The right to challenge election results should be provided for by law.
- The legal framework for elections included the right to challenge the election results as necessary
- The legal framework provided clear guidance on the grounds for complaints and appeals as well as the processes for demanding a recount
- The right to challenge the election results was guaranteed by law
- The ability to challenge the results of the election was provided by law and was available to complainants as appropriate
- SADC Member States shall adhere to the following principles in the conduct of democratic elections: Challenge of the election results as provided for in the law of the land.
- The right to challenge election results and for aggrieved parties to seek redress should be provided by law. The petition process should set out the scope of available review, procedures for its initiation and the powers of the independent judicial body charged with such review.
- Re-count procedures should be available in case of questionable results.
- All candidates and all voters registered in the constituency concerned must be entitled to appeal. A reasonable quorum may be imposed for appeals by voters on the results of elections.
- Additionally, the law must be clear as to what circumstances require a recount or new election in any or all polling stations. The law must be clear as to who can request a recount or new election, the deadline for the request, all necessary procedures to make the request, the deadline for adjudicating the request, and the date and procedures that will govern a recount or new election.
- If the electoral law provisions are to be more than just words on a page, failure to comply with the electoral law must be open to challenge before an appeal body. This applies in particular to the election results: individual citizens may challenge them on the grounds of irregularities in the voting procedures. It also applies to decisions taken before the elections, especially in connection with the right to vote, electoral registers and standing for election, the validity of candidatures, compliance with the rules governing the electoral campaign and access to the media or to party funding.