regulations that had been introduced in 2000 and 2002. Preexisting government controls over election observers and restrictions on postal ballots have also been incorporated in the Electoral Act. Proof of residency requirements that have the effect of disenfranchising particularly young urban voters are still in force. And, for the first time in Zimbabwe, the Electoral Act makes it legal for the ZEC and the Electoral Supervisory Commission (ESC)8 another ostensibly independent supervisory body to use members of the police, the defense forces, and the prison service to perform crucial electoral tasks. For instance, the ZEC may use these uniformed services as constituency elections officers and polling officers. The ZEC: Still Partisan and Too Late The Mugabe government claims that the ZEC Act—which was approved by Parliament on 10 December 2004—meets the SADC Guidelines for an independent, impartial, and inclusive electoral supervisory body.9 However, Human Rights Watch, after analyzing the Guidelines and the ZEC Bill, found that the proposed law gave the president and the ruling party excessive power to appoint commissioners and created too many opportunities and requirements for Ministerial intervention for the ZEC to be considered an independent, inclusive, and impartial body.10 The ESC is also supposed to supervise elections as an independent body free from the direction or control of any person or authority, but unlike the ZEC, the ESC enjoys a constitutional mandate. The ZEC is empowered to prepare for and conduct general elections, to direct and control the registration of voters, to compile the voters’ roll, and to keep the public informed about various issues, including the delimitation of constituencies.11 However, the ZEC only became legally operational on February 1, 2005, just two months before election day. Even after mid-February 2005, the ZEC had established only temporary offices in Harare, had no office phones, and only two staff members—an administrator who is the legal/political advisor to the Justice Minister, and the chief electoral officer. At that time, the ZEC had still not placed an advertisement in the print media providing its telephone number and address.12 8 The ESC is also supposed to supervise elections as an independent body free from the direction or control of any person or authority, but unlike the ZEC, the ESC enjoys a constitutional mandate. 9 IOL, 9 December 2004, “Observers must wait for invitations – Mugabe.” 10 Human Rights Watch. “The Zimbabwe Electoral Commission Bill: Will It Improve the Electoral Process?” Human Rights Watch Briefing Paper, November 2004, especially pp.13-14, 16. 11 Zimbabwe Electoral Commission Act, No.22/2004, section 4. 12 Human Rights Watch interview with Dr. Reginald Matchaba-Hove, ZESN chairman, Harare, 16 February 2005., On 8 February, the MDC’s economic spokesman, noted that the MDC was hand delivering letters to the Electoral Commissioners’ homes. See Cape Times (online), 8 February 2005, Eddie Cross, “Every aspect of election flawed, says mdc [sic]”. 6