In this memorandum the more important of the Bill’s amendments will be examined and an attempt will be made to assess their likely effect on the forthcoming elections. It is possible that the current South African led mediation process will result in further changes to laws that have a bearing on the electoral environment. A further analysis will be done when these changes are announced. The political parties contesting the elections will also need to test the efficacy of the new laws and satisfy themselves that they are being properly implemented. Electoral Institutions The Bill will affect the composition and functions of the Zimbabwe Electoral Commission, the Registrar-General of Voters and the Electoral Court. Zimbabwe Electoral Commission The Commission’s composition is dealt with in section 61 of the Constitution rather than in the Zimbabwe Electoral Commission Act, and many of the amendments made by the Bill are intended to reflect this fact. In passing, it should be said that making the Commission a constitutional body, rather than one which owes its existence to an Act of Parliament, should theoretically make the Commission more independent, and for that reason is a welcome move. Some of the changes made by the Bill are more substantial: • The Commission is given functions in addition to those set out in the Constitution. 1 In particular, the Commission will be enjoined to undertake research into electoral matters, to promote co-operation between the Government and political parties and other bodies concerned with elections, and to inform the public about all issues relating to elections. These extra functions are admirable, so long as the Commission is given the resources to exercise them. At present it probably lacks the capacity to do so. Its attempts at voter education, for example, have been inadequate in previous elections, and it does not even seem to have a website through which electoral information could be disseminated very cheaply.2 • Commissioners and the Commission’s staff and agents will be prohibited from divulging or making personal use of “any confidential … gained through being a Commissioner or an employee or agent of the Commission”.3 This provision may discourage commissioners and staff members from disclosing irregularities in electoral processes or misconduct on the part of the Commission. Generally, the Commission’s business is not confidential: its proceedings should be as transparent as possible. • The Chief Elections Officer is stated specifically to be the chief executive of the Commission.4 Unfortunately, the Bill does not go further and demarcate clearly the functions of the Commission, on the one hand, and those of the Chief Elections Officer, on the other. 1 Clause 3 of the Bill. 2 There is a pressing need for such information to be disseminated widely. For example, a voter whose application to be transferred to another roll has been rejected under section 25 of the Act will have a right to appeal to a “designated magistrate”, i.e. a magistrate designated by the Minister of Justice, Legal and Parliamentary Affairs. But which magistrates have been designated? Currently there is no way that the ordinary person can easily find out. 3 Clause 4 of the Bill. 4 Clause 7 of the Bill. 5