Guaranteeing the independence of election management bodies in Africa : a study of the electoral commissions of Kenya and South Africa

Abstract

"Election management bodies (EMBs) have thus been established throughout the world with the responsibility of administering elctions. However, merely creating a body to administer elections does not create public conficence and integrity in the electoral process. The establishment and operation of such a body must meet the key requirements of credible election administration. One such requirement is the need for the EMB to be independent of any party. The independence of the EMB is said, by and large, to attract the confidence of all the stakeholders in the electoral process and create integrity in the process. ... However, as one scholar has observed, the lack of autonomy of EMBs from the government in some African countries is one of the major challenges to the credibility of the electoral process on the continent. It is important to note at this point that the independence of EMBs, though not in itself a guarantee of free and fair elections, determines to a large extent the overall legitimacy and acceptability of an elected government by the electorate. Flowing from this discourse is the need for the independence of EMBs in Africa, both in theory and practice, in order to enhance democracy on the continent. ... Kenya and South Africa have established EMBs to manage elections in accordance with the Universal Declaration on Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR) and the Organisation for African Unity/African Union (OAU/AU) Declaration of 2002. The Kenyan EMB has been in existence since 1991. Recently, the issue of its indpendence has become a central focus in a raging national debate on minimum constitutional reforms in Kenya. Similarly, the independence of the South African EMB, though believed to be sufficiently safeguarded, has also come to be questioned. These institutions play a crucial role in the democratisation processes in both countries, and one of the ways of achieving this goal, is by ensuring their independence from the political process. This study proposes to examine the independenct of the two EMBs and proposes ways of strengthening them with a view to enhancing the work of democracy in both countries. ... Chapter one introduces the study and the problem statement that has prompted the study. Chapter two analyses the concept of independence of EMBs. It also discusses the justification for their independence. A comparative analysis of the independence of EMBs of Kenya and South Africa is the subject of chapter three. Chapter four proposes to discuss the ways of further strengthening the indpendence of EMBs of Kenya and South Africa. The fifth and final chapter proffers conclusions and recommendations." -- Introduction.