, the
Electoral Act and regulations and the nature of civil and political rights; and
economic, social and cultural rights as they relate to democratic participation
shall be assessed.
13.2.4
SEOMs shall evaluate the establishment, process of appointment and
retention of members of EMBs; in addition to assessing the composition,
status, independence, impartiality, professionalism and preparedness of the
EMB for the election. Accordingly, the following specific considerations shall
be taken into account:
(a)
(b)
(c)
(d)
13.2.5
The adequacy of funding and contingencies availed to the EMB to
deliver a credible and legitimate election;
Whether the EMB’s budget is appropriated by Parliament or other
representative institution;
Whether the composition of the EMB reflects the applicable provisions
of the SADC Protocol on Gender and Development, particularly Articles
12 and 13 of the Protocol, which stipulate that State Parties that have
ratified the Protocol, shall endeavor, by 2015, to have at least 50
percent women in decision making positions, including electoral
administration.
Whether appointment and dismissal procedures of EMB
commissioners are explicitly stated and articulated to facilitate
impartiality, accountability and transparency.
In furtherance of the values of Electoral Justice, the SEOM shall ensure that
the delimitation of election boundaries was done in a manner acceptable to
stakeholders, and whether the factors that prompted delimitation were in
accordance with the laws of the land. To this end, the following elements
shall be assessed:
(a)
(b)
(c)
(d)
(e)
The independence and impartiality of the Delimitation/Border
Commission;
The composition of the Delimitation/Border Commission;
The criteria for appointing members of the Delimitation/Border
Commission;
The accessibility of the delimitation process to the general public;
Whether the delimitation process was undertaken in accordance with
the national law and without undue exclusion of particular groups or
political interests.
13.2.6 That the registration of political parties, qualification and disqualification of
political candidates are explicitly provided for in national laws. There should
be no stringent exclusionary elements in the regulatory framework of
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