Application to the ZEC for election observer status is open to both locals and
foreigners. However, there is also a facility for direct invitations by the ZEC, the
Justice Minister and the Foreign Affairs Minister. Since we have already seen that
the Ministries and the Commission are represented in the OAC through their
nominees, it is likely that their invitees will face little, if any, problems in the
process of accreditation. The same criticism above regarding the involvement of
politicians in the electoral processes, especially where they are also contesting
the elections applies to this point.
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ZESN recommends that only the ZEC as the elections regulatory
body should have the power to invite applications from observers.
It s recommended that the power given to the Ministers of Justice
and Foreign Affairs be removed and given entirely to the ZEC.
The major challenge in the applications will be faced by those who will have to
apply without invitation. This challenge is increased by the fact that the Minister
of Foreign Affairs is entitled to make objections to the accreditation of a “foreign
individual or eminent person”. The OAC actually required to “pay due regard to
the objection” in its decision-making process. Here again we see that a Minister,
who may be a contestant in the election has the power to influence the barring of
foreign observers that they do not like. This power must be seen in the context
that this Minister also has the added power to nominate a person to sit on the
OAC. This has the potential to severely compromise the impartiality of the OAC in
respect of that particular applicant against whom a Minister has objected.
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It is therefore, recommended that at the very minimum, where
such applicant’s application is being considered by the OAC, the
Minister’s nominee should recuse himself.
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Overall, we would recommend that such interference by the
politicians be removed so that the ZEC has the overall power to
determine all applications. This is not to say objections cannot be
made. Indeed, they can be made but there is no justifiable reason
why the Minister’s objection should be given any special status so
as to be provided for under the law. It should be considered just
like any other objection.
The final leg of the application process is that after deliberations, the OAC is
required to make recommendations on the applications to the ZEC, which will
make the final decision. The ZEC must indicate in writing within 48 hours of
receipt of the recommendations if it objects to any of them. However, it is unclear
that the so-called ‘recommendations’ that the OAC gives to the ZEC is a list of
observers that have been approved or whether it is a full list that also includes
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