the Report. However the draft is in effect draft legislation and under the Constitution the legislative authority lies with Parliament any legislation brought before it. Also worrying is that the process is running behind schedule as the timetable envisages that the draft Constitution would be put to a referendum around July 2010. Constitutional right to free and fair referendum Paragraph 23A [1][c] of the Constitutional Amendment 19 provides that every citizen is entitled to free and fair referendums whenever they are called in terms of the Constitution or an Act of Parliament. ZESN recommends that relevant electoral reforms be put in place prior to the referendum and that there be a proper legal framework for the holding of the referendum. Place where to vote? While in Presidential and parliamentary elections, voters were required to vote in wards in which they are registered as voters, section 11 of the Referendum Act seems to require people to vote in the constituencies in which they are registered or are entitled to be registered. For the upcoming referendum it would seem that serious consideration should be given to changing the law to allow people to vote at any polling station throughout the country on the basis of their National Identity Cards rather than in constituencies on the basis of proof of registration as voters. Who can vote? Any person who satisfies the presiding officer of polling station that he or she is 18 or above and is eligible to be registered as a voter on voters’ roll is entitled to vote at a referendum. The decision should be made on the basis of the possession of a National Identity Card [either the metal or plastic disc or the provisional green form] that establishes that the person is a citizen who is over 18. Observers Independent observation of elections is critical to the holding of a referendum to assess public opinion. Given the heated debate over the process leading to the compilation of the draft constitution and what is likely to be heavily divided opinion over the acceptability of the draft, it is imperative that the referendum process be subjected to thorough independent observation. Local and international observers should be allowed freely to monitor the pre-during and post referendum environment period. Present unreasonable restrictions on observers should be removed before the referendum. Persons conducting the referendum Comments made above on the need to replace partisan senior staff of the Electoral Commission apply equally in relation to the referendum. Counting and tabulation of results The process of counting and tabulation of the results must be done efficiently and expeditiously and the results must be announced as quickly as possible. Violence and Intimidation Given the politically polarized debate over the new Constitution and the heavy pushing of the Kariba draft, there is a distinct possibility of violence and intimidation arising. The comments above on the need for the Electoral Commission to take a firm stance in trying to stop any such activity apply equally here.