• The appointment, financial resources and removal provisions all impact on the Commission’s independence. Clause 4 which restates Section 6 from the ZEC Act provides that the President may appoint a tribunal to investigate the question of removal of a Commissioner. Although the present arrangements for appointing the tribunal appear fair as members are drawn from the judiciary and the legal profession, the power of appointment vests solely in the President. There is need for safeguards so that the power is not held exclusively by the President but rather that he may make the appointments in consultation with or better still, on the advice of another body, such as the Judicial Service Commission (“JSC”). • Paragraph (8) does require the President to seek the approval of the JSC and Committee on Standing Rules (CSR) where the Tribunal has recommended the removal of a Commissioner. This is an important safeguard so that the President and the Tribunal’s power are subject to checks by the JSC and the CSR in respect of the chairperson of the Commission or the CSR for any other commissioner. However, reference to the CSR may cause a potential problem. This is because the provision is based on the assumption that the CSR is present at all times, which is not the case. In times when Parliament is dissolved, which is the case during election periods and periods preceding or after the elections there is technically no CSR. This may cause problems in the implementation of the law. would suggest that a more permanent body, such as the JSC has residual power in both circumstances, to consider approval of the recommendation to remove a commissioner. • As far as the independence of the Commission is concerned, all the legal provisions need vigilant monitoring. Civil society, observers and members of the public in general ought to keep careful watch on the conduct of the Commission. The importance of its role cannot be overstated but it is also true that there will be many pressures seeking to influence it. Its accountability can be enhanced by greater vigilance and scrutiny exercised by those around it. • ZESN recommends that the independence of the Commission remains the most important factor in facilitating and ensuring a free and fair election. As the ultimate referee of elections it must 46