Objective one

The aim of the assessment is to assess effectiveness of EDR system in the country. The standards to be assessed are

1. Transparency of the right of redress for election complaints and disputes

2. Regimen of election standards and procedures

3. Independence of arbiter/s

4. expediency of decisions.

5. burdens of proof and standards of evidence

6. availability of meaningful and effective remedies

7. effective education of stakeholders. The assessment will seek identify restrictions on legal standing and shortcomings related to dismissal of cases on formal grounds. The assessment will inform the subsequent activities under this project.

 

Markers of Progress

 

Expect to see.

• Gaps in the EDR mechanisms in Zambia identified.

• EDR mechanisms simplified.

• opportunities for further reforming the EDR mechanism in Zambia Identified.

• SAIPAR uses the assessment findings in its outreach efforts to key stakeholders on the EDR situation in Zambia.

Like to see.

• The assessment influencing policies aimed at reforming the EDR framework in Zambia.

Love to see.

• Reformed EDR systems that is aligned to international and regional standards on electoral justice

​

ACTIVITY 2

​

           Tracking of Election Dispute Resolution Cases in the 2021                                              Election Cycle

It is important to analyse the practice of the election administration and the judiciary in dealing with electoral disputes, which will promote correct perception of individual norms and illustrate possible shortcomings that may arise in terms of applying these norms or introducing them in practice. The aim of the exercise is to provide an in-depth analysis of the shortcomings in the existing legal framework as well as the current practice in adjudication of electoral matters both within the Election Administration and the Zambian judiciary. The activity will analyse complaints filed with the Electoral Commission of Zambia and judgments made by courts during the 2021 electoral cycle as well as international and domestic observers reports to thematically study the dispute resolution practices and challenges. The study will serve as a roadmap for the legislature, particularly in the context of the ongoing electoral legislation reform in Zambia.

 

Markers of Progress

 

Expect to see.

• legal standing and shortcomings related to dismissal of cases on formal grounds identified.

Like to see.

• promote correct perception of individual norms and illustrate possible shortcomings that may arise in terms of applying these norms or introducing them in practice.

Love to see.

• use of the tracker to inform reform process on the handling of EDR cases.

• Improved handling of EDR cases in future elections

 

​