SADC Principles And Guidlines Democratic Elections

SADC Member States to adhere to the following principles:

 2.1.1. Full participation of citizens in the political process
 
2.1.2. Freedom of association
 
2.1.3. Political tolerance

Access to Information and Protection of Privacy Act (AIPPA) – effectively excludes any robust expression of view point contrary to that of ZANU (PF) by a system of registering mass media services and accrediting journalists by a Media and Information Commission appointed and controlled by the Executive -  imposing severe sentences on those who do not comply
 
2.1.4. Regular intervals for elections

2.1.5. Equal access to state media for all political parties

The Broadcasting Services Act s. 4 places control of appointments to the all-powerful Broadcasting Authority of Zimbabwe Board in the hands of the President and his minister.  Effectively this gives total control of the state media and the power to grant or refuse broadcasting licenses to ZANU (PF)

There are no independent TV or radio stations in Zimbabwe as a result of this Act

 2.1.6. Equal opportunity to exercise the right to vote and be voted for
 
2.1.7. Independence of Judiciary & impartiality of electoral institutions
 
2.1.8. Voter education

2.1.9. Acceptance and respect of valid election results by political parties

2.1.10 Challenge of election results as per law of the land
 

Clause 4 GUIDELINES FOR THE OBSERVATION OF ELECTIONS

SADC Member States to be guided by the following guidelines:

4.1.1 Constitutional and legal guarantees of freedom and rights of citizens
 
4.1.2 Conducive environment for free, fair and peaceful elections

AIPPA effectively provides ZANU (PF) with the means to eliminate a free press. At the same time ZANU (PF) dominate the state media, achieving a massive and unfair advantage over the opposition

4.1.3 Nondiscrimination in voters’ registration

4.1.4 Existence of updated and accessible voters’ roll     4.1.5 Timeous announcement of election date
4.1.6 Any funding of political parties to be transparent and based on agreed threshold as per law of the land
4.1.7 Polling stations to be in neutral places
4.1.8        Counting of the votes at polling stations 
4.1.9         Mechanism to assist planning and deployment of observation missions                              4.1.10           SADC observation missions to be deployed at least two weeks before voting day 
Clause 7 RESPONSIBILITIES OF MEMBER STATES HOLDING ELECTIONS
7.1 Take necessary measures to ensure scrupulous implementation of above principles – as per constitutional processes of the country
7.2            Establish where none exist appropriate institutions where issues such as codes of conduct, citizenship, residency … and compilation of voters’ registers, would be addressed
7.3          Establish impartial, all-inclusive, competent and accountable national electoral bodies staffed by qualified personnel, as well as competent legal entities including effective constitutional courts to arbitrate in the event of disputes arising from the conduct of elections
7.4          Safeguard the human and civil liberties of all citizens including the freedom of movement, assembly, association, expression and campaigning as well as access to the media on behalf of all stakeholders, during electoral processes as under 2.1.5.

The opposition has been and is still denied access to the State media, and the independent media has been closed down in terms of these laws.  Voter education by civil society is effectively banned by the ZEC Act.          Section 142 of the Electoral Act requires the name and address of the printer of all posters, pamphlets and other documents used in campaigning to be recorded on the face of the document.

Section 150 of the Act makes it an offence to place any bill, poster or other document on any building, wall etc without the consent of the owner/ occupier       7.5            Take all necessary measures and precautions to prevent the perpetration of fraud, rigging or other illegal practices throughout the whole electoral process …
7.6           Ensure the availability of adequate logistics and resources for carrying out democratic elections
7.7        Ensure that adequate security is provided to all parties participating in the elections
7.8            Ensure the transparency and integrity of the entire electoral process by facilitating the deployment of representatives of political parties and individual candidates at polling and counting stations and by accrediting national and/other observers/monitors                7.9          Encourage the participation of women, disabled and youth in all aspects of the electoral process as per the national laws
7.10           Issuing invitation … to SADC 90 days before the voting day in order to allow an adequate preparation for the deployment of the Electoral Observation Mission
7.11            Ensure freedom of movement of the members of the SADC Election Observers
 7.12    Accreditation of the members of the SADC Election Observation Mission on a non-discriminatory basis
(Clauses 7.13 to 7.19 concern the duties of the host government to the SADC Election Observation Mission to facilitate its work)