states that the First Respondent has a duty to promote transparency
and accountability in public institutions.
22.
Transparency as a principle of free and fair elections also
appears in various international instruments, such as the SADC
Principles on Democratic Elections, which is binding on Zimbabwe
as a member state of SADC, as well as the African Charter on
Democracy, Elections and Governance, which was recently signed
by Zimbabwe. All these legal norms present transparency as a key
aspect of free and fair elections. In addition, section
23.
In respect of the present application, I contend that the First
Respondent has a legal duty, being the body created to carry out
the functions in section 239 (a) of the Constitution of Zimbabwe, to
ensure that the election is conducted transparently and to ensure
that the public is kept informed of all matters relating to the work of
the First Respondent and the electoral process. This duty, I would
contend, means that the First Respondent must disclose the
manner under which it will conduct its various functions under the
Electoral Act, in the form of all standard operating procedures and
internal policies and manuals that relate to the administration of the
election.
24.
Importantly, transparency must relate to the entire electoral
process, including registration, delimitation, nomination, polling and
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