The Enforceability of SADC EOM Election Recommendations
The role of the Southern African Development Community (SADC) and SADC Election Observer Missions (SEOM) in safeguarding credible elections in Southern Africa and the implementation and enforceability of its recommendations has come under renewed scrutiny following the condemnation of the 2025 Tanzanian General Election. In its Preliminary Statement, the SEOM, led by Honourable Richard Msowoya, former Speaker of the Parliament of the Republic of Malawi, observed that:
| “Voters could not express their democratic will,”
and concluded that the 2025 General Election in the United Republic of Tanzania fell short of the requirements set out in the SADC Principles and Guidelines Governing Democratic Elections.
Concerns regarding the weight of SADC recommendations have also surfaced in the Parliament of Zimbabwe, where, in response to questions raised on 8 October 2025 regarding the implementation of SEOM recommendations from the 2023 Harmonised Elections, the Deputy Minister of Local Government and Public Works, Honourable Kabikira, stated that:
| “When SEOMs publish and officially submit their election reports, the member states that conducted the election may consider the recommendations advanced therein for the purposes of improving electoral conduct.”
The Deputy Minister further clarified that the operative word “may”, signifies that these recommendations are not binding on member states. Consequently, while SEOM reports carry significant persuasive, normative and advocacy weight, the recommendations do not impose a legal obligation on member states to implement. This position raises critical questions about the role, authority, and enforceability of SEOM recommendations within the SADC framework, and their overall impact on promoting democratic governance and electoral integrity in the region.
According to Article 5.1.2 of the SADC Principles and Guidelines Governing Democratic Elections (2021), Member States are required to:
“Facilitate the observation of the entire electoral cycle of their national elections by SEOMs, including the deployment of Goodwill Missions, Long-Term Observers, Short-Term Observers, and pre-election assessment processes.”
Therefore, the observation of elections by SADC constitutes a peremptory requirement that must be facilitated by all Member States. Article 8.3.2 outlines the mandate of SEOMs, which is to determine the extent to which a Member State holding elections adheres to the provisions of the SADC Principles and Guidelines.
Following the observation process, the Principles and Guidelines provides that, in order to promote and strengthen the culture of democracy and good governance, SEOMs, shall submit a Preliminary Post-Election Statement, followed by a Final Report. Within these reports, SEOMs may issue recommendations to assist Member States in improving the conduct of future elections, in line with the SADC Principles and Guidelines.
Under Article 11.8.2, Member States may take one of two non-binding actions upon receipt of a SEOM report:
- Consider the recommendations advanced for improving the conduct of elections; or
- Submit a response to the Chair of the Organ on Politics, Defence and Security Cooperation.
The operative term “may” signifies that these recommendations are not legally binding and consequently, the implementation of SEOM recommendations remains discretionary, resting entirely on the political will of the member State concerned.
While SEOM recommendations do not carry legal consequences, they provide valuable normative and procedural guidance on strengthening electoral integrity and democratic governance. However, their non-binding nature is a primary reason for the persistent non-compliance by Member States. Neither the Government of Zimbabwe nor that of Tanzania, for instance, faces any legal obligation or risk of reprisal for failing to implement SEOM recommendations following their disputed elections.
A further contributor to limited compliance is the absence of an institutionalised follow-up mechanism within SADC to monitor the implementation of SEOM recommendations. The SADC Electoral Advisory Council (SEAC), which serves as a technical advisory body to SADC on electoral processes and the promotion of democracy and good governance, is tasked with encouraging adherence to the Principles and Guidelines. SEAC conducts post-election reviews to assess the extent of implementation and to determine the kind of support required by member States. Nonetheless, SEAC’s oversight and enforcement mechanisms remain weak, limiting its capacity to ensure accountability and consistency.
That said, SADC should be commended for its recent shift towards more assertive and independent electoral assessments. The shift continues to restore public trust in the institution. ERC Africa notes a marked change in SEOM’s tone and approach in recent elections, Zimbabwe (2023) and Tanzania (2025), where it issued strong critiques of the elections that failed to comply with SADC’s democratic principles. This evolving stance reflects a positive step towards restoring the credibility and integrity of elections within the region.
However, despite these improvements, the existing framework still leaves SADC vulnerable to the political discretion of Member States, thereby limiting its effectiveness in ensuring uniform compliance and genuine democratic accountability across the region.
About SADC
The Southern African Development Community (SADC) is a regional intergovernmental organisation comprising 16 Member States from Southern Africa (Angola, Botswana, Comoros, Democratic Republic of Congo (DRC), Eswatini, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Tanzania, Zambia, and Zimbabwe). It was established to promote regional integration, socio-economic development, peace and security, and cooperation among its members.
