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PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION (2003)

PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION 1
Principles for
Election Management,
Monitoring,
and Observation
in the SADC Region
As Adopted
on 6 November 2003
at the
Kopanong Hotel and Conference Centre,
Benoni, Johannesburg
ELECTORAL INSTITUTE OF
SOUTHERN AFRICA
ELECTORAL
COMMISSIONS FORUM
2 PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION
Published by the Electoral Institute of Southern Africa
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e-mail: eisa@eisa.org.za
website: www.eisa.org.za
© EISA 2004
ISBN: 1-919814-57-4
All rights reserved. No part of this publication may be
reproduced, stored in a retrieval system or transmitted in any
form or by any means, electronic, mechanical, photocopying,
recording or otherwise, without the written permission of the
publisher.
––––– • –––––
Published with the generous financial support of the
European Union (CWCI) and the Embassies of Belgium, Denmark,
Norway and Switzerland.
––––– • –––––
Design and layout: Sue Sandrock
Cover photograph: Reproduced with permission of
HAMILL GALLERY OF AFRICAN ART, BOSTON, MA USA
ELECTORAL HANDBOOK NO 13
PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION 3
Contents
Preface vi
1. Executive Summary 1
2. Introduction 3
3. Institutional Context of Elections In SADC Countries 7
3.1 Constitutional and Legal Framework 7
3.2 Electoral Systems 8
3.3 The Election Management Body (EMB) 11
3.4 Conflict Management 12
4. Pre-Election Phase 14
4.1 Delimitation 14
4.2 Voter Registration 15
4.3 Registration of Political Parties 16
4.4 Nomination Process 17
4.5 Campaign Process 18
4.6 Media 18
4.7 Use of Public Resources 19
4.8 Political Violence and Intimidation 19
4.9 Role of Security Forces 20
4.10 Political Party Finance 21
4.11 Civic and Voter Education 21
5 Election Phase 23
5.1 Polling Stations 23
5.2 Secrecy of the Ballot 24
5.3 Ballots Papers, Ballot Boxes and Election Materials 25
5.4 Counting 26
6 Post-Election Phase 27
6.1 Announcement of Overall Results 27
6.2 Acceptance of Results 27
6.3 Post-Election Review 28
6.4 Post-Election Disputes 29
4 PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION
7 Election Monitoring and Observation 30
8 Conclusion 34
Appendix 1: Task Team Members 35
Appendix 2: Abbreviations 36
Appendix 3: List of Participants 37
PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION 5
Essential elements of representative democracy include, inter
alia, respect for human rights and fundamental freedoms,
access to and the exercise of power in accordance with the
rule of law, the holding of periodic, free and fair elections based
on secret balloting and universal franchise as an expression
of the sovereignty of the people, the pluralistic system of
political parties and organisations, and the separation of
powers and independence of the branches of government.
Draft African Union Declaration on Elections, Democracy and
Governance, Article 3
20 February 2003
Electoral observation and monitoring has become an integral
part of the democratic and electoral processes in Africa.
International, regional and national observers have come to
play important roles in enhancing the transparency and
credibility of elections and democratic governance in Africa
and the acceptance of election results throughout the
continent. Election observation and monitoring missions can
also play key roles in diminishing conflicts before, during and
after elections.
The African Union, Guidelines for African Union Electoral Observation
and Monitoring Missions
20 February 2002
6 PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION
Mr Victor L. Tonchi
President: Electoral Commissions Forum
of SADC Countries
Chairman: Electoral Commission of Namibia
Mr. Denis K. Kadima
Executive Director
Electoral Institute of
Southern Africa
Preface
On behalf of our respective organisations, the Electoral Commission’s Forum of SADC
Countries (ECF) and the Electoral Institute of Southern Africa (EISA), we are glad to
present to you this document on “Principles for Election Management, Monitoring
and Observation in the SADC Region” (PEMMO).
This PEMMO document is a culmination of three years of hard work and involved a
great deal of research and consultation in the region. It was adopted at a regional
conference held in Johannesburg, South Africa on 6 November 2003 under the auspices
of both our organisations where more than 100 electoral stakeholders from SADC were
present. These participants came from all the 14 SADC countries and represented
Electoral Management Bodies (EMBs) and leading civil society organisations (CSOs)
for whom election observation is a core activity. As practitioners in the field of elections,
both EMBs and CSOs have grappled with the demanding task of ensuring the delivery
of credible, free and legitimate elections in their respective countries in the absence of a
standard tool with which they could measure their success or otherwise.
ECF and EISA are proud to have developed these guidelines for running a professional
and legitimate election. In addition, these election principles will serve as benchmarks
on the basis of which the observation, monitoring and assessment of elections in the
SADC region will be based from 2004 and beyond. They cover the whole period before,
during and after the poll. PEMMO also provides guidelines on the conduct observers
during the electoral process. It is anticipated that, beyond election management,
monitoring and observation, the PEMMO will inform and inspire post-election reviews
and election reforms in all the countries in the SADC region.
The production of PEMMO is yet another significant step in the region’s democratisation
process. Let us all commit ourselves to striving towards meeting the principles
recommended in this document and our region can only benefit from it. Our gratitude
goes to all the representatives of EMBs and CSOs who took part in the process and to
members of the Task Team charged with the responsibility of consulting widely and
drafting the initial version of the document.
We hope that the PEMMO will be useful beyond the SADC region and that organisations
and individuals from other parts of the African Continent will adapt it to their own
circumstances.
PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION 1
1
Executive Summary
Principles for Election Management, Monitoring and Observation in the SADC
region is the product of an initiative that originated at a Southern African
Electoral Forum Conference held from 11-14 June 2000 in Windhoek,
Namibia. The Forum drew together more than 100 participants from
governments, electoral commissions, political parties, civil society and
research institutions and electoral and political experts from the SADC
region. These stakeholders exchanged views about the determinants of
best electoral practice, especially those issues related to improving election
management, monitoring and observation, and enhancing the
transparency of the electoral process.
The aim of the conference, whose theme was In Pursuit of Electoral Norms
and Standards, was to define a set of criteria to guide electoral practice and
to foster a sound enabling environment in which elections can take place.
The Forum underlined the need for the development of what was then
referred to as regional norms and standards, to provide benchmarks for
national discussions and to offer a guide to ‘best electoral management
practice’.
The Forum recommended that a Task Team of six to eight experts reflective
of the diversity of the participants be established. The Task Team was to
consult widely in the region to develop further the framework for election
standards identified during the Forum, assess regional experience, and
highlight best practice for the entrenchment and deepening of democracy.
At the conclusion of the Task Team’s work a draft document was produced
and presented to a conference of SADC electoral stakeholders, who
examined it, further enriched it and adopted it unanimously.
This final document reflects the outcome of the process and underlines
the need to have a sound political, constitutional and legal dispensation
2 PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION
that supports free and fair, credible and legitimate elections as a
precondition for democratic election management.
The document is structured in such a way as to reflect the chronology of
events in the management of elections. It begins by discussing the
requirements for a sound political and constitutional dispensation that
will give birth to an election regime and its supporting electoral institutions.
It then looks at the three stages of the electoral process – the pre-election
(preparatory) phase, the election phase and the post-election phase. These
three phases are all equally important to the procedures and processes
necessary to deliver free and fair, credible and legitimate elections in a
climate of peace and stability. Specific regional trends and challenges are
identified for all three phases and recommendations made for best practice
in the management of elections. Because they cut across all the phases,
election monitoring and observation are treated separately and are
included in the document before the conclusion.
The recommended principles address the following major issues:
• the need for a comprehensive constitutional and legal framework;
• the importance of transparent and accessible pre-election
procedures (including the delimitation process, voter registration
and candidate nomination);
• the equitable use of the media and public resources and issues of
political party finance;
• the organisation and management of the election phase, including
the location of polling stations, their layout, and access to them;
the secrecy of the ballot, and the counting process;
• the post-election phase, including the settlement of election
disputes and ways of ensuring that results are acceptable;
• the requirements for unhindered, credible, professional and
impartial monitoring and observation of the electoral process.
PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION 3
2
Introduction
Southern Africa has made significant progress in the past decade in
institutionalising democracy. This is reflected in a number of
developments in SADC countries including the holding of successful
multi-party elections in several of them in the past ten years. There is
evidence of increased popular participation in governance, and dialogue
between governments and stakeholders has taken root. Democratic
institutions have been set up and a number of major constitutional, legal
and administrative changes have been undertaken with the objective of
consolidating and deepening democracy.
Regional structures have also been established to support such a process.
These include the SADC Electoral Commissions Forum (ECF), the
Electoral Institute of Southern Africa (EISA), the SADC Electoral Support
Network (ESN) and the SADC Parliamentary Forum. These organisations
have committed themselves to supporting the growth and deepening of
democracy in the sub-region. In pursuit of these aims election observers
are sent to monitor and observe elections in the region, training is
provided for election personnel and a number of other activities are
undertaken.
Notwithstanding these achievements, major challenges remain. There
are pockets of conflict in several countries in the region and there have
been situations in which election results have not been acceptable to all
parties involved, resulting, on occasion, in violence and instability. Even
in some countries where there is a certain level of acceptance of election
results, elements of discontent can be discerned after elections.
Thus, a major challenge is the need to secure the integrity of the electoral
process by adopting people-oriented voting procedures and facilities as
4 PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION
well as establishing a culture of peace and tolerance. Alternative dispute
resolution mechanisms focused specifically on election–related conflict
need to be established to complement existing legal provisions.
Experience in the region and beyond has shown that deepening democracy
entails more than holding periodic elections and creating a set of
institutions. It also involves developing a generally accepted set of values
that ensures fair electoral practice predicated on representation,
accountability, inclusiveness, transparency, gender equality, tolerance and
respect for diversity. These basic values have been agreed upon by the
SADC countries and are expressed in the various declarations and
instruments to which they are signatories: the Harare Declaration of 1991,
the Windhoek Declaration on the Freedom of the Media (1991), the SADC
Treaty of 1992 and the 1997 SADC Declaration on Gender and
Development. In 2001, SADC leaders identified as part of their common
agenda the promotion of common systems and political and other shared
values transmitted through institutions that are democratic, legitimate and
effective; as well as the consolidation and maintenance of democracy, peace
and security. This led, among other things, to the adoption by SADC
member states in 2002 of a Regional Indicative Strategic Development Plan
(RISDP).
Although they are an important expression of political will, commitment
to these instruments alone does not necessarily translate into ‘best’
democratic practice, which is a critical element of democracy. Accordingly,
there is a need for a common definition and a common understanding of
what constitutes ‘best’ democratic practice. This can only be reached
through a process of dialogue between the major stakeholders in the
electoral process and by learning from experience.
In an attempt to address this, a number of initiatives have been undertaken
at global, regional and national levels. For example, the Commonwealth
Secretariat produced a working document in 1997 entitled Good
Commonwealth Practice; International IDEA in Stockholm, Sweden, has
developed a Code of Conduct for Ethical and Professional Discharge of Electoral
PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION 5
Administration Activities; the US-based National Democratic Institute
produced a guide entitled Evaluating Elections: Basic Issues and Principles
in selected Case Studies; and the United Nations has a Handbook on Legal,
Technical and Human Rights Aspects of Elections. The Organisation for
Security Cooperation in Europe (OSCE) produced an Election Observation
Handbook in April 1999 and the African Union adopted the Guidelines for
Electoral Observation and Monitoring Missions in February 2002 and, in
July 2003, the Declaration on the Principles Governing Domestic Elections in
Africa.
In March 2001 the SADC Parliamentary Forum released Norms and
Standards for Elections in the SADC region. This document provides a
framework from a parliamentary perspective that addresses the political
environment conducive to the holding of free and fair elections. The
initiative by the EISA/ECF Task Team, therefore, intended to complement
the work of the Parliamentary Forum by addressing the more technical
and procedural aspects of, and requirements for good electoral practice.
The Windhoek Forum was an initiative by a cross-section of stakeholders
in democracy in Southern Africa to exchange views on what defines
sound electoral practice. In choosing the theme of the conference, In
Pursuit of Electoral Norms and Standards, those involved sought to define
a set of criteria to guide electoral practice and to foster a sound enabling
environment in which elections can take place. The Windhoek meeting
underlined the need to develop regional principles that can provide
benchmarks for national discussion and offer a guide to best electoral
management practice.
The draft Principles for Electoral Management, Monitoring and Observation
were developed by a Task Team formed as a result of the Windhoek
meeting and comprising the members whose names are attached as
Appendix 1. The Electoral Commissions Forum and the Electoral Institute
of Southern Africa held a follow-up gathering on 5 and 6 November 2003
in Johannesburg at which these principles were presented to stakeholders,
debated, and unanimously adopted. The principles contained in this
6 PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION
document are premised on the understanding that every country has its
own political, legal, social and cultural peculiarities. It is expected that
countries will adapt the document to their particular national situations.
PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION 7
3
Institutional Context
of Elections in SADC Countries
3.1 Constitutional and Legal Framework
The constitutional and legal frameworks are fundamental documents of
the state that provide the context and legal environment in which elections
take place. The Constitution of any country should both provide the legal
framework for that country and serve as the basis for the conduct and
delivery of free, fair, credible and legitimate elections.
Most SADC countries have committed themselves to upholding the
fundamental rights and freedoms embodied in their constitutions as well
as to multi-party elections that are free, fair, credible and legitimate. The
majority have enacted legislation to govern the general conduct of elections.
However, in general constitutional and legislative provisions relating
specifically to elections are very limited. Even where provisions exist, they
tend not to contain adequate detail about the management of elections.
Moreover, in former one-party systems, constitutional and legislative
provisions have not been re-aligned to conform to the requirements of
democratic plural politics.
Recommended Principles
The constitutional and legal framework should:
• guarantee fundamental freedoms and human rights, promote good
governance and the values of political stability;
• provide for mechanisms with which to address conflict management
in the electoral process;
8 PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION
• make provision for the review of the Constitution in keeping with
principles of democratic practice;
• provide explicitly for gender equality and affirmative action as a
temporary measure until balanced representation is achieved;
• provide a clear statement on the type of electoral system;
• provide for the regular scheduling of elections;
• provide that elections be held not fewer than 45 and not more than
90 days from the setting of an election date;
• not violate the principles of fundamental human rights and freedoms
(for example, specific provisions for the respect of human rights such
as freedom of association and freedom of expression), which freedoms
should include the right to form and belong to political parties or to
be independent candidates;
• be drafted in plain language and translated into the languages of the
country;
• provide for the establishment of an independent and impartial
electoral management body;
• enact constitutional and legal provisions which deal specifically and
in detail with electoral issues and should include a right of appeal
for aggrieved persons.
3.2 Electoral Systems
An electoral system is a method by which votes are translated into
legislative seats. The choice of system therefore determines the nature of
representation and the format by which seats are allocated. Of the four
main electoral systems used throughout the world (see below), the two
most dominant in the SADC region are the Single Member Plurality
System, also known as First-Past-the-Post (FPTP), and the Proportional
Representation (PR) system. The type of system selected has an impact on
participation, especially that of women and other disadvantaged groups.
The evidence in SADC shows that those countries that use the PR system
have more women in parliament and local government than those that
use FPTP.
PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION 9
Whereas these electoral systems have shaped the nature of representation
in the legislature, some SADC governments also use a system of specially
appointed seats, which allows the ruling party to appoint between four
and thirty MPs to occupy special seats in the legislature. In this regard,
ruling parties in the SADC region have tended to enjoy undue political
advantage relative to opposition parties, which has triggered discontent,
political tensions and conflict in some SADC countries. However, in a few
countries this system has been used positively to place women and
representatives of other disadvantaged groups in parliament and local
government.
Recommended Principles
• Each SADC State should adopt an electoral system in accordance
with its own political dispensation, history and party system.
• The electoral system should be entrenched in the Constitution.
• The Electoral Act should clearly set out the form, content and
operation of the electoral system adopted.
• All stakeholders, particularly the electorate, should understand the
type of electoral system in use; how the state determines the allocation
of legislative seats; the nature of representation and the political
consequences of the chosen system.
• Electoral systems should promote and protect fundamental human
rights as well as the secrecy of the ballot.
• Positive measures such as affirmative action, including quotas for
women and other disadvantaged groups, should be adopted as part
of intra-party and national electoral systems, and mechanisms put
in place to ensure their enforcement.
• The following principles must lie at the heart of the electoral system:
– broad representation of diverse political interests and
population groups;
– inclusiveness and the political participation of key actors;
– political accountability of Members of Parliament to the voters;
– a transparent and legitimate election process and outcome;
10 PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION
– the entrenchment of a culture of intra-party democracy that
ensures the credibility and legitimacy of the nomination process
within political parties.
TYPES OF ELECTORAL SYSTEMS
The four main types of electoral system and their essential
characteristics
(a) Single Member Plurality (SMP)
Commonly known as ‘First-Past-The-Post’ (FPTP), this system is
considered the simplest. The country is divided into electoral
constituencies, each of which chooses only one candidate as its
representative in the legislature. The winner in each constituency is the
candidate who receives a minimum of one more vote than each of the
other candidates, and does not have to obtain more votes than all the others
combined. Although this system may mean that a party with a minority
of votes countrywide becomes the ruling party and although it unduly
disadvantages small parties, the SMP system is reputed to entrench the
accountability of the MP to the constituency. The majority of SADC States
(8) use the Single Member Plurality system.
(b) Single Member Majority (SMM)
In a Single Member Majority (SMM) system the country is also divided
into constituencies but the advantage of the SMM over the SMP system is
that the winner must obtain an absolute majority of votes in the
constituency. Although this system is not commonly used in the SADC
region, some states use it for presidential elections. Where a presidential
candidate fails to secure an outright majority, a run-off election is often
required.
(c) Proportional Representation System (PR)
Although there are various types of Proportional Representation systems,
the commonly used variant is the closed party list system. In most PR
PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION 11
systems the whole country is taken to constitute a single constituency so
no constituency delimitation process is required, as would be the case with
the FPTP and SMM. The PR system generally ensures that all parties
contesting an election have some representation in parliament in
proportion to the total number of valid votes cast. Although this system is
reputed to ensure better representation and a better reflection of public
opinion, it tends to link Members of Parliament to parties rather than to
the electorate. Only four SADC countries operate the PR system.
(d) Mixed Member Proportional System (MMP)
The Mixed Member Proportional system combines the key elements of
the FPTP and the PR systems. The system allows for some Members of
Parliament to be elected through the FPTP system while others occupy
legislative seats through the closed party list system. Although many
ordinary voters find the MMP confusing it tends to maximise the positive
aspects of both the PR and the FPTP, namely broad representation and
accountability. On the other hand, the MMP also embodies the negative
aspects of both PR and FPTP. Only two SADC countries have adopted the
MMP system.
3.3 The Election Management Body (EMB)
Most SADC countries have election management bodies (EMBs) in the
form of independent electoral commissions (IECs), and a range of models
has been adopted. Some of the main constraints to their operation include
limited independence, unclear mandates and inadequate resources.
Controversies have arisen with respect to the appointment procedures and
tenure of members of the EMB, which undermines the legitimacy and
credibility of the electoral process.
Recommended Principles
• Government must adequately fund the EMB in order for it to deliver
a credible and legitimate election. The EMB must promote financial
12 PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION
sustainability and cost-effective management of elections. The size
of the EMB should be manageable to ensure the efficient, effective,
consensual and financially sustainable administration of elections.
• The composition of the EMB should be representative of the society,
and the body should comprise at least 30% women. Consideration
should be given to appointing independent persons known within
the society for their integrity. It is recommended that at least one of
the commissioners should be a person who holds or has held high
judicial office (a high court or supreme court judge). A percentage of
EMB commissioners should be full-time members in order to ensure
organisational and institutional continuity.
• Appointment and dismissal procedures should be clearly articulated
and the process undertaken in a manner that is impartial, accountable
and transparent. These procedures should also take into consideration
the need to ensure institutional continuity.
• The EMB should be accountable to the National Assembly/
Parliament through, for example, the Public Accounts Committee
rather than a ministry, and should be required to report to the national
legislature annually on its activities.
• The budget for the EMB should be decided by a vote in the National
Assembly/Parliament.
3.4 Conflict Management
Election-related conflict is one of the major threats to democracy and
political stability in SADC. Historically adjudicatory institutions such as
the courts, and more particularly the electoral courts, have dealt with
election-related disputes and conflicts.
Alternative dispute resolution and conflict management processes such
as mediation, arbitration and conciliation are potentially a more accessible,
cost-effective and rapid means by which to address such disputes. Only a
few countries have instituted these processes.
PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION 13
Recommended Principles
• The legislative framework should incorporate alternative conflict
management processes.
• The EMB, political parties and civil society should facilitate the
establishment of conflict prevention and management processes to
deal with election-related disputes, including such strategies as
stakeholder liaison committees.
• Independent, skilled and well-trained mediators and arbitrators
should staff the conflict management panels established by the EMB.
• Agreements reached through mediation, conciliation and arbitration
should be enforceable by law.
• Appeal procedures should be established for all elections and should
be dealt with by the courts.
14 PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION
4
Pre-Election Phase
4.1 Delimitation1
In most SADC countries the EMB is responsible for the delimitation of
constituencies, however some countries appoint special commissions to
handle delimitation. The establishment, composition and status of an EMB
applies equally to a delimitation commission. In most cases the mechanisms
for establishing the body responsible for delimitation are entrenched in
the Constitution.
It is important to note that the delimitation process is a technical exercise
that can be used to achieve political goals. It is therefore important that
the process be guided by clear criteria (see Table 1).
Table 1
DELIMITATION OF CONSTITUENCIES
Delimitation should ensure that each constituency contains approximately
the same number of eligible voters. The following considerations should be
taken into account:
i) population density
ii) ease of transport and communication
iii) geographical features
iv) existing patterns of human settlement
v) financial viability and administrative capacity of electoral area
vi) financial and administrative consequences of boundary determination
vii) existing boundaries
viii) community of interest
1. Sometimes referred to as demarcation.
PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION 15
Recommended Principles
The delimitation process should:
• be managed by an independent and impartial body that is
representative of the society, comprising persons with the
appropriate skills;
• be conducted on the basis of clearly identified criteria such as
population distribution, community of interest, convenience,
geographical features and other natural or administrative
boundaries;
• be made accessible to the public through a consultation process;
• be devoid of manipulation of electoral boundaries to favour
particular groups or political interests;
• be conducted by one body;
• include all spheres of government, both national and local.
4.2 Voter Registration
The purpose of voter registration is to identify those persons who are
eligible to cast a ballot on election day. The current practice in SADC is
that the EMB is responsible for compiling a national voters’ roll and
undertaking voter registration. In many SADC countries the transparency
and legitimacy of the voter registration process has been disputed, resulting
in a lack of acceptance of the election results. Conflicts associated with the
voter registration process include the legislative prescription for voting,
the time allocated for the process and for inspection of the voters’ roll and
the accuracy of the voters’ roll.
Recommended Principles
• The voter registration process should promote broad participation
and should not inhibit the participation of eligible voters.
• Eligible voters should be provided with a continuous and accessible
voter registration facility.
16 PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION
• There should be sufficient time for eligible voters to register, for public
inspection of the voters’ roll, for objections and for the adjudication
of appeals.
• Cost effective voter identification protocols should be established to
enable inclusion of the maximum possible eligible voters while
minimising multiple or illegal voter registration – for example, the
development of a multi-purpose national identity card to accompany
a national population register.
• Provision should be made for political parties to monitor the voter
registration process through party agents appointed by themselves.
• Parties should have access to the voters’ roll, without charge.
• Voting rights should be based on considerations that include:
– citizenship;
– legal age of majority (this may differ from country to country);
– residency requirements, if applicable;
– any other additional grounds for disqualification (eg, prisoners
in detention, persons with a criminal record, mentally
disadvantaged, and so on).
4.3 Registration of Political Parties
In most SADC member states political parties are required to register in
order to take part in an election. A time limit for registration is usually
imposed. A healthy multi-party democracy requires the participation of a
number of political parties.
The amount of time political parties are given to register may be contested
if the parties are not given enough time to meet all requirements. The
process of party registration should not violate the principle of freedom
of association.
Recommended Principles
• A registrar of political parties should be established and qualifications
PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION 17
and disqualifications for registration should be clearly provided for
by law.
• While the registrar of political parties must conform with certain
regulatory requirements such as candidate or party deposits,
signatures of registered voters, and the submission of party names
and logos, these regulations should not be so stringent as to exclude
parties from participating in the elections.
• The criteria for registration of political parties should be clearly
defined and transparently applied, and should include appeal
mechanisms.
• Political parties should be required to sign an electoral code of conduct
upon registration.
4.4 Nomination Process
The commitment to deepening democracy must apply to intra-party
democracy. The selection of candidates at party level is not always
democratic and there is a general absence of mechanisms to encourage
diversity and equal representation. Intra-party selection procedures should
not undermine democratic values or impede the representation of women
and other disadvantaged groups. With respect to the nomination process
at national level, concerns have been raised in some countries about the
lack of accessibility of nomination centres, which sometimes results in the
disqualification of candidates.
Recommended Principles
• The process of nomination of candidates (both independent and party
candidates) should be transparent.
• Candidates should be able to submit their nomination papers in the
electoral area that is accessible to them, for instance the constituency
in which they seek election.
• Candidates should have sufficient time to comply with the
requirements of the nomination process.
18 PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION
• There should be an attesting officer or commissioner of oaths in every
constituency, to facilitate easy access and speedy compliance.
• There should be sufficient time for the public to inspect candidate
nomination lists and for objections to be lodged and disputes resolved.
• Before contesting an election political parties should be required to
ensure equal gender representation and at least 30 per cent of women
candidates by 2005, in line with the 1997 SADC declaration on gender
and development.
4.5 Campaign Process
The period between the conclusion of candidate nomination and election
day is used by political parties to mount heightened political campaigns.
Sometimes in SADC countries, insufficient time is allocated for this
purpose. During the campaign period , competing parties and candidates
tend to ignore the code of conduct and resort to unlawful practices such
as the designation of ‘no-go’ areas, preventing rivals from entering those
zones.
Recommended Principles
• At least two weeks should be allotted for parties and candidates to
carry out their election campaigns.
• In the campaign process, parties and candidates should adhere to
the electoral code of conduct that guides their behaviour.
4.6 Media
Most SADC constitutions guarantee freedom of the press as a fundamental
right. However, in many countries the ruling party dominates the public
media. Though the emergence of independent media has had the effect of
challenging this monopoly there is still a perception that in some cases the
public media are not sufficiently accountable to the populus, often resorting
to sensational and biased reporting.
PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION 19
Recommended Principles
• All contesting parties and candidates should have equal access to
the public media.
• Media regulations should be issued by an independent media
authority responsible for monitoring and regulating the media on a
continuous basis.
• Media coverage of the elections should be subject to a code of conduct
designed to promote fair reporting.
4.7 Use of Public Resources
Not all political parties and candidates have access to public resources –
governing parties in SADC have an unfair advantage in this area, using
the public resources to which they have exclusive access for campaign
purposes or to further their political ends.
Recommended Principles
• The use of public assets and funds for party political purposes should
be regulated in order to level the playing field for political
competition.
• The use of public resources for political campaigns and political party
activities should generally be avoided but, if permitted, access thereto
must be equitable and be paid for, and conditions for such access
and payment must be clearly provided for in the law.
• Political parties and candidates should account to the EMB for the
use of such resources.
4.8 Political Violence and Intimidation
There can only be a free, fair, credible and legitimate electoral process in a
climate that is free from political violence and intimidation. However,
election-related political violence and intimidation has occurred in certain
20 PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION
SADC member states. There is therefore a need to create a culture of peace
and tolerance and general agreement on what constitutes acceptable and
unacceptable conduct.
Recommended Principles
• All electoral stakeholders should commit themselves to a culture of
peace and tolerance at all times.
• All electoral stakeholders should put into place programmes that
cultivate and promote a culture of peace and tolerance before, during
and after election day.
• An enforceable code of conduct regulating the behaviour of political
parties and their supporters should be adopted through a consultative
process involving the EMB, political parties and other electoral
stakeholders.
4.9 Role of Security Forces
The role that should be played by the state security forces – army, police
and intelligence – in protecting the security of the election process has not
been properly established in SADC countries. It is generally the police who
keep the peace on a daily basis, including on election day. They play a critical
role in protecting the integrity of the electoral process. However, the presence
of security forces around polling station may intimidate and instil fear in
voters.
Recommended Principles
• Security forces should maintain a neutral role in the provision of
election security.
• Security forces should be regulated by a code of conduct contained in
the electoral law, and their behaviour should not intimidate voters.
• The EMB should meet regularly with the security forces to discuss
issues relating to polling day security, national security during the
election period, and any other logistical assistance that may be required.
PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION 21
• Special provision should be made for the security forces to vote prior
to election day if they are required to be deployed away from their
constituencies on that day.
4.10 Political Party Finance
The majority of SADC member states provide public funding to political
parties for election purposes. This is necessary in order to level the playing
field and to strengthen the democratic process. However, in some countries,
public funding is not provided, and political parties do not always disclose
the sources of foreign funding. In some cases this has led to suspicion and
tensions, particularly between ruling and opposition parties.
Recommended Principles
• Public funding should be extended to all parties (and independent
candidates) contesting elections who can demonstrate a track record
of support in the most recently held elections, based, for example, on
their share of the popular vote.
• The EMB should be responsible for regulating the use of these public
funds and beneficiaries of the funds must provide verifiable accounts
to the EMB.
• Consideration should be given to the establishment of rules governing
the disclosure of all sources of funding of political parties.
4.11 Civic and Voter Education
All SADC member states undertake civic and voter education with the
assistance of Non-Governmental Organisations (NGOs) and other
organised civil society formations. Most civic and voter education
programmes are inadequate, in terms both of content and frequency, and
tend to be over-reliant on donor funding. Rural voters, especially those
residing in remote areas; women and the youth do not always have access
to voter education programmes. Illiteracy is also an obstacle to voter
22 PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION
education. It is widely accepted that these problems contribute to voter
apathy, which is most prevalent among the youth of the region.
Recommended Principles
• In the interest of deepening democracy, enhancing participation and
encouraging informed choice, civic and voter education should be
given high priority in the SADC region.
• To ensure consistency and quality control, overall responsibility for
the co-ordination of civic and voter education should rest with the
EMBs.
• Voter education should be provided in the general context of a
commitment to civic and democracy education throughout the
country, even between elections.
• Governments should prioritise the funding of civic and voter
education by providing for it in the state budget prior to the elections.
• Civic and voter education should be provided in a manner that is
non-partisan, independent, co-ordinated and consistent.
• An effort should be made to ensure that rural voters are given special
attention and that the participation of women and the youth in the
elections is encouraged.
• Civil society capacity such as NGOs, Community Based
Organisations (CBOs), faith based organisations (FBOs) and other
institutions should harness and support civic and voter education to
ensure effective distribution throughout the country.
• Existing forums, such as traditional ones, should also be used to
educate and inform voters about the elections.
• Political parties should provide their supporters with civic and voter
education and information about the voting process which should
be consistent with the voter education and information provided by
the EMB.
PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION 23
5
Election Phase
Increasing popular participation in the electoral process is an important
way of strengthening democracy. This can only be achieved if the public
has confidence in the electoral process and if it is accessible to them. Lack
of confidence and limited access may lead to voter apathy, as reflected in
the generally poor voter turnout evident in some countries.
5.1 Polling Stations
The location of polling stations plays an important role in ensuring easy
access to the process. The selection of polling stations is usually based on
a number of factors such as the number of voters per station, the proximity
of the station to voters, adequacy of lighting and communications, transport
and other logistical considerations.
In most SADC member states, there is an imbalance between infrastructure
and services in urban and rural areas; polling stations in urban areas tend
to be more easily accessible and better serviced than those in rural
constituencies.
Recommended Principles
• An effort should be made to design election materials that are
accessible to disadvantaged voters such as the blind and the deaf. In
the absence of these materials, assistance should be provided to enable
such voters to vote.
• Where applicable, special arrangements should be made to allow
special categories of voters, such as voters living abroad and prisoners,
to vote.
24 PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION
• Polling station should be situated in venues that are accessible to all
voters, especially the elderly and the people with disabilities.
• To ensure easier access, minimise waiting time and enhance efficiency
there should be as many polling stations as population density and
settlement patterns demand.
• Public buildings such as schools should be given priority as polling
stations. If necessary, mobile units should be used.
• Polling station staff should be recruited in a non-partisan manner by
the EMB and should receive training well in advance of election day.
• Selection criteria for the recruitment of polling staff and performance
management processes should be institutionalised by the EMB.
• Party agents, and any persons authorised to be present in the polling
station, should receive training in the voting process as well as in
their role and function at the polling station.
5.2 Secrecy of the Ballot
The secrecy of the ballot is one of the great pillars on which free and fair,
credible and legitimate elections rest. To avoid suspicion, mistrust, political
violence, intimidation and fear of political retribution and victimisation
voters, election officials, party agents and party supporters need to be
assured that their vote will be secret.
The majority of SADC member states observe the secrecy of the ballot.
However, there have been cases where attempts to undermine the secrecy
of the ballot through misinformation and intimidation have been reported.
Recommended Principles
• The voting station should be laid out in such a way that no one is
able to see how voters are marking their ballot papers.
• There should be clear procedures for the provision of necessary
assistance to disabled, illiterate and elderly voters that protect, as far
as possible, their right to vote secretly.
PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION 25
• Where ballot papers are designed with a counterfoil and serial number
all precautions should be taken to ensure that it is impossible to
reconcile cast ballots with the names of individual voters (eg, by
marking their identity number on the counterfoil).
5.3 Ballot Papers, Ballot Boxes and Election Materials
The majority of SADC member states, including those that have electronic
voting systems, use ballot papers and ballot boxes. In most cases the EMB
oversees the production and security of voting materials. In a few cases,
election materials are printed abroad. If not properly handled by the EMB,
the procurement, distribution and types of election material may generate
conflict.
Recommended Principles
• Ballot papers should be designed and printed under the management
of the EMB and in conditions of strict security. The design of ballot
boxes and all election materials should be consistent.
• Ballot papers, rather than tokens or envelopes, should be used.
• All necessary election materials (ballot boxes, ballot papers, voter
registers, indelible ink, etc) should be distributed to all voting stations
on time and in more than sufficient quantities.
• Election material should be procured in a transparent manner.
• Ballot papers should be designed so they can be easily understood
by voters.
• Sensitive election materials such as ballot boxes and ballot papers
should be stored and delivered under strict security in order to
prevent electoral fraud.
• Appropriate methods should be put in place to prevent multiple
voting.
• At the opening and closing of the poll, the procedures for handling
and sealing ballot boxes should be open to the scrutiny of those party
agents and other observers who may be present.
26 PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION
• In the event that ballot boxes and other sensitive election materials
have to be stored overnight, party agents and observers should be
allowed to remain at the polling station with the boxes. Alternatively,
provision should be made for them to place their own seal on the
ballot boxes.
5.4 Counting
In SADC countries vote counting is done manually, at the polling station,
with varying degrees of acceptability by the political parties and voters.
To enhance the credibility and transparency of the count, several SADC
countries are establishing results centres to provide a national record of
the results. The transportation of ballot papers between centres of voting
and counting is a potential source of suspicion and fraud.
Recommended Principles
• The EMB should retain overall responsibility for the management of
the counting process.
• Procedures for counting should be known to those election officials,
party agents, observers and any other authorised persons who are
permitted to be present during the count.
• The counting process should take place in the polling station
immediately after the close of voting.
• If the voting station is to function effectively as a counting station it
must have adequate lighting, communication systems and security.
• Where feasible, the staff who count the votes should not be the same
as those who have been involved in the voting process.
• Counting staff should be given effective training.
• When the counting process is completed the results should
immediately be announced and posted at the counting station.
PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION 27
6
Post-Election Phase
6.1 Announcement of Overall Results
In most SADC countries, the EMB is responsible for officially announcing
the election results. Slow tabulation and poor infrastructure and
coordination leading to significant delays in announcing results are
common. This leads to suspicion and a reduction in the degree of acceptance
of the results, both of which undermine the integrity of the electoral process.
Recommended Principles
• Result centres should be established in all SADC countries and should
be open to the public and used to ensure acceptance of election results.
• The electoral legislation should establish a specific time frame in which
results must be announced, in order to reduce uncertainty and
minimise potential conflict or fraud.
• Electoral legislation should indicate clearly who has the authority to
announce the results.
• Results from the result centres should be announced publicly.
• Time frames should be set for the confirmation of results and the
allocation of seats.
• The EMB report on the elections should contain a detailed account of
the number of eligible voters who registered and the number of
registered voters who voted.
6.2 Acceptance of Results
In some SADC countries electoral outcomes have been disputed for a variety
of reasons. These include dissatisfaction with the ‘winner-takes-all’ system,
28 PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION
which leads to a feeling of exclusion from the process; and with a lack of
transparency and accountability.
Recommended Principle
• A culture of acceptance of election results needs to be cultivated
through civic education and the promotion of a transparent electoral
process.
6.3 Post-Election Review
The conduct of credible, cost effective and sustainable elections requires
that a post-election review be held, either by means of an evaluation by
independent consultants, agreed upon by the EMB, or by use of opinion
polls, exit polls and research. The post-election review is conducted in the
interest of improving the conduct of future elections. In most SADC
countries EMBs undertake a post-election review that makes
recommendations for future elections. However, the process of evaluation
tends to exclude stakeholders in the election.
Recommended Principles
• In order to evaluate the process effectively it is necessary to include
in the evaluation electoral stakeholders such as EMB Commissioners
and staff, political parties, observers, media, voters and other civil
society organisations.
• A results programme should be designed to indicate how many
women, men and young people of various ages voted. This provides
useful information for future electoral planning and voter education.
• The results of the evaluation process should be shared with the
electoral stakeholders.
• The EMB should submit a final report on the elections to an
appropriate institution.
• The EMB should be evaluated after every election.
PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION 29
6.4 Post-Election Disputes
Post-election disputes emerge when parties that have lost the elections do
not accept the results. It is therefore very important that mechanisms be
put in place to deal with these disputes as they have the potential to
undermine the integrity of the electoral process and lead to either overt or
covert social conflict.
Recommended Principles
• There should be clear provisions for appeals against the results and
any other matters related to the conduct of the elections.
• Any conflict management structures established in addition to
recourse to the appropriate jurisdiction should operate in the postelection
period in order to facilitate the settlement of disputes.
30 PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION
7
Election Monitoring
and Observation
Election monitoring and observation have become an integral part of the
electoral process in SADC countries, with most accepting monitors/
observers from international, regional and national organisations. Such
monitors/observers have come to play an important role in enhancing
the transparency and credibility of elections and the acceptance of results.
Although the terms ‘monitoring’ and ‘observation’ are often used
interchangeably it is worth noting that the two processes are, in fact, fairly
distinct, albeit intertwined. Observation refers to information gathering
or on-site fact-finding and making an informed judgement about the
credibility, legitimacy and transparency of the electoral process. It is often
carried out by external agencies who cannot intervene in any material
way in the voting and counting operations. Monitoring refers to
information gathering and examination and evaluation of the electoral
process. It is often carried out by domestic agencies who are able to draw
the attention of the presiding officers to observed deficiencies in the voting
and counting operations.
Election monitoring and observation may take two main forms: (a) longterm,
covering all the phases of the electoral process and (b) short-term,
covering mainly polling day activities. These processes are key instruments
for evaluating and assessing whether or not the electoral process in any
given country has been conducted in a free, fair, transparent and credible
manner. In addition, monitoring and observation can assist a country
holding elections to prevent, manage or transform election-related conflicts
through impartial and timely reporting as well as identifying strengths
and possible weaknesses of the election process as a whole.
PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION 31
In the SADC region bodies such the Electoral Commissions Forum of SADC
countries (ECF), the Electoral Institute of Southern Africa, the SADC
Parliamentary Forum, the SADC Electoral Support Network and many
national and regional civil society organisations, including NGOs, FBOs
and trade unions, have become increasingly involved in election
observation/monitoring.
Recommended Principles
• As far as possible monitoring and observer missions should deploy a
pre-election assessment team to the host country many months before
polling day to ascertain whether or not preconditions exist for them
to dispatch a mission. These preconditions include free political activity
and guarantees that monitors and observers may move around freely
and engage with organisations of their choice to assist with their
assessment of the electoral process.
• Observer and monitoring missions must prepare timeously for election
observation and monitoring so that adequate logistical arrangements
can be put in place well in advance of polling day.
• Observer and monitoring missions must ensure that all participants
declare any conflicts of interest prior to taking part in the mission.
• Election monitoring and observer missions must collectively possess
adequate knowledge of the SADC region in general and the country
holding the elections in particular.
• The EMB or relevant authority must invite observer missions
timeously to allow the mission to prepare adequately.
• Monitoring and observer missions must be accredited by the EMB of
the country or by whichever other body may be relevant.
• The EMB must ensure that the accreditation process for observers and
monitors is speedy, efficient and non-discriminatory.
• Upon accreditation, election monitors and observers must be accorded
the same protection by the law and the authorities as any citizen of
the host country.
• Monitoring and observer missions must compile a comprehensive
check-list defining the scope of their assessment of the electoral process.
32 PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION
• Monitoring and observer missions should interact with all the actors
in the electoral process and organise briefing and debriefing meetings
with key stakeholders or role-players, including the EMB, media,
political parties, civil society organisations and security forces.
• Monitoring and observer missions should produce and distribute
widely impartial, credible and professionally written press releases
and interim and final assessment reports, which will help the EMB
and other interested parties identify any constraints on or
shortcomings of the electoral process. Such constraints and
shortcomings should be taken into consideration by the EMB and
other interested parties when preparing for the next round of
elections.
• Timely reports from election monitoring and observer missions may
be used to help electoral conflict management bodies prevent or
manage potential conflict.
• The EMB must, in consultation with key electoral stakeholders,
develop a code of conduct for election monitors and observers to
ensure acceptable conduct in accordance with the Constitution and
laws of the country holding elections.
• Monitors and observers should use the principles contained in this
document as a basis for assessing future electoral processes in the
SADC region.
• It is critical that codes of conduct do not impinge on the ability of
monitors and observers to discharge their duties freely.
• A standard code of conduct for election monitors/observers should
seek to uphold their behaviour in line with, inter alia, the following
values:
– to abide by the Constitution and the laws of the host country;
– to respect the cultures and traditions of the host country;
– to declare any conflict of interest prior to taking part in the
mission;
– to act in a strictly impartial and unbiased manner in relation
to all electoral stakeholders, including voters, political parties
or candidates, and the media;
PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION 33
– to refrain from actions that could lead to a perception of
sympathy for a particular candidate or political party;
– to refrain from wearing any party symbols or colours;
– to contribute to the legitimisation or otherwise of the electoral
process and its outcome;
– to support the enhancement of and respect for basic political,
social, legal and other human rights in the host country;
– to increase public confidence in the electoral process;
– to offer support and show empathy to those directly involved
in the electoral process;
– to uncover and make public any observed irregularities and
malpractices in the electoral process for possible redress by
relevant institutions;
– to exercise sound judgement and the highest level of personal
discretion at all times.
34 PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION
8
Conclusion
The ECF and EISA acknowledge that democratic governance is a major
challenge facing the SADC region today and that elections occupy a place
of cardinal importance in a democracy. This document provides a
comprehensive guide for the management, observation and monitoring
of elections in the SADC region. It proposes, in a succinct manner,
imperatives for the entrenchment of a working democracy in the region
and in particular the holding of free, fair, legitimate and credible elections
as one of the key pre-requisites for the nurturing and consolidation of
democracy.
The recommendations are based upon the firm conviction that their
adoption will:
• instil the necessary trust and confidence in the management of
elections at all levels;
• encourage a greater sense of ownership of the electoral process by
the general public;
• increase participation in elections by all the people of the region.
In this way the Southern African region will make commendable strides
towards ensuring successful elections, free of conflict and controversy.
These conditions are a prerequisite for regional peace, stability and
development, all of which would add value to democratic consolidation
in the region.
PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION 35
Appendix 1: Task team members
NAME DESIGNATION
DR ATHALIAH MOLOKOMME Gender Senior Programme Officer, SADC
Secretariat
(now High Court Judge, Botswana)
DR KASUKA MUTUKWA Secretary General, SADC Parliamentary Forum
PROF PETER KATJAVIVI EISA Board Member
Vice-Chancellor University of Namibia
(now Namibian Ambassador to Belgium)
MR RAYNAULD RUSSON Senior Manager – Logistics and Infrastructure
IEC, South Africa
MR DAVID ZAMCHIYA Former Chairperson of the EISA Board of
(deceased) Directors
DR KHABELE MATLOSA Assistant Director – Research
SARIPS, Zimbabwe
(now Research Director, EISA)
MR DENIS KADIMA Regional Senior Programme Manager, National
Democratic Institute, Namibia
(now Executive Director, EISA)
DR DAVID POTTIE Research Manager, EISA
(now Senior Associate at The Carter Center,
USA)
MS DREN NUPEN Former EISA Executive Director
(now Elections Consultant)
MR CLAUDE KABEMBA Research Programme Manager, EISA
DR GLORIA SOMOLEKAE EISA Board Member
Gaborone, Botswana
JUSTICE BWALYA Former Chairperson, Electoral Commission of
Zambia
36 PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION
Appendix 2: Abbreviations
CBO Community Based Organisation
CSO Civil Society Organisation
ECF Electoral Commissions Forum of SADC Countries
EISA Electoral Institute of Southern Africa
EMB Election Management Body
FBO Faith Based Organisation
FPTP First-Past-the-Post
IEC Independent Electoral Commission
MMP Mixed Member Proportionality
MP Member of Parliament
NGO Non-Governmental Organisation
OSCE Organisation for Security Cooperation in Europe
PR Proportional Representation
RISDP Regional Indicative Strategic Development Plan
SADC Southern African Development Community
PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION 37
ANGOLA
Justice Antonio Caetano De Sousa National Electoral Council of Angola
Chairperson
Dr Daniel Ntoni-nzinga Inter-Ecclesial Committee for Peace in
Executive Director Angola (COIEPA)
Mr Robert Scott Miller International Republican Institute (IRI )
Country Director, Angola
BOTSWANA
Dr Balefi Tsie Independent Electoral Commission
Commissioner
Mr T. G. G. G. Seeletso Independent Electoral Commission
Secretary
Ms Joyce Andersen Emang Basadi Women’s Association
Justice Athaliah Molokomme High Court of Botswana
Judge of the High Court
Dr Gloria Somolekae
Member of the EISA Board
Ms Keboitse Machangana USAID/RCSA Botswana
Development Specialist:
Governance and Democracy
Sir Ketumile Masire
Former President Botswana
and EISA Patron
Appendix 3: List of participants
REGIONAL CONFERENCE ON PRINCIPLES FOR ELECTION
MANAGEMENT, MONITORING AND OBSERVATIO
IN THE SADC REGION
5 & 6 November 2003;
Johannesburg ; South Africa
38 PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION
DEMOCRATIC REPUBLIC OF CONGO
Fr. Apollinaire M. Malu-malu Independent Electoral Commission
President
Pastor Paul Nalwango Musafiri Independent Electoral Commission
First Vice- President
Mr Norbert Basengezi Katintima Independent Electoral Commission
Second Vice-President
Adv. Crispin Kankonde Kankonde Independent Electoral Commission
Third Vice-President
Mr Sylvestre Mwaka Somo Independent Electoral Commission
Ms Grace Cecile Lula Ligue des Electeurs (LE)
Ms Ellyse F. Dimandja Women as Partners for Peace
in Africa (WOPPA)
LESOTHO
Mr Abel Leshele Thoahlane Independent Electoral Commission
Chairman
Mr Khothatso Ralitsie Independent Electoral Commission
Director of Elections
Ms Pontsho Mamatlere Matete Independent Electoral Commission
Training and Education Officer
Mr Stephen Beale ERIS
Election Advisor
Mr Seabata Motsamai Lesotho Council of Non-Governmental
Executive Director Organisations ( LCN )
MALAWI
Justice James Barnabas Kalaile sc Malawi Electoral Commission
Chairman
PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION 39
Mr George R. E. K. Chimwaza Malawi Electoral Commission
Chief Electoral Officer
Justice Anastazia S. E. Msosa Malawi High Court
Judge of the High Court
Member of the EISA Board of Directors
Mr Steven Duwa-Phiri Pan African Civic Educators
Executive Director Network Trust (PACE-NET)
Mr Ollen Mwalubunju Centre for Human Rights
Executive Director and Rehabilitation (CHRR)
Mrs Monica E. Ngwembe Malawi Electoral Commission
Commissioner
MAURITIUS
Mr Mahmud Jangeer Khan Mauritius Council of
Executive Committee Member Social Service (MACOSS)
Mr L. Amedee Darga
Managing Partner
MOZAMBIQUE
Mr Guillermo Mbilana Centro de Estudos de Democracia
Researcher e Desenvolvimento (CEDE)
Ms Anne Gloor Swiss Cooperation, Mozambique
Rev Dinis Matsolo Christian Council of Mozambique
General Secretary (CCM)
Mr Alberto Manhique FECIV
Ms Isidor E. Faztudo National Electoral Commission
Mr Antonio Carrasco STAE
Director General
Mrs Maria Joachim Macuacua National Electoral Commission
40 PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION
NAMIBIA
Dr Victor Tonchi Electoral Commission of Namibia (ECN)
Chairman of the ECN & President
of the ECF
Mr Philemon H. Kanime Electoral Commission of Namibia (ECN)
Director of Elections
Ms Doris Weissnar Namibia Institute for Democracy (NID)
Training Co-ordinator
Mr Justin Bonongwe SADC Parliamentary Forum
Finance and Administration Officer
SWAZILAND
Mrs Sibongile S Mohammed National Elections Office
Director
Mr Ticheme Dlamini Electoral Office
Crown Counsel
Ms Nonhlanhla Hleta- Nkambule Coordinating Assembly
Research and Information Officer of Non-governmental Organisations
(CANGO)
SEYCHELLES
Mr Hendrick Paul Gappy Electoral Commission
Electoral Commissioner & Registrar
of Political Parties
Mr Anaclet Tirant Electoral Commission
Chief Registration Officer
SOUTH AFRICA
Ms Brigalia Hlope Bam Independent Electoral Commission
Chairperson
Mr Kabelo Selema Southern African Catholic
Organising Secretary Bishops Conference – Justice and Peace
Ms Titi Pitso Independent Electoral Commission
Elections Consultant
PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION 41
Dr Rama Naidu Democracy Development Program
Executive Director
Mr Paul Graham Idasa
Executive Director
Mr Tshiliso Molukanele African Centre for the
Programme Officer Constructive Resolution of
Disputes (ACCORD )
Ms Siziwe Khanyile KwaZulu-Natal Christian Council
Co-ordinator
Dr Aria Merkestein Centre for Leadership Development
Associate (CLD)
Mr Eddie Makue South African Council of Churches
(SACC)
Ms Josephine Philemon Catholic Justice and Peace Commission
Coordinator
Ms Gina van Schalkwyk South African Institute of
International Affairs
Mr Mike Davies South African Institute of
International Affairs
Ms Mirva Viitanen Embassy of Finland,
South Africa
Ms Tsakane Mangwane-Bok Embassy of Finland,
Project Officer South Africa
Ms Annamarie Minder Swiss Cooperation,
Deputy Country Director South Africa
Mr Rune Hansen Royal Danish Embassy (DANIDA)
South Africa
Ms Katja Noorgaard Royal Norwegian Embassy, South Africa
Minister Counsellor
Ms Dren Nupen
Elections Consultant
42 PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION
Ms Roshnee Narrandes Open Society
Programme Officer
Ms Deepa Patel Conference Workshop &
Project Officer Cultural Initiative Fund (CWCI)
Mr Juergen Lovasz European Union Delegation
Economic Advisor to South Africa
TANZANIA
Justice Lewis Mhina Makame National Electoral Commission
Chairman of the United Republic of Tanzania
Mr Harun G. Mahundi National Electoral Commission
Commissioner of the United Republic of Tanzania
Mr Nikubuka Philemon Shimwela National Electoral Commission
Elections of the United Republic of Tanzania
ZAMBIA
Rev. Mwape Chilekwa Electoral Commission of Zambia
Commissioner
Mrs Priscilla Isaac Electoral Commission of Zambia
Deputy Director of Elections
Mrs Chipo Lungu Zambia National Women’s Lobby
Executive Director (ZNWLG)
ZANZIBAR
Justice Augustino S. L. Ramadhani Zanzibar Electoral Commission (ZEC)
Vice - Chairperson
Mr Khamis Ame Zanzibar Electoral Commission (ZEC)
Director of Elections
Mrs Maryam Abubakar Association of Non-Governmental
Secretary General and Acting Director Organisations of Zanzibar (ANGOZA)
PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION 43
Mrs Yuyo Nachali Kambi-kambi The Inter-African Network for
Acting Director Human Rights and Development
(AFRONET)
Mr Guillermo Mangue United Nations Economic
Economic Affairs Officer Commission for Africa (UNECA)
ZIMBABWE
Mrs Joyce Leatitia Kazembe Electoral Supervisory Commission
Commissioner (ESC)
Mr Tinashe Shamuyashe Electoral Supervisory Commission
Legal Advisor (ESC)
Ms Prisca Mukwengi Zimbabwe Election Support Network
Research and Advocacy Officer (ZESN)
Ms Rindai Chipfunde Zimbabwe Election Support Network
National Coordinator (ZESN)
Rev. Max T. Chigwida Centre for Peace Initiaves in Africa
(CPIA)
Rev. Dr Sebastian Bakare Zimbabwe Council of Churches (ZCC)
Bishop
Mr Densen Mafinyane Zimbabwe Council of Churches (ZCC)
Dr Per Nordlund Embassy of Sweden, Zimbabwe
Regional Advisor - Democratic Governance
COUNTRIES OUTSIDE SADC
Prof Jorgen Elklit Department of Political Science
Political Scientist and Member of University of Aarhus,
the EISA Board Denmark
Mr Steve Godfrey
Member of the EISA Board
Dr Nana Maiyaki Tanko Open Society Initiative for
Nigeria Programme Officer West Africa (OSIWA)
44 PRINCIPLES FOR ELECTION MANAGEMENT, MONITORING & OBSERVATION IN THE SADC REGION
Mr Osaretin Imahiyereobo Independent National
Media Advisor Electoral Commission (INEC), Nigeria
Mr Iorwuese Emmanuel Umenger Independent National
Electoral Commission (INEC), Nigeria
Engr A. E. Uchola Independent National
Chairman Electoral Commission (INEC), Nigeria
Mr Irie Vincent Tohbi Côte d’Ivoire
Consultant
EISA STAFF MEMBERS
Mr Denis Kazadi Kadima
Executive Director
Dr Khabele Matlosa Research and Publications
Director
Ms Sa Ngidi Elections and Political Processes
Manager
Mr Wole Olaleye Research and Publications
Researcher
Ms Shumbana Karume Research and Publications
Researcher
Mr Sydney Letsholo Research and Publications
Research Assistant
Mrs Nkgakong Mokonyane Research and Publications
Programme Assistant
Ms Zahira Seedat
Personal Assistant to the Executive Director
Ms Irene Mathenjwa Elections and Political Processes
Assistant Programme Officer
Local Government
Ms Zingisa N. Zibonti Elections and Political Processes
Programme Assistant

NORMS AND STANDARDS FOR ELECTIONS IN THE SADC REGION (2001)

SADC PARLIAMENTARY FORUM
NORMS AND STANDARDS
FOR ELECTIONS IN THE SADC
REGION
Adopted by the SADC Parliamentary Forum Plenary Assembly
on the
25th March 2001
Windhoek, Namibia
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2
A. INTRODUCTION
The experience gained by the SADC Parliamentary Forum in observing
elections in Namibia, Mozambique, Zimbabwe and Mauritius is quite
revealing. There have been significant gains in promoting democratic
governance in the SADC region since the advent of the re-introduction of
multi-party politics in the early 1990s. Periodic elections are being
conducted nearly every five years. In a few cases, elections have resulted
in the change of Governments in a peaceful manner. Indeed, most SADC
countries are making progress in managing succession peacefully. In
addition, some of the elections have produced balanced parliamentary
representation which reflect the broad spectrum of the different shades
of opinions in a country. Some of the one party dictatorial constitutions
have been duly amended to reflect the new dispensations.
Regrettably, however, neither the constitutions, nor the electoral systems
or the practices of most institutions have been aligned to the new multiparty
democratic culture. This applies to intra-party democracy or lack
of it across the board. Levels of tolerance of contesting views are still too
low as well as the empowerment of women to participate in decisionmaking
process in Government. Furthermore, a lot still remains to be
done to improve the political environment in which elections are
conducted and ensuring that the existing legal and institutional
frameworks work independently and impartially. There is still need to
address issues relating to leveling the playing field for all the players
contesting elections, inequality in the funding of political parties,
inadequate access to state-owned media and election related violence.
What is being said above is not equally applicable to all countries. We
must record, for example, the well-known fact that some countries in the
SADC region have served as models of democratic governance for over
three decades, namely Botswana and Mauritius both of which have made
phenomenal economic gains. In addition, the new democratic states
which, emerged in the 1990s in the southern part of Southern Africa
have brought in new systems and practices which promote legitimate
elections and electoral institutions such as independent electoral
commissions. The above observations are fully documented in reports on
elections in the four countries named above and on research done by the
Electoral Institute of Southern Africa (EISA) on the state of elections in
the SADC region as a whole.
As its contribution to the emergence of plural, multi-party democracy,
the SADC Parliamentary Forum has taken a keen interest in election
observation and electoral processes. The immediate objective of election
observation is to determine the openness, freeness and fairness and
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3
elections in the SADC Region. However, the long term goal is to use
lessons learned and experiences gained in election observation to help in
strengthening the democratic processes and transparency in the conduct
of elections in SADC countries. Furthermore, it is expected that
observation will enable the SADC Parliamentary Forum to develop a
procedural manual with guidelines for observer missions. It is against
this background that the workshop was being held.
The purpose of the workshop was to use the lessons learned and
experiences gained in election observation in Namibia, Mozambique,
Mauritius and Zimbabwe to make implementable recommendations to
SADC Government leaders and SADC Parliaments. The
recommendations that were finally made at the end of the workshop
are targeted at strengthening electoral institutions, reforming
outdated legal frameworks and electoral practices, and entrenching
the democratic process in the conduct of elections thus minimising
disputes over the outcome of elections among contesting political
parties. The recommendations which form part of this report if accepted
are expected to significantly contribute to political stability in Southern
Africa.
B. PREAMBLE
Cognisant of the above situation, we the election observer
delegations of the SADC Parliamentary Forum created pursuant to
Article 10(6) of the SADC Treaty:
- Recalling the Commitment of the Heads of States and
Government to democracy and to the individual’s inalienable
Right to participate by means of free and democratic
processes in framing the society in which he or she lives; and
to peace and stability in the SADC region; the Windhoek
Declaration on Freedom of the Press; the Blantyre
Declaration on Gender Equality of 1997; the Harare
Declaration of 1991 and other International Conventions and
Instruments to which all SADC countries are Signatories;
- Recalling the provisions of Article 5 of the Constitution of
the SADC Parliamentary Forum which, inter-alia, calls for
the promotion of the principles of human rights and
democracy and the encouragement of good governance,
transparency and accountability within the SADC region;
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4
- Recalling the role of the SADC Parliamentary Forum in
Election Observation in the SADC region;
for the purpose of institutionalising and strengthening electoral
institutions including democratic processes DO HEREBY make the
following recommendations relating to elections and individual rights;
elections and the Government; and fostering transparency and integrity
in electoral process.
C. RECOMMENDATIONS
PART 1
ELECTIONS AND INDIVIDUAL RIGHTS
1. Registration and Nomination
Problem
While Voter registration is a prerequisite to smooth elections it is
common knowledge that some individuals intending to exercise
their right to vote or to be voted as candidates in an election have
been prevented from doing so through cumbersome voter
registration requirements, nomination technical details, removal
from the voters’ register, intimidation through political violence
and kidnapping of candidates. For a voter to be properly identified
as a national of a particular state, there is need to have an identity.
Recommendations
(i) The right to vote and to be voted for should be accepted as a
birth right in accordance with the Universal Declaration of
Human Rights and the Convention on the Elimination of all
Forms of Discrimination Against Women. Therefore, eligible
individuals should have the right to non-discriminatory voter
registration and nomination procedures. This right should
be enshrined in the constitution of a country.
(ii) There should be provisions and practical arrangements for
continuous voter registration and an updated voters’ register
must be made available to all stakeholders in the elections.
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5
(iii) During nomination and selection of candidates all political
parties contesting elections must ensure adequate gender
balance in compliance with the SADC Blantyre Declaration
on Gender and Development (1997) calling on all political
parties contesting an election to commit themselves to a
minimum of 30 per cent women party candidates by the year
2005.
(iv) Provision be made for people with disability to participate
fully in the electoral process.
(v) Provisions should be made to ensure that prospective voters
are provided with a form of national identity card in good
time for registration.
2. Voting and Secrecy
Problem
There are numerous cases in our countries whereby eligible voters
have been unable or prevented from exercising their right to vote
through violence, lack of information on location of polling station,
intimidation and misinformation.
Furthermore, there are situations whereby the secrecy of the ballot
has been severely compromised by making voters queue behind
their party candidates, village headmen and threats based on the
ability of competing candidates/parties to use modern
communication equipment to tell which way a voter has voted.
Recommendations
(i) The right of eligible individuals to vote unimpeded and the
right to vote in secrecy in a ballot box should be protected
and enshrined in the constitutions of the SADC countries.
(ii) Any measures such as political violence, kidnapping,
murder, threats and sanctions such as denial of
development opportunities in opposition controlled areas
that prevent eligible individuals to register to vote and to vote
in secrecy should be perpetually outlawed by SADC member
states.
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6
(iii) Illiterate persons, old people and persons with disabilities
should be given assistance when voting by persons of their
choice.
3. Freedom of Association and Expression
Problem
It is common in some of the SADC countries that members of the
electorate belonging to other parties have been intimidated, beaten
up, tortured and even murdered for belonging to opposing parties
and for openly expressing their support for their preferred party.
Yet one of the fundamental principles of multi-party democracy
and political development process is that there should be freedom
of association and expression. This principle is violated from one
election to another.
Recommendations
(i) The sanctity of the freedom of association and expression
should be protected and strictly adhered to.
(ii) Relevant electoral laws and code of conduct should provide
for this sanctity.
(iii) Governments should establish by law ad hoc Electoral
Tribunals to enforce electoral laws and codes of conduct
during elections. They should deal with election conflicts.
PART 2
ELECTIONS AND THE GOVERNMENT
1. Commitment to Pluralism, Multi-party Democracy and Politics
Problem
The meeting welcomed the commitment to pluralism and multiparty
democracy in the first place by all SADC countries. However,
the meeting noted that there is still inadequate and lip service
commitment to multi-party democracy and politics among some of
our leaders and politicians. They talk democracy but use
undemocratic means to gain or remain in power. Yet the success
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7
of multi-party democracy and politics depends to a large extent on
Government, political parties and other stakeholders committing
themselves to upholding the values and practices that go with
these concepts. The existence and sustainability of pluralism,
multi-party democracy and politics again depends on the
Government’s belief in a democratic culture and wish to practice
democracy. It calls for the Government to be tolerant of opposing
political views and to harmoniously co-exist with opposition
political parties.
Recommendation
The concepts of pluralism, multi-party democracy and politics
should be enshrined in the constitution as the preferred form of
political development and a basis for good governance. All
stakeholders should commit themselves to pluralism, multi-party
democracy and politics as a condition for participating in the
political process of the country.
2. Date of Elections
Problem
In most SADC countries the date as to when elections are held is a
prerogative of the ruling party if not of the President or Prime
Minister. The announcement for when the elections will take place
is often not made in good time an as such does not allow all
stakeholders to prepare for elections. This has been one of the
many sources of election conflicts resulting in some opposition
parties boycotting the elections.
Recommendations
(i) SADC Governments should ensure that the dates for general
election are fixed by provisions in their Constitutions or
electoral laws.
(ii) If this is not possible the Head of Government should be
required by the electoral law to give adequate notice of not
less than 90 days (3 months) and not more than 120 days (4
months) from the date of dissolution of Parliament for an
election date to give sufficient time to the Electoral
Commission to prepare for the elections and to demonstrate
fair play.
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8
(iii) The Parliament of each SADC State should be involved in the
alteration or fixing of election dates.
3. Misuse of Public Resources and Funding of Political Activities
Problem
In most countries the ruling party and its government seek an
unfair advantage over opposition parties through the use of public
funds and assets for its political activities, particularly meeting
campaign expenses. When opposition parties get a share of public
funds, there are complaints that such funds are inadequate,
payment is delayed and given at the will of the ruling party to the
disadvantage of opposition parties.
Recommendations
(i) In the interest of creating conditions for a level playing field
for all political parties and promoting the integrity of the
electoral process, parties should not use public funds in the
electoral process. The electoral law should prohibit the
Government to aid or to abet any party gaining unfair
advantage.
(ii) Where a policy decision is taken to financially support
political parties with taxpayers’ money, which is necessitated
by the poor resource background of most political parties, an
agreed upon formula must be used and adhered to in
allocating funds to the contesting parties. A commonly used
formula is according to the number of seats each party holds
in Parliament.
(iii) Those countries that are not yet funding contesting political
parties should introduce the necessary legislation to do so in
order to foster uniformity and leveling the playing field.
(iv) There must be accountability in the use of public funds.
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4. Government, Political Parties, NGOs and the Media
Problem
In the majority of SADC countries the state owned media is
controlled by Government. This often causes imbalance in the
playing field between the stakeholders mainly the ruling party and
opposition parties. It contributes to lack of transparency through
selective reporting. Where the opposition parties are given air
time, it is too short and the timing may be inappropriate. The
recent emergence of a vibrant private media has greatly
contributed to some balance in political coverage of both ruling
and opposition parties.
Recommendations
(i) Governments should take the emergence of private media as
a healthy development in the institutionalisation of the
democratic process, the conduct of elections and should
therefore refrain from taking decisions and actions that
thwart the development of a strong private media. There
should therefore be a domestic information law that
reaffirms the existence of private media.
(ii) Governments should take cognisance of the fact that the
involvement of political parties in the electoral process
fosters the transparency of the system and generates public
confidence in the system. Opposition parties should
therefore also be given equal opportunity and agreed upon
time and space on the state owned media to put their
announcements and broadcasts and advertisements. This is
a true test of the Government’s commitment to pluralism
and multi-party democracy and a democratic political
process.
(iii) The role of the civil society, mainly in election monitoring
and civic education, should be recognised by Governments.
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5. Electoral Commissions
Problem
Electoral Commissions do play a very important role in the
preparation for and conduct of elections. However, the
establishment, composition, status, independence, impartiality
and professionalism of some of the Electoral Commissions have
come under serious scrutiny and doubts particularly from
opposition parties and members of the public. These commissions
are accused of being pro the ruling party that has appointed them.
Recommendations
(i) In the interest of promoting and entrenching pluralism,
multi-party democracy and the integrity of the electoral
process, the complete independence and impartiality of the
Electoral Commission in dealing with all political parties
should be reaffirmed in the constitution.
(ii) The commissioners should be selected by a panel of judges
set up by the Chief Justice or the equivalent, on the basis of
the individual’s calibre, stature, public respect, competence,
impartiality and their knowledge of elections and political
development processes. The selection of commissioners
should be done in consultation with all political parties and
other interested stakeholders. The selected commissioners
are to be approved by Parliament.
(iii) To further enhance the independence and impartiality of the
Electoral Commission it should have its own budget directly
voted for by Parliament and not get its allocation from a
Ministry or a Government Department.
(iv) The Electoral Law should empower the Electoral Commission
to recruit and dismiss its own support staff on the basis of
professionalism and competence rather than getting
seconded staff from Ministries and Departments. Such staff
have no loyalty to the Electoral Commission.
(v) Security of tenure of electoral commissioners should be
entrenched in the constitutions of the SADC countries.
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PART 3
FOSTERING TRANSPARENCY AND INTEGRITY IN THE
ELECTORAL PROCESS
It is necessary to start this section by defining what the terms
transparency, leveling the playing field and free and fair elections
mean in the context of managing elections. These concepts are
important in fostering transparency and integrity in the electoral
process.
Transparency
Transparency refers to the degree of openness in the election
process. It is important in the conduct of elections in that it
enables the public at large, political parties and candidates to be
informed on a timely basis about developments concerning
electoral matters. It is a confidence building measure.
Level Playing Field
In the context of elections, the expression “level playing field” refers
to a requirement that the election rules and regulations apply fairly
to all political parties and candidates. It requires that the Electoral
Commission deals openly and on equal terms with each of the
political parties to enhance transparency.
Free and Fair Elections
Whether elections are free and fair is a judgmental position on the
whole process of conducting elections.
Problem
Experience has so far shown that the above three concepts feature
prominently when elections are held in any of the SADC countries.
Opposition parties often complain about the lack of transparency
in the manner in which Electoral Commissions manage elections,
the playing field being skewed in favour of the ruling party and for
the loosing parties the elections being not free and fair. What is
discussed below are some ingredients of good practices that
Governments should seriously consider adopting to enhance
transparency, ensure a level playing field, and guarantee free and
fair elections.
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1. Registration of Voters
Problem
Registration of voters in SADC countries is a once off thing, done
when elections are eminent. Experience shows that this practice
leaves out a substantial proportion of eligible voters. A properly
compiled register of voters provides a sound basis for the
organisation of free and fair elections. The compilation of a
satisfactory voters’ register is a biggest test of the impartiality and
technical competence of the Electoral Commission.
Recommendation
Registration of voters should therefore be a continuous exercise
and not just wait for an election.
2. Voter Education
In some cases voters’ education is left to NGOs and political
parties. Due to lack of funds it is inadequately funded and poorly
managed.
Recommendation
The Electoral Commission should be required by law to provide for
a satisfactory and adequately funded voter education programme
that helps voters to be acquainted with the voting procedures and
other aspects of civic awareness.
3. Boundary Delimitation Commissions
Problem
The main function of a Boundary Delimitation Commission is to
draw the boundaries of constituencies in a fair manner applying a
stipulated formula such as the electoral quota which uses the
average electorate of the constituencies as the basic size of the
electorate to be placed in a constituency. Experience has shown
that this is not always adhered to.
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Recommendations
(i) In the interest of promoting plural, multi-party democracy
and enhancing integrity of the electoral process, the
independence and impartiality of the Boundary Delimitation
Commission in drawing up constituency boundaries should
be reaffirmed in the constitutions of SADC countries. The
tenure of office of the Commissioners should be guaranteed
in the constitution.
(ii) The drawing up of constituency boundaries should be left to
the technical competence of the Boundary Delimitation
Commission without political interference. The Commission
should consult stakeholders in this process.
Gerrymandering should be outlawed.
(iii) Recommendations of the Boundary Delimitation Commission
should not be altered by any stakeholder.
4. Nomination Process
Problem
The nomination process has been a vulnerable stage in election
preparation. Prospective candidates have been prevented from
submitting their nomination papers due to violence, procedural
deficiencies and inadequate role of the courts.
Recommendation
It is therefore recommended that technical requirements/rules
should be kept to the absolute minimum. The Electoral
Commission should have powers to extend the time for particular
nomination centre and prospective candidates should have the
right to appeal to the High Court.
5. Election Campaign
Problem
Election campaign in a number of SADC countries is often riddled
with violence, murder, intimidation, destruction of property,
unequal access to state owned media and accusations by
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opposition parties of a lack of a “level playing field” among the
parties contesting an election.
Recommendations
The Electoral Commission and all stakeholders in the electoral
process should therefore be required by law and be empowered to
ensure that political parties and candidates should denounce
violence in elections in order to ensure that:
- unimpeded freedom of campaign throughout the country;
- free and unimpeded access to Voters’ Rolls;
- all Government Security Forces should act impartially and
professionally;
- Presidential candidates must be provided with free and
adequate security during the election process;
- equal and free access to the state owned media;
- a code of conduct developed through consensus from all
political parties to guide behaviour in the conduct of
campaigns; and
- reasonable safeguards at political meetings, rallies, polling
stations and party premises.
The ad hoc Electoral Tribunal shall enforce the foregoing
recommendations.
6. Funding of Political Campaigns
Problem
The funding of election campaigns is an area where the misuse of
public funds is common and the playing field is not even.
Experience in most countries is that the ruling party is well
resourced (financially and assets wise) while opposition parties are
poorly funded. Ceilings on political expenditure are either not
there or ignored by all. The rich engaged in lavish expenditure to
win votes.
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Recommendation
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. It should be empowered to ensure that proper election
expenses returns are submitted on time, to inspect party accounts,
and for parties to have properly audited and verified accounts.
7. Role of the Courts
Experience shows that the courts come into the electoral process
in terms of:
(i) handling appeals during the registration and nomination
stages;
(ii) dealing with election offences; and
(iii) attending to election petitions.
Problem
In most countries the courts are either under-funded or
understaffed or too bureaucratic to deal promptly with election
petitions and offences. Yet the courts are an important player in
ensuring a plural and multi-party democratic process.
Recommendations
(i) The courts should be strengthened in terms of both human
and financial resources to enable them adequately deal with
election petitions and offences and to ensure a level playing
field and free and fair elections.
(ii) There must be time limits for resolving election petitions.
(iii) In enhancing democracy all electable positions should be
subject of judicial review.
(iv) All cases emanating from electoral petitions should be
subject to electoral review.
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8. The Electoral Commission and the Media
Problem
Technical competence, impartiality in dealing with political parties
and independence of government control are not the only qualities
of a good Electoral Commission. Good relations with the media is
a desirable quality in that it fosters public confidence in the
electoral process. Experience from the SADC countries is that the
relations between the Electoral Commission and the private media
is not only a good one. Yet the media plays an important role in
terms of fostering the integrity and transparency of the Electoral
Commission and on building public confidence in the activities of
the Commission. Therefore, the Electoral Commission and the
media should view themselves as allies and not as adversaries in
the institutionalisation of the democratic process in the conduct of
elections.
Recommendations
The following good practices are offered for adoption by Electoral
Commissions in our Region:
(i) periodic meetings with representatives of the media at every
important stage of the electoral process as a way of
communicating with the general public; and
(ii) general media briefings and general statements to the media
to avoid misrepresentation.
9. Polling Stations
Problem
In some SADC countries, polling stations are in private houses,
shops and stores. This compromises the integrity of the voting
process and the secrecy of the ballot.
Recommendation
Polling stations should be public places such as schools, tents,
mobile vehicles that are neutral.
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10. Ballot Boxes
Problem
The nature of ballot boxes has become the subject of concern in
the voting process. Some countries still use opaque wooden boxes
which defeat the call for transparency in the electoral process.
Other countries are a step ahead in that they use transparent
ballot boxes in line with the general call for transparency in the
electoral process.
Recommendation
Those SADC countries that still use opaque wooden ballot boxes
are urged to discard them in favour of transparent ballot boxes.
11. Counting of Votes
Problem
The counting of votes is another area in the electoral process
riddled with accusations of elections being rigged in favour of the
winning party. The system of transporting ballot boxes from
polling stations to a central counting centre creates opportunities
for missing ballot boxes and other ballot boxes being sneaked in.
This is a violation of free and fair elections.
Recommendations
(i) The counting of votes should be done at the polling station
where the candidates and/or their election agents are
present. Such candidates and agents should be allowed to
remain with the boxes from closure of polling station to
counting of the votes.
(ii) There should be immediate release of official election results
on completion of counting, signed by returning officers and
confirmed by party agents.
(iii) Verification and reconciliation of ballots should be done
before counting begins and this should be done in the
presence of candidates and all their agents.
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(iv) In the event of a long lapse of time between the completion of
voting and the commencement of the counting, the ballot
boxes should be sealed and opened in the presence of all
polling agents.
(v) The Electoral Commission should prepare and make
available a time-table of the electoral process, including the
acquisition of electoral materials, packaging and distribution
to polling centres. The time-table, including all stages of
electoral events should, by law, be made accessible to all
stakeholders.
12. Acceptance of Election Results
Problem
It is common in some SADC countries that both ruling and
opposition parties do not easily accept election results. Some
ruling parties as well as opposition parties do not accept the
legitimacy of each other. In some cases, opposition parties are
denied funds that are due to them. The tendency therefore is for
opposition parties to act outside parliamentary jurisdiction.
Recommendations
i. The culture of accepting election results should be
cultivated and encouraged, especially when election
observers have certified the results as free and fair.
ii. Political parties contesting elections must accept defeat after
fair contests.
13. Managing Post Election Conflicts
Problem
Lack of confidence, trust and dialogue has led to conflicts among
political leaders before, during and after elections.
Recommendations
i. There is need for consensus building.
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ii. There is need to create an institutional machinery at the
SADC Parliamentary Forum level to handle conflicts that
arise before, during and after elections.
iii. SADC countries should work out a mechanism of ensuring
that there is a harmonious relationship and cooperation
between the ruling parties before and after elections.
14. Role of Observers
Problem
There is a growing realisation among SADC countries that have
embraced multi-party democracy that the presence of observers
(local, regional and international) generates confidence in the
political process and international standing of the country. It often
assists the electorate and the losing political parties and
candidates to accept the election results if the election is judged by
the observers to have been held under legitimate conditions.
However, what is disputed is what constitutes free and fair
elections and on the part of the host government who should be
allowed to observe the elections. Some international bodies and
local observers are suspected of having their own agenda and may
not be impartial and have therefore been barred by host
governments from observing the elections.
Recommendations
Despite these concerns, election observers should be accepted as
part of the process to institutionalise multi-party democracy and
as a mechanism to persuade governments to adhere to the
ingredients of free and fair elections. These ingredients include:
i. acceptance by all political parties that all eligible citizens
have had a fair opportunity to register as voters and to cast
their votes;
ii. political parties contesting the election having a fair
opportunity to campaign including an equitable access to the
state owned media;
iii. the Government of the day creating a “level playing field”
condition in which all political parties have the opportunity
to put their policies and programmes to the electorate;
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iv. the removal of any existing state of emergency before an
election campaign begins;
v. certification by all Polling Agents that the Voting was free
and fair at respective polling stations;
vi. the acceptance by the host government of election observers
as a factor in fostering transparency, integrity and in
institutionalising the democratic process in the conduct of
elections;
15. The Role of the SADC Parliamentary Forum in Election
Observation
Problem
The Forum has been experiencing difficulties in some member
countries in respect of timely accreditation; confusion about who
has authority to invite the Forum to observe the Elections; and a
common understanding of how the lessons from observing
elections are shared with the stakeholders. A problem also exists
in SADC because of the absence of a regional body that can assist
in resolving electoral disputes.
Recommendations
(i) The SADC Parliamentary Forum should continue to observe
elections so as to promote democratic practices and
sustainable peace in the region in line with the objectives of
the Forum.
(ii) SADC Parliamentary Forum Observer Missions should
observe the pre-election (including voter registration),
election, and post-election periods. The timing of the preelection
entry point shall be determined by the Secretariat in
consultation with stakeholders.
(iii) The SADC Parliamentary Forum should widely circulate its
election Observation Reports and engage stakeholders in the
aftermath of elections.
(iv) All Governments should endorse a standing invitation to the
SADC Parliamentary Forum to observe elections whenever
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they are held in any SADC country without having to wait for
a formal invitation from the host Government.
(v) In line with the SADC Declaration which inter alia calls
upon all Governments to ensure the full participation of
women with a minimum of 30% of women in all areas of
decision making, including Parliaments. The reform of all
laws that impede the full participation of women in elections,
electoral processes and management of elections. To this
end, each and every recommendation automatically
incorporates provisions that are designed to advance the
women’s role in the governance of SADC countries.
16. Code of Conduct for the Forum as Regional Observers
Problem
Whereas observers have the noble duty to see that elections are
held in a free and fair atmosphere it does not mean that they are
100% impartial. Some election observers may have their own
hidden agendas. They therefore cannot carry out their work
without some guidelines on their behaviour. However, SADC
Parliamentary Forum undertakes to observe elections impartially
in line with the Constitution and Code of Conduct for the Forum.
Recommendations
Election results should be accepted by both ruling and opposition
parties and what is due to opposition parties should be given
without delay in accordance with the law.
It is therefore recommended that Governments should take a
policy position recognising the role of observers, as long as:
i. observers must be non-partisan at all times and seen to be
so. They should not express partisan political views whether
by word, symbol, conduct, song or otherwise;
ii. to respect the laws of the host Government;
iii. to respect the role, status and authority of the Electoral
Commission and presiding officers at all times;
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iv. not to communicate with the voters at any time within the
precincts of the polling station;
v. not to interfere in the electoral process at any time; and
vi. to channel any complaints they may have to the relevant
Government and electoral officials.
17. Reform of Electoral Laws
Problem
Some of the electoral laws are cumbersome and bureaucratic. This
leads to the difficulties of attainment of good electoral standards
and norms within the region.
Recommendation
There is need to harmonize SADC countries electoral laws. This
will enhance and promote the attainment of plural politics,
democracy, peace and stability in the SADC region.
D. CONCLUSION
The above recommendations on norms and standards in conducting
plural and multi-party elections, if adopted and implemented by the
SADC Governments, would certainly go a long way to entrenching a
democratic culture, in minimising conflict and contributing to political
stability and peaceful development in Southern Africa.
SADC Parliamentary Forum should set up a monitoring mechanism to
ensure successful implementation of the recommendations.