Ansah says use of only National Identity as requirement for May 21 2019 tripartite elections voter registration was illegal

By Duncan Mlanjira

The enforced requirement for voters to use only the much touted National Identity as requirement for the May 21 2019 tripartite elections voter registration was illegal.

This was disclosed by Malawi Electoral  Commision (MEC) chairperson Justice Jane Ansah SC, during the National Elections Consultative (NECOF) meeting held in Blantyre on Thursday, March 12.

She quoted Section 23 (a) and (b) of the Parliamentary and Presidential Elections Act and similarly Section 14 (a) and (b)  of Local Government Elections Act that make it a requirement for a person wishing to be registered to “…present to a registration officer sufficient and cogent proof of his eligibility and may do so by producing a passport and a driver’s licence and even if expired”.

The law also says eligibility for registration also requires a tax certificate or marriage certificate; an employment identity card or employment discharge certificate or a birth certificate or similarly authentic document of identity.

It also requires a voter to bring a written, verbal or visual testimony of the chief, village headman or a registered voter of the area or the registration officers.

“For the purposes of the 21st May 2019 elections, the Commission insisted on the presentation of the national registration card issued under the National Registration Card as the primary proof of eligibility,” Ansah said.

“This did not have any legal foundation and was always a potential source of legal challenge on the registration process.

“The Commission has resolved that without legal backing, it is constrained to insist in the national registration card only.”

She said MEC recognizes registration of voters as a very important aspect of the lection process and it would be tragic to disenfranchise eligible voters by failure by the Commission to put in place measures to ensure that all eligible voters have registered to vote.

“The period for registration of voters as provided at ‘not less than 14 days’ at section 29 of the Parliamentary and Presidential Elections Act.”

Ansah added said it must be observed that in the Parliamentary and Presidential (Amendment) Act, 2020, Parliament has made provision that for the purposes of the fresh elections and the national registration card shall be the only recognizable proof of eligibility for purposes of registration voters.

“I must reiterate, however, that this Bill is not yet law as such, the Commission must still recognize all the other proofs of eligibility as currently provided under the Act,” said Ansah.