11 12 Section 281(2) of the Constitution provides that traditional leaders must act in a politically neutral way. Similar rules apply for District Administrators, Section 200(3). Reports confirmed that traditional leaders were involved in the campaign, including intimidating and influencing voters. Reports also indicated that members of the district administration were also involved in the campaign of the ruling party. (p. 22) The Political Parties (Finance) Act does not include any provisions on campaign expenditure. Further, there is a complete absence of reporting requirements and transparency mechanisms, Effective mechanisms should be introduced for monitoring and sanctioning of partisan behaviour by traditional leaders and civil servants, to help ensure the impartiality of state structures in the election. New provisions in the Electoral Act and Political Parties Code of Conduct Parliament “The Electoral Commission should therefore be legally empowered to prohibit certain types of expenditures so as to limit the undue impact of money on the democratic process and the outcome of an election.” Level Playing Field, Equality ICCPR GC 25, paragraph 19. “Persons entitled to vote must be free to vote for any candidate for election... and free to support or to oppose government, without undue influence or coercion of any kind which may distort or inhibit the free expression of the elector's will. Voters should be able to form opinions independently, free of violence or threat of violence, compulsion, inducement or manipulative interference of any kind.” UNCAC article17. “Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences, when committed intentionally, the embezzlement, misappropriation or other diversion by a public official for his or her benefit or for the benefit of another person or entity, of any property, public or private funds or securities or any other thing of value entrusted to the public official by virtue of his or her position.” Promote accountability and transparency of campaign finance and expenditure by introducing explicit regulations on campaign expenditure, including reporting requirements before the Amendment of the Political Parties (Finance) Act Parliament ACHPR articles 13(2)&(3) “Every citizen shall have the right of equal access to the public service of the country. Every individual shall have the right of access to public property and services in strict equality of all persons before the law.” Level playing field, Transparency ICCPR General Comment 25 paragraph 19. “Reasonable limitations on campaign expenditure may be justified where this is necessary to ensure that the free choice of voters is not undermined or the democratic process distorted by the disproportionate expenditure on behalf of any candidate or party.” 55