203. The functions of electoral bodies, including their scope of decision-making, vary
across the continent. Accordingly,
there are various degrees
of the extent of
electoral body’s administrative autonomy. The Court therefore cannot conclude
that
there
are
any
absolute
criteria
regarding
the
appropriate
amount
of
administrative autonomy. Instead, this assessment will depend on the particular
circumstances
of each
case.
In the
instant
case
the
Court
finds
that the
Applicants have not provided sufficient evidence to justify that the administrative
autonomy of the Respondent State’s electoral body is manifestly restricted which
would prevent it from organising transparent, free and fair elections.
204. Similarly, the Court notes that the requirement of financial autonomy is not an
absolute
requirement.
Considering
the
discretionary
power
exercised
by
Parliament in adopting the bill governing the electoral body’s finances and the
involvement of the electoral body through its Bureau in preparing its own budget,
the Court finds that its financial autonomy is sufficiently assured.
205. Therefore, the Court dismisses the argument of the Applicants concerning the
alleged lack of institutional independence of the Respondent State’s electoral
body.
Credibility of the electoral body’s independence and impartiality
206. The Applicants also raise concerns regarding the process that led to the adoption
of the new law on the recomposition of the electoral body and which undermine
the credibility of the electoral body’s independence and impartiality beyond the
deficiencies already raised above.
207. The Applicants claim that the legislative process that led to the reform of the
electoral body was characterised by a lack of transparency,
adequate opportunities to participate in the amendment
inclusiveness and
process.
208. The Applicants contend that the failure of the government to make the terms of
reference,
including
a discussion
schedule,
details about the decision-making
process and a secretariat to ensure the transparency of the discussions, resulted
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