CHAPTERS IN THIS BOOK CHAPTER TWO Linet Sithole, Brian Dube, and Cowen Dziva in Chapter Two tackle the subject of the involvement of traditional leaders in electoral processes in Zimbabwe. In Zimbabwe, as is the case in many countries in Southern and some parts of West Africa, traditional leaders hold a special place in society, as opinion leaders and in some as wielders of political power. As a result, although in Zimbabwe they are traditionally and legally prohibited from engaging in partisan politics, they get involved in elections. The chapter demonstrates that partisan conduct of traditional leaders during electoral process contravenes national law and has been a source of electoral disputes in Zimbabwe. This notwithstanding, the authors demonstrate that there remains a dearth of legal studies with a nuanced analysis of cases regarding this conduct. It is based on this that the authors use court cases, extant literature, and election reports to explore the legally expected role and conduct of traditional leaders vis-a-vis their practices during electoral processes. The authors argue that the Constitution and relevant legislation clearly and unambiguously define the role of the institution of traditional leadership in electoral processes. It is demonstrated that despite being rigid in their application of procedural rules, Zimbabwean courts have made some key judgments against the partisan conduct of traditional leaders. The challenge, though, is with traditional leaders who defy court orders and continue to be prejudiced by politicians. The chapter argues for relaxation of court rules and procedures, respect and enforcement of judgments to reign in errant leaders. CHAPTER THREE Wafula Wakoko in Chapter Three uses Kenya to discuss the subject of pre-election dispute resolution. It is argued that resolution of preelection disputes is among the bridges towards a free and fair election and that it offers an initial avenue for aggrieved parties to seek redress. Kenya’s law bestows the jurisdiction for settling pre-election disputes on the Independent Electoral and Boundaries Commission, among other bodies. The chapter explores how the EDR framework is central to electoral integrity under the Kenyan framework. Examined is the sufficiency of laws and structure of political party politics. Also discussed is the subject of dispute resolution in the context of the following issues: the operational setting, Electoral Code of Conduct, nomination rules, Party primaries, allocation of special seats by use of Party lists, independent candidates, and registration of candidates for elections. It is noted that EDR alone cannot solve the problem of violence in elections. Compliance with existing laws, continued capacity building of EMBs and courts, timely review of laws, demilitarisation of elections, and voter education are just but some of the factors that must be given life. CHAPTER FOUR Dzikamai Bere in Chapter Four discusses the law and practice during the pre-election period. Dzikamai opines that elections in most African countries are a nightmare, usually associated with violence and fraud, and are a breeding ground for conflict that will take decades to resolve. Based on this, the author sets out to discuss some of the issues that could arise during the pre-election period and their impact. In doing this, the author analyses jurisprudence and best practices in the pre-election period and the election environment. The chapter looks at the role of the courts in EDR, as well as the question of political violence and its impact on participation. This is followed by an analysis of the rationale of such frameworks and any supporting mechanisms, using mainly Zimbabwean and South African cases. In this, the chapter also maps best practices and their impact on elections. The chapter analyses the link between the pre-election environment and election outcomes. It discusses the infrastructure for promotion of a credible election, which includes peaceful dispute resolution. Particular attention is given to the judiciary and the role of information in activating participation, especially of marginalised groups in Africa. The chapter concludes by making a set of recommendations aimed at bridging the gaps in law and practice in relation to the creation of a conducive pre-election environment. 5