Effective and timely procedures should be specified by law regarding the complaints and appeals process. These should include:
? All election related complaints should be lodged with the Electoral Commission or Returning Officers at the District level. The Electoral Commission, or lower level of election officials, should refer complaints to the Director of Public Prosecution if a criminal act might have been committed concerning the electoral process;
? Voters, parties and other organisations should be able to defend their electoral rights by submitting a complaint or appeal to a clearly identified competent body. The Electoral Commission Act should be amended to specifically indicate where a complaint must be lodged in the first instance and in what circumstances a complaint may be submitted directly to the Electoral Commission. Clear information should be provided to the public about the process and how to make a complaint or appeal effectively.
? A time period should be established for complaints and appeals to be lodged and disposed of. However, adequate time must be allowed for the gathering of information on which the decision will be based.
? The right to vote and the right to be elected are human rights, requiring effective remedies for their violation. Special attention should be given to establishing adequate mechanisms for appeals against decisions related to inaccuracies in the voter register, the refusal of nomination and the de-certification of candidates during and after an election.
? Consideration should be given to establishing a tribunal to investigate and resolve complaints subject to the approval of the Electoral Commission. One or more members of the Electoral Commission should be part of this body and other members should be selected from amongst people with appropriate expertise.
? The law should be implemented to ensure that Electoral Commission decisions on complaints are taken as a collegial body. The Electoral Commission should regulate the procedures for decision making, adopting and publishing its decisions.
? Civil penalties and administrative actions should be introduced for those who have not complied with the law.
? Efforts should be made to ensure that the complaints and appeals system is transparent and publicly accountable. A centralised record of all complaints and appeals, and their outcomes should be developed and maintained. Reports should be regularly produced and made public.
? Although the grounds on which the Electoral Commission relies to nullify election results appear reasonable, the Electoral Commission Act should be amended to clearly provide the Electoral Commission with the power to annul election results and establish clear grounds on which the Electoral Commission should base its decision.