The objective of this study is to provide a novel working mechanism for the supervision of elections that would no longer be municipal based but rather the subject of a supranational body that is not answerable to municipal authorities. In essence, this study will consider the possibility of a new African Union body responsible for African elections. Rather than just mooting an idea, this study will attempt to justify the need for such a body, as well as answer the practical questions that may hamper the establishment of such a body and also provide for some of the modalities regarding how such a body may work. To enhance the objectives, the study will necessarily commence with a theoretical background of the rationale for having elections. The study will also emphasise on the human rights aspect of elections, namely the right to self determination and the right to participate in public affairs as provided in various human rights instruments. By analysing recent African elections, this study intends to show that the current strategy of wholly relying on municipal electoral authorities is subject to manipulation and can result in humanitarian catastrophes and illegitimate governments. By so doing a justification of introducing a new AU body responsible for supervising African election is made perspicuous / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2008. / A 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 Professor E.K. EK Quashigah, of the Faculty of Law, University of Ghana-Legon, Ghana / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

Evaluating the effectiveness of Thabo Mbeki’s political mediation in the Zimbabwean conflict of 2008, following a disputed election outcome, is the principal objective of this study. The Ripeness Theory of mediation and conflict resolution that was proposed by William Zartman and developed by other scholars is deployed as the theoretical framework of the study. The principal measure of the effectiveness of mediation lies in its success in resolving conflict in a sustainable manner. There is consensus in conflict resolution scholarship that the post-cold war era has witnessed a marked shift of conflicts from the inter-state scene to the intra-state domain, such as the one in Zimbabwe, 2008. This shift has brought with it increasing attention to issues of human security, human rights and democratisation in mediation and conflict resolution. As a result, a compelling need for the effective resolution of such conflicts, and guarantee of the enforcement of human rights, security and promotion of democratisation as part of mediation, has arisen. There is also a general acceptance, amongst scholars, that the success of mediation goes beyond the signing of mediated agreements as often case conflict has re-ignited after the signing of peace agreements. For that reason, the argument that mediation is counter-productive as it often puts a lid on the can of conflict without resolving the underlying conflict issues has achieved currency. There is therefore a general convergence of views in mediation literature that addressing the structural causes of disputes guarantees the sustainable resolution of conflict. It is in the context of these developments and views in international relations and politics that this study evaluates, using the Ripeness Theory, its limits noted, the effectiveness of Thabo Mbeki’s mediation in Zimbabwe, and the argument is advanced that often case mediated agreements are not effective mechanisms for the sustainable resolution of conflict and the achievement of democratisation and durable peace. Civil society groups need to be involved to expand the scope of negotiations and limit effects of mediator partiality. / Political Sciences / M.A. (International Politics)

Includes bibliographical references (leaves 135-150) / It is increasingly becoming apparent that elections, as component parts of democratic processes, do not always guarantee a smooth transfer of power and stable democratic cultures in many contemporary polities. Whenever election outcomes are disputed, Governments of National Unity (GNU) are presented as strategic conflict prevention and resolution models. Yet, the GNU’s ability to nurture democracy in situations where it remains weak or non-existent is extremely limited. This dissertation therefore uses Zimbabwe’s case study to examine how its recent internal political turmoil had overwhelming implications for its legitimacy and democracy. Through qualitative research, the study reveals that despite partially reconciling Zimbabwe’s political protagonists, the GNU neither permanently resolved the crisis nor addressed significant related issues; thus, creating a paradox of legitimacy for the country. The dissertation concludes with recommendations for further research on matters of legitimacy in power-sharing scenarios such as Zimbabwe’s. / Political Sciences / M.A. (International politics)