The experts awarded different scores to the various aspects of efficiency of
electoral justice7 (see Table 3.2.2.1). First off, when it came to the time limits for filing
objections with the REC (24 hours from the alleged violation or breach), 6 respondents each
took opposing views. Political parties were somewhat more likely to disagree the time limits
were appropriate, as they looked at this process from a practical perspective and considering
the need to act quickly. whereas legal experts and academics tended to agree. Conversely,
more respondents believed that time limits for lodging appeals with the Administrative Court were
reasonable and well-regulated, whilst all those who did have an opinion agreed that time limits for
ruling on objections/appeals were, excessively
All those who had an opinion agreed that time limits for
short to allow their merits to be properly
ruling on objections/appeals were, excessively short to
examined and for the institutions and for the
allow their merits to be properly examined and for the
relevant institutions to make equitable decisions.
institutions and for the relevant institutions to make
equitable decisions.
This statement attracted agreement from 10
respondents, none disagreed, and 9 were
undecided.
Respondents who believed the time limits were
inappropriately regulated agreed on the need to extend
them but felt that doing so should not sacrifice the speed at
which election results could be declared. This issue is
particularly significant in local contexts where communities are highly polarized and electoral
commissions often come under pressure to declare results quickly. There should be a detailed
and broad-based consultation process to consider the need for extending time limits in
electoral dispute processes.
Experts agreed that time
limits for resolving electoral
disputes ought to be
extended.
With some slight variations of degree, the expert community saw authorities responsible
(amongst other things) for adjudicating electoral disputes – the REC, the Administrative Court,
and the ACA – as either ‘mostly’ or ‘completely’ inefficient. For all three bodies, the
primary causes of this inefficiency were identified as political influence, lack of capacity,
and unwillingness to react. In particular, the Administrative Court was seen as lacking the
requisite powers in this area, which meant that, in practice, its rulings were reversed by
politically-controlled electoral commissions.
Lastly, more than one-half of those polled (10) disagreed that a system that facilitated easy filing
of complaints existed and was easy to use. This meant the average score here was the lowest of
all, at 2.33. however, respondents who did feel there was some sort of system of this type
were also unanimously highly critical of its accessibility and ease of use. In this context, it seems
particularly pertinent to consider the option of introducing a secure and transparent
case management system that would provide all requisite information, explain procedures,
rules, and types of redress, offer forms for download, and be used to publish decisions that
would be regularly updated and available to the broadest public.
7
For each statement, many respondents could not answer or were neutral.
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