1. Election Dispute Resolution Mechanisms: Lessons from the RegionBy
Victor Shale (PhD)

2. Introduction: Election Dispute Resolution Mechanisms
Countries in the SADC Region have election dispute resolution mechanisms albeit differ in implementation and effectiveness
In majority of cases, mechanisms internal and external to the EMBs exist
ITO internal mechanisms, EMBs are at times constrained in terms of enforcement against the background of often tense elections and dominant party system
ITO external mechanisms, there are often efficiency problems largely due to time taken to resolve some of the disputes

3. LESOTHO Lesotho operates a Mixed Member Proportional system (MMP)
It has since independence in 1966 experienced election related disputes often accompanied by violence.
Electoral violence is addressed in a two-pronged approach.
On the one hand it is through an in-build mechanisms within the EMB.
These are consultative structures to ensure ownership of the electoral process by all stakeholders and also to manage the conflict. These structures are:

4. Lesotho (cont…)
Party Leaders Forum- this is the forum of leaders of all parties contesting elections
Party delegates Forum- this is a forum similar to the Multiparty Liaison Committees (MPLCs). Representatives of all parties registered with the IEC meet on a monthly basis with the Commission to be briefed on the electoral process.
Logistics Committee- consists of nominated party representatives to plan all election logistics with the Commission.
Data Committee- involved in the compilation of the voters roll.

5. Lesotho (Cont…)
Monitoring Committee- This is a committee made up of representatives of the parties contesting elections whose role is to ensure that all election operations are carried out without problems.
Besides the internal IEC Mechanism, the legal framework provides for the relief for the aggrieved in the courts of law.
The High Court of Lesotho acts as an Electoral Court over matters relating to elections.
The law also allows for cases to be appealed to the Appeal Court.
The study established that there is some level of frustrations born of undue delays in dealing with electoral petitions.

6. South Africa
South Africa operates a Proportional Representation (PR) Electoral system for the national and provincial elections and a mixture of first past the post (FPTP) and PR for the municipal elections
Since the transition to democracy, SA has held five general elections in 1994, 1999, 2004, 2009 and 2014
With the exception of the 1994 elections, all the elections have been conducted under calm and peaceful environment
However, election discrepancies have always existed and been challenged by opposition parties

7. SOUTH AFRICA (Cont…)
More challenges have existed in the municipal rather than national elections
The split of the governing party, the ANC in 2008, the rise of the DA and formation of the EFF in 2013 have led to fierce electoral competition and an increase in elections petitions
A number of dispute resolution mechanisms are available to deal with electoral disputes:
the Multiparty Liaison Committees (MPLCs)
Conflict Management Panels (CMPs)

8. SOUTH AFRICA (Cont…) MPLCs The Electoral Court the police
the IEC itself,
Other acts or omissions not covered by these specific mechanisms are dealt with through the normal course of civil and criminal law.
MPLCs
The Electoral Act requires the EMB to register and liaise with parties. MPLCS are established at all electoral spheres and comprise 2 reps of all registered parties and 1 rep of independent candidates. The EMB convenes and chairs the MPLC meetings

9. SOUTH AFRICA (Cont…)
MPLCs have been a catalyst in informing the other mechanisms of the potential/manifest election related conflict
MPLC’s are involved in:
Review of electoral legislation
Determination of electoral voting districts
Policy discussion on electoral staff recruitment
Compilation of the electoral timetable
Validation of election results (auditing of the results systems)
Electoral conflicts resolution
Election Debriefing
Thus, MPLCs are maintained throughout the electoral cycle

10. SOUTH AFRICA (Cont…) CMP’s
These are prevention and management mechanism panels that have evolved from African social and cultural practices, of dealing with conflicts, while adhering to regulatory and legal frameworks.
Establishing CMPs aims at encouraging individuals and communities to speak to one another, arrive at agreements, and to understand one another.
EMBs using CMPs start by identifying suitable people, those who can be respected in their communities to form these panels.
However, there can be modifications to memberships of the panels depending on prevailing conditions.

11. SOUTH AFRICA (Cont…)
CMPs operate throughout the election period. However, their work intensifies as polling day approaches.
The panels move throughout the district to hear cases and resolve conflicts. This requires financial support.

12. Zambia Zambia operates a FPTP electoral system
A look at the Zambian elections shows that all elections have been characterised by one form of dispute or the other since the re-introduction of multiparty democracy
Changes in constitution by ruling parties, party splits, party coalitions as well as presidential by-elections following deaths of two sitting presidents have all led to an escalation in electoral competition
Consequently, there has also been a lot of contestation of the election results and even violence
The legal framework in Zambia provides for the resolution of election disputes through means within the Electoral Commission of Zambia (ECZ) and the court system

13. Zambia (Cont…)
The ECZ is responsible for managing electoral conflicts and resolve disputes (Sec 113 of the Electoral Process Act No )
It established Conflict Management Committees (CMCs) at national and district levels.
The CMCs are composed of ECZ officials; registered political parties; civil society organizations and representatives of relevant government departments (i.e Police, Anti Corruption Commission and the Drug Enforcement Commission)
The CMCs mediate in election disputes and enforce the Electoral Code of Conduct for the media, polling agents, political parties, monitors, observers and candidates during elections.

14. Zambia (Cont…)
CMCs cannot make certain decisions which are reserved for the Commission and the Judiciary
They also do not replace the powers of the ECZ
Complaints to be resolved by the CMCs are addressed within 24 hours of receipt of the complaint to assess whether the complaint should be handled by the Committee or referred to Law Enforcement Agencies.
ON THE OTHER HAND,
The Constitution provides that disputes on presidential elections will be determined by the full bench of the Supreme Court

15. ZAMBIA (Cont…)
Previously, one of the major criticisms of the system was that it did not provide reasonable time for the resolution of disputes before the swearing-in of the new president (24 hours after declaration of the results).
This has since change and the complainant has 7 days to lodge a case and such a case has to be resolved within 14 days.
This is however still not efficient as seen during the UPND contest of the presidential results…

16. LESSONS
The Lesotho, SA and Zambia cases, although different in context and electoral systems, are similar in that they recognize and embrace the role of stakeholders such as political parties and CSOs in the management of conflict
A key message from all cases is that EMBs have to regularly consult and dialogue with key stakeholders every step of the electoral process;
Thus, EMBs have to seek preventive mechanisms to ensure that electoral disputes are arrested in their early stages and violence is controlled.
Through dialogue and consensus building among key players, ways of transforming elections ‘from a zero-sum game into a positive-sum game’ can be established