5. Complaints, appeals and election petitions The availability of the range of judicial and non-judicial mechanisms to resolve disputes should be publicised and equipped with all means for effective operation, especially in the course of an election period and immediately thereafter. This implies adequate human resources, including training, and public information. At points when disputes are manifest, they should be proactively directed to the appropriate mechanism – which should seek to act expeditiously and publicly. Recommendations  Consideration should be given to the adoption of a Political Party Act.  Consideration should be given to the amendment of the Electoral Act to align it with the Constitution, by requiring declaration of the results of the Presidential Election without undue delay.  The Electoral Act should be amended to align it with the Constitution to prevent disenfranchisement.  To guarantee the independence of the ZEC, the Electoral Act should be aligned with Section 235 of the Constitution, with the effect that the ZEC reports directly to the National Assembly and secures its own funding from the Consolidated Fund.  The ZEC should review its procedures and practices, especially for Election Day, to align them with Section 156(b) of the Constitution, to ensure the voting, counting and aggregation of results ‘is simple, verifiable, secure and transparent’.  In order to address any perceptions of partiality, consideration should be given to amending the Constitution to stipulate appointments of the judiciary and its funding are free from political influence.  In order to ensure expeditious treatment of disputes, adequate funding of judicial and non-judicial dispute resolution mechanisms should be assured, judicial caseloads should be managed appropriately, and appropriate use of available recourses should be proactively promoted.  Funding for the judiciary, notably for its training on elections, should be assured, including for the Judicial College as foreseen by law. 22

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