MEC endeavours to hold By-elections as soon as possible when a vacancy occurs

MEC chairperson Justice DR. Chifundo Kachale

* So that people should always have their democratic right to be represented by candidates who are democratically elected

* On February 4, the High Court nullified 2019 parliamentary elections in three constituencies

* Court ordered the Commission to hold the fresh elections in these constituencies within 60 days from the date of the judgment

* Four members of parliament and two ward councillors have died in the recent past

By Duncan Mlanjira

Malawi Electoral Commission (MEC) is holding By-elections in seven constituencies and two wards that fell vacant — three of which are three 2019 parliamentary elections that were nullified by the High Court on 4th February.

MEC was mandated by the High Court to hold the fresh elections in the three constituencies — Nsanje Central; Nsanje North and Chikwawa East — within 60 days from the date of the judgment.

The other vacancies were through the death of four Members of Parliament and two ward councillors from Ntchisi North, Lilongwe Nsinja South, Karonga North West and Zomba Changalume constituencies and from the two wards of Riviridzi in Balaka and Chitakale in Mulanje districts.

This at a press briefing on Tuesday in Blantyre, MEC chairperson Justice DR. Chifundo Kachale, SC said they are committed to holding by-elections as soon as possible when a vacancy occurs so that people should always have their democratic right to be represented by candidates who are democratically elected.”

March 30 is polling for the vacancies arising from court nullification and April 18 for the areas where the vacancies arose due to deaths of previous holders.

Amongst preparatory meetings MEC has had include that with the Speaker of National Assembly, Catherine Gotani Hara where they sought her indulgence to exercise her discretionary power under section 63 (2) (b) of the Constitution of the Republic Malawi and extend the period within which the Commission is mandated to hold by-elections.

“Section 63(2)(b) of the Constitution states that; ‘any by-election to fill a vacancy that occurs shall be held within sixty days after the seat of the member becomes vacant or, if in the opinion of the Speaker the circumstances do not admit, then as expeditiously as possible after the expiry of that period’.

“The Commission is yet to receive feedback from the Honourable Speaker’s office in that regards.”

Feedback from consultative meetings

“The Commission is fully aware that the law provides that it should work independently of any office or authority. It is our strong view, however, that consulting stakeholders to seek their views and information to help us make informed decisions does not compromise its independence.

“It is precisely in this spirit that the Commission sought an interface with the Presidential Task Force on COVID-19 and the Centre for Multiparty Board (CMD) Board regarding holding of these by-elections.

“For the sake of record, this is the same route the Commission took before conducting the by-elections held on 10th November and 15th December, 2020. The Commission appreciates the feedback it gets through such platforms.”

He went on to say that the feedback from the COVID-19 Task Force and the CMD Board has been emphatic that the Commission should combine the two calendars and hold by-elections together.

“On the time factor, it was suggested during the meeting with CMD that the Commission should approach the court for an extension of the polling date to a day outside the court ordered 60 days.

“However, the Commission having reflected upon the matter, today the Commission wishes to announce that the by-elections will be held on 30th March, 2021 in all the seven constituencies and two wards.”

He added that part of the reason for seeking to extend the time-frame is the MEC sometimes has to deal with issues of procurement fo services such as printing of ballots under the relevant procurement statutes that require to seek services outside Malawi.

It also requires to flow the tenders for a period of not less than 45 days and “all those processes will require time and we felt initially that we may not be able to do that within the prescribed 60 days.

“So we are seeking the engagement of the PPDA to consider granting us authority to single source those services, if we will be able to implement the calendar of the by-elections before the 30th of March.”

Voter registration and update

This will run from 22 February to 7 March 2021.In areas that fell vacant because of court nullification, that is Chikwawa East, Nsanje North and Nsanje Central constituencies, there will be only voter verification and no registration of new voters.

Registration of new voters and voter verification will take place during the same period in all the constituencies and wards which have fallen vacant because of death of the MPs and councilors elected in 2019.

The official campaign period has started from February 15 to March 28 at 6.00am — 48 hours before the polling day.

“The Commission has provided more time for the candidates to conduct campaign because the COVID-19 is limiting to some crowd pulling strategies,” Justice Kachale said.

Nomination of candidates

The areas that fell vacant because of court nullification of election results will not have nomination of new candidates and the candidates that competed in 2019 are advised to present themselves at their respective Constituency Returning Offices to confirm their candidature on March 8.

“However, there will be fresh nomination process in the remaining constituencies and wards whose vacancies have arisen because of death.

“All previous candidates and new ones are supposed to collect nomination papers from their respective constituency and ward offices from 19th of February, 2021. Presentation of nomination papers will be on 8th March, 2021.”

The main tally centre to be located in Lilongwe and after the polling MEC is expected to announce the official results by 1st April.

Stakeholders’ meetings to launch the elections in the constituencies will be on Friday, February 19th from 9.00am at:

• Mpasa TDC (Nsanje Central Constituency)

• Fatima TDC (Nsanje North

• Livunzu TDC (Chikwawa East)

• Malomo TDC (Ntchisi North Constituency)

• St Anthony TDC (Zomba Changalume)

• Chankhandwe TDC (Lilongwe Msinja South)

• Maghemo Sec School Hall (Karonga North West)

• Kankao TDC (Liviridzi Ward in Balaka West Constituency

• Mulanje Council Hall (Chitakale Ward in Mulanje South Constituency Saturday, 20th February)