The paper addresses the question whether the African Charter on Democracy, Elections and Governance would effectively address the identified electoral problems at a substantive as well as implementation levels. Accordingly, the aim of the study is two fold. This paper analyses the key electoral problems in Africa by analysing trends in recent elections that jeopardise democratic consolidation. Secondly, it evaluates the Charter in addressing the identified problems at normative as well as practical levels. / Thesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2007. / Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Prof. Nico Steytler of the Faculty of Law, University of the Western Cape, Cape Town, South Africa / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

A Theses submitted to the Faculty of Humanities, University of the Witwatersrand, in partial fulfilment of the requirements for the Master of Arts Degree in International Relations, October 2017 / This study examines the effectiveness of the African Charter on Democracy, Elections and Governance in promoting free and fair elections, focusing on Electoral Management Bodies established and operational in Ethiopia and Lesotho. It assesses practical missions conducted by the EMBs within the three levels of electoral governance theoretical framework; that is rule making, rule application and rule adjudication. This study has significant effects for consolidation of democracy and governance because the democracy discourse recognizes important correlations between quality of elections administered by democratic institutions and governance. The study established that both Ethiopia and Lesotho partially implemented the ACDEG electoral rules due to varying political wills, and that the nations’ EMBs were incompetent and faced logistical challenges. However, Ethiopia’s reluctance to genuinely incorporate and enforce the ACDEG principles within its Electoral Law limited the capacity of the NEBE to manage the 2010 and 2015 elections. Whilst Lesotho’s IEC functioned in an inadequate manner due to recurring political unstable contexts it operated within. Both Ethiopia and Lesotho encountered various electoral challenges notably, evident vote inflation, intimidation, violent incidences, unfair media coverage for opposition parties, unreliable voter registers and unsecured ballot boxes which continue to discredit elections. This study posits that the ACDEG effective implementation in promoting free and fair elections can be fruitful with constant dedication by signatory state parties’ to entirely domesticate ACDEG electoral rules in national laws; maintain impartial EMBs and cooperate with election monitors under a regulated compliance mechanism by the African Union. This would address common electoral challenges tormenting African nations; and aid to prevent non-adherence by state parties who devalue the African Union’s election regulations they willingly acceded to. / XL2018

M.A. (Politics) / This study examines the four democratic elections that have been held in Malawi, Zambia, South Africa and Madagascar in order to establish whether there has been an improvement in the quality of elections over the years, to ascertain the challenges faced in each country, and to determine the possible implications for the future of democracy in each of the countries. The criteria according to which elections are assessed in the SADC region guided the investigation. These are the PEMMO standards which, in contrast to a reliance on generalised terms such as „free and fair‟, offer practical guidelines on establishing progress in the electoral process, as well as the SADC-PF and SADC standards. The discussion has been structured along the lines of the three phases of the electoral process, namely, the pre-election period, the election period, and the post-election period, each with its own set of indicators to be met. The study finds that despite the minimal achievements, the overall management of the electoral processes in Malawi, Zambia and Madagascar has stagnated over the years. The institutional and legal framework is one of the major areas that need improvement in Malawi. The Malawi Electoral Commission (MEC), which was charged with the responsibility of organising the various elections, experienced enormous difficulties in establishing a level playing field as well as in exercising its full mandate. Other problem areas include the voter registration process, the use of state resources by the incumbent party, and the acceptance of the electoral outcome by some opposition leaders. In the case of Zambia, the procedure for the appointment of members of the Electoral Commission of Zambia (ECZ) undermines the independence of this body. The other difficult aspects (as in the case of Malawi) are the lack of public funding of political parties, the use of state resources by the ruling party, biased media access and coverage for the ruling party, and the acceptance of election results by some of the opposition parties. The inadequate training of the electoral staff has also been a major contributing factor to these challenges. In contrast to the abovementioned countries (including South Africa), the legal framework in Madagascar did not provide for the establishment of an independent electoral management body. Consequently, the various elections resulted in recurrent shortcomings in the voter registration process, the use of state resources, and the management of election material. However, despite the above bleak picture regarding the elections in Malawi, Zambia and Madagascar, there were some marginal improvements in the conduct of the elections over the years. The polling and counting exercises in Malawi, for instance, proved to be generally well-managed by the fourth election. Similarly, the Zambian elections over the years have improved in terms of the voter registration process, and the decrease in acts of political violence and intimidation. In Madagascar the campaign periods were generally peaceful. However, the government has since been overthrown in a coup d’état in 2009. In contrast with Malawi, Zambia and Madagascar, the four elections in South Africa have been of a high standard, notwithstanding the few flaws, particularly during the first elections in 1994. The independence and credibility of the Independent Electoral Commission (IEC) over the years, as well as its continuation of members for all the elections, have among other reasons, contributed to the high standard of elections in the country. The continuous significant flaws in the elections in Malawi and Zambia pose a serious problem for the advancement of democracy in these countries. In other words, if the basic requirements of democracy – that is "free and fair" elections – are not met it does not bode well for the democratic future of these countries. The legitimacy of the elections and that of the resultant governments can be undermined, as has since been illustrated in the instance of Madagascar. The case of South Africa demonstrates the direct link between the "freeness" and "fairness" of elections and the extent to which its political system is labelled a democracy.

The resort to coalition governments following the disputed presidential elections in Kenya and Zimbabwe pioneers a new trend in unlocking political gridlock in Africa. This dissertation analyses this trend with a view to establishing its viability in guaranteeing sustainable peace and democracy. It is argued that the resort establishes a precedent in which incumbent presidents, upon losing elections, may refuse to vacate office in the hope that a power sharing agreement will be negotiated with opposition leaders. Concludes that while the resort to coalition government in the aftermath of a disputed election and electoral violence may rescue a country from disintegration, it is not a guarantee to sustainable peace and democracy / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008. / Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Prof. Nico Steytler, Faculty of Law, University of Western Cape, South Africa / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

Civil and political strive in Africa is in the main, this is due to an increase in disputes over who won elections. The disputed elections in Kenya, Zanzibar, Zimbabwe, Lesotho, Ethiopia and more recently Ivory Coast to mention but a few, indicate how disputes over election results in Africa have been escalating. ‘Over the last couple of decades, many elections in Africa have been marred by ‘extreme controversy’. Elections ‘rigging and brigandage’, violence and elections invalidation are common phenomena in Africa. The report prepared by the British-Angola Forum (BAF) following a conference on the challenges for free and fair elections in Angola, reveals that many elections in Africa are ‘subject to human error and manipulation’ and this is mainly because those who are in power want to cling onto it especially ‘in countries where there is a perception that politics means money’. Adejumobi argues that in Africa most elections in their current form appear to be ‘a fading shadow of democracy’ jeopardising the frail democratic project itself. According to the African Union Panel of Wise (AUPW), while in some countries elections have built ‘democratic governance and prosperity of citizens’, in others they have led to disputed results and violence among the political actors. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011. / http://www.chr.up.ac.za/ / nf2012 / Centre for Human Rights / LLM

Most African states emerged from shadows and made a transition from mono-party, one-person and military rule towards political pluralism and multi-party democratic governance in 1990s. One of the key ingredients of this transformation is the holding of regular elections and electoral systems that undergird the electoral process itself. However still, most African states practice what is referred to as shallow democracy as opposed to deeper democracy that requires full participation of citizens and accountability. Shallow democracy is the democracy that has not made any positive impacts to the ordinary people despite the radical changes to the constitution and expansion of part activity. / Prepared under the supervision of Mr Paulo Comoane at the Faculty of Law, Eduardo Mondlane University, Mozambique / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011. / http://www.chr.up.ac.za/ / nf2012 / Centre for Human Rights / LLM

In a democracy it is the citizens who choose their leaders. Through elections, the people constitute government to preside over public affairs. However, in several African countries the quality of the elections has been vitiated by fraud, incompetence, unequal playing field and violence. Part of the problem is historical. Within the first decade of attaining independence in the 1950s and 1960s, many African regimes rapidly descended into autocracy and many countries formally recognised one-party regimes. Despite many one-party regimes having been abolished after the democratisation wave of the late 1980s and early 1990s, challenges of holding free and fair elections persist. Several elections held since this democratic wave were generally not considered by independent observers as free and fair. Indeed Africa has become well known for flawed elections, such as was the case in the 2007 elections in Kenya, the 2008 elections in Zimbabwe and the 2010 elections in Ivory Coast. Due to the stifled democratic climate, where even elections had a predetermined outcome, coups became a common and regular method of showing discontent or removing government. While the phenomenon of problematic elections is going on, at the continental level, Africa seems to be making renewed commitment towards democratic governance. With the transformation of the Organisation of African Unity (OAU) into the African Union (AU) through the adoption of the Constitutive Act of the African Union in 2000, the AU, inter alia, committed to promoting “democratic principles and institutions, popular participation and good governance” and seems determined to depart from the legacy of poor governance. It is in view of the foregoing background that this research sought to investigate the challenges the judiciary in Africa has faced in adjudicating presidential election disputes. And, in light of the growing trend towards establishing common African democratic standards and seeking collective solutions, the research also sought to explore the viability of establishing a continental supranational mechanism for resolving disputed presidential elections through adjudication. / Public, Constitutional and International Law / LLD

In a democracy it is the citizens who choose their leaders. Through elections, the people constitute government to preside over public affairs. However, in several African countries the quality of the elections has been vitiated by fraud, incompetence, unequal playing field and violence. Part of the problem is historical. Within the first decade of attaining independence in the 1950s and 1960s, many African regimes rapidly descended into autocracy and many countries formally recognised one-party regimes. Despite many one-party regimes having been abolished after the democratisation wave of the late 1980s and early 1990s, challenges of holding free and fair elections persist. Several elections held since this democratic wave were generally not considered by independent observers as free and fair. Indeed Africa has become well known for flawed elections, such as was the case in the 2007 elections in Kenya, the 2008 elections in Zimbabwe and the 2010 elections in Ivory Coast. Due to the stifled democratic climate, where even elections had a predetermined outcome, coups became a common and regular method of showing discontent or removing government. While the phenomenon of problematic elections is going on, at the continental level, Africa seems to be making renewed commitment towards democratic governance. With the transformation of the Organisation of African Unity (OAU) into the African Union (AU) through the adoption of the Constitutive Act of the African Union in 2000, the AU, inter alia, committed to promoting “democratic principles and institutions, popular participation and good governance” and seems determined to depart from the legacy of poor governance. It is in view of the foregoing background that this research sought to investigate the challenges the judiciary in Africa has faced in adjudicating presidential election disputes. And, in light of the growing trend towards establishing common African democratic standards and seeking collective solutions, the research also sought to explore the viability of establishing a continental supranational mechanism for resolving disputed presidential elections through adjudication. / Public, Constitutional and International Law / LL. D.