A Comparative Study of the Challenges of Being Independent: Case studies (Botswana Independent Electoral Commission and Electoral Commission of Zambia)

Elections in a democracy are a way to bring about a peaceful transfer of power in an organised and peaceful manner within a legal framework. However, this process, in most countries, carries with it elements of uncertainty and tension. Southern African countries like Botswana and Zambia have more experience with comparative democratic electoral politics than others. This article seeks to identify the legal framework that govern and the weaknesses and opportunities that exist in the electoral commissions of Botswana and Zambia in order to eradicate the current challenges faced by election management bodies (EMBs); more importantly, it seeks to understand their image as impartial players in the conduct of general and other elections that are held in Botswana and Zambia in order for the SADC region to learn from these two EMBs. The purpose of this article is to critically compare and analyse the independence of the Zambia Electoral Commission and the Botswana Independent Electoral Commission, in order to establish the extent of the adequacy of the legal frameworks that govern their independence. The article argues that an EMB has to win the confidence of all stakeholders in the electoral process.