specific circumstances of the GNU, one must consider also that ministries are allocated so that
there is fair and equitable representation of all the main political parties. In addition to the
nominee of the President’s Office, the other nominees are from Ministries that are controlled by
one political party (ZANU PF) – except that the Ministry of Home Affairs controlling immigration
is currently shared between ZANU PF and the MDC-T. This domination by one party could mean
that the OAC will be overly dominated by representatives of one political party, a reality that in
the circumstances of Zimbabwean politics cannot be overlooked. A suggestion would be to
expand the OAC, to include more non-political appointees to include civil society and members of
the professions.
•
Persons who may apply for accreditation include both local and foreign observers although there
is also a facility for direct invitations by the Minister (Justice), the Commission and the Foreign
Affairs Ministry. Since the Ministries and the Commission are represented in the OAC it is likely
that their invitees will face little if any problems in the process of accreditation. The main
challenge will be for those who apply under Section 40H (a) and (b). Indeed, Section 40I (4)
provides that the Foreign Affairs Minister may make objection to the accreditation of a “foreign
individual or eminent person” and states that the OAC “shall pay due regard to the objection” in
its decision-making process. The fact that a person with a nominee on the OAC has a right of
objection could compromise the impartiality of the OAC in respect of the applicant so a
suggestion here is that the Foreign Affairs Minister’s nominee should recuse himself from the
decision-making process in such circumstances.
•
It is important to note that this clause decentralises the power to invite applications so that it is
no longer left to the Minister of Justice to perform this role. Besides the Ministers of Justice and
Foreign Affairs, the Commission itself has the power to invite applications. Indeed, this must be
interpreted to mean that any other person, even those who have not been directly invited, are
entitled to make applications to the Commission.
•
Section 40I (5) ensures that the Commission is the ultimate decision-making body in respect of
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