Independence and efficiency of electoral commissions in Africa: A case study of South Africa and Zimbabwe

Abstract

Elections are critical in a democratic society. International, regional and sub regional instruments recognise the importance of free and fair election. Two things are critical; (i) the rules of engagement; and (ii) election management bodies (EMBs). EMBs are the locus of the electoral process and they play a big role as instruments of governance. They are needed to ensure that political actors adhere to the rules of electoral contest and that the outcome of the election is free and fair. These bodies charged with overseeing the election process must be impartial and independent, transparent and accountable. The Constitution of Zimbabwe provides for legal and operational independence of its electoral commission, ZEC Section 235 of the Constitution provides for the independence of ZEC. However there are provisions in the Electoral Act which undermines the independence of the commission. South African standards provide the best standard. The legal research analyses the Zimbabwean legal framework on the independence of ZEC in comparison with the South African jurisprudence