A situation in which the executive and the judiciary are not clearly distinguishable is incompatible with the notion of an independent and impartial tribunal.
- A situation where the functions and competencies of the judiciary and the executive are not clearly distinguishable or where the latter is able to control of direct the former is incompatible with the notion of an independent tribunal.
- The Court has held that the tribunal must be independent of both the executive and the parties.
- There are two possible solutions: - appeals may be heard by the ordinary courts, a special court or the constitutional court; - appeals may be heard by an electoral commission. There is much to be said for this latter system in that the commissions are highly specialised whereas the courts tend to be less experienced with regard to electoral issues. As a precautionary measure, however, it is desirable that there should be some form of judicial supervision in place, making the higher commission the first appeal level and the competent court the second.