MEC releases draft calendar of events for March 30 by-elections in 7 constituencies and two wards

By Duncan Mlanjira

Malawi Electoral Commission has released draft calendar of events for the March 30, 2021 by elections in 7 constituencies — Karonga Northwest, Ntchisi North, Lilongwe Msinja South, Zombs Changalume, Nsanje North, Nsanje Central and Chikwawa East as well as two wards; Riviridzi and Chitakale.

The Commission has already fulfilled one event — a meeting with Presidential Taskforce on COVID-19 and CMD done in Lilongwe on February 15 which also marked the launch of the campaign period.

On Friday, February 19 is the launch of the By-elections at national level through Radio and TV followed by awareness meetings with traditional and religious leaders (February 19-20); launch of the By-elections in the seven constituencies (February 19) and for the two wards (February 20).

February 20 is also for the briefing of DEST and CROs in the Councils of Karonga, Ntchisi, Lilongwe, Zomba, Chikwawa and Nsanje; briefing of DEST & WROs in the Councils of Balaka and Mulanje (February 21).

February 21 is for training of supervisors and BVRK operators in the constituencies and wards while public outreach — mobilization using loudhailers on update of voters’ register inspection is set for February 21–March 7.

February 22–March 7 is for registration, update and inspection of the voters’ register in Karonga North West, Ntchisi North, Lilongwe Msinja South and Zomba Changalume constituencies the two wards — Riviridzi and Chitakale.

The same period is for inspection of the voters’ register in Chikwawa East, Nsanje North and Nsanje Central constituencies.

Pre-examination of nomination papers will be done on March 7 in Karonga North West, Ntchisi North, Lilongwe Msinja South and Zomba Changalume constituencies and Riviridzi and Chitakale wards.

March 8 is for confirmation of candidature in the Chikwawa East, Nsanje North and Nsanje Central constituencies and presentation of nomination papers in Karonga North West, Ntchisi North, Lilongwe Msinja South and Zomba Changalume constituencies; and Riviridzi and Chitakale wards.

March 11 (from 12 noon to 4pm) is for vetting of ballot paper templates by party/candidates’ representatives.

Printing of ballot papers will be done between March 16-23 which shall arrive through Kamuzu International Airport on March 26.

March 19 is deadline for submission of names of party representatives; public outreach (mobilization on polling) shall continue from March19–30 while March 25 is for briefing of DEST, CRO and DECs on polling procedures and results management.

CROs, presiding officers, polling station operation officers shall be trained on March 26–27 while delivery of polling materials to constituencies shall be done on March 27 and 28 March as well as  deployment of staff to polling stations.

At 6.00am of March 28, marks the end of the campaign period while opening and pre-checking of polling materials, including ballot papers and training of clerks will be done from 9:00am on March, 29.

The polling day on March 30 shall begin from 06:00-18:00 hours followed by retrieval of materials from polling stations to results centre.

Polling materials shall be delivery to MEC Regional Warehouses on March 31 while determination and announcement of results by the 

Commission will be made in Lilongwe on April 1.

Meanwhile, former Justice Minister and Attorney General, Ralph Kasambara, has written a legal opinion sorrounding the controversy of two MEC commissioners, saying his “is a simple solution based on the facts as they stand today”.

“First PAC is recommending that the President fires two MEC members over incompetence they exhibited during last MECs cohort tenure. Matter was decided by former president and the issue was left to lie till the last MEC cohort finished its term of office.

“What you conveniently omit from telling your readers is that the current president commenced legal action challenging the two MEC members. But later on voluntarily abandoned the case. We both know the legal effect of such conduct.

“Now the former President appoints new MEC that includes those two Commissioners. No one challenges their appointment. They hold fresh presidential elections that we all claimed were free and fair — current president is elected.

“They again hold bye elections where MCP is victorious. Now you turn around and say they should be fired for incompetence. Which incompetence? Incompetence under Justice Dr Ansah leadership? Or incompetence under Justice Dr Kachale? Please be serious.

“Let’s go back to your red card scenario. Assuming referee gives 2 players red cards but VAR reverses the decision and the game is played on till the end, the two players cannot be disqualified from the following match as their so called red card were nullified by VAR.

“Similarly, here the then PAC recommendation were nullified by the then President.

“Now any good lawyer that seeks to advice client goes beyond the layman’s understanding of facts and legal implications. You should have seen through that to deal with the issue at hand you had to examine the composition of current MEC.

“You would have noticed that it’s defective. It’s safe to use that route and disqualify the current MEC and reconstitute it. In so doing your intended results achieved. That’s what they teach you at a law school. They call that strategic lawyering.”