Maravi Express
Malawi Electoral Commission (MEC) has officially announced names of nominated candidates for election as Members of Parliament and Councillor in the parliamentary and local government by-elections set for November.
The candidates are from three Constituencies — Karonga Central; Lilongwe North Wes and Makhuwira South Ward in Chikwawa.
There are five candidates for Karonga Central — Enerst Vitto Mwalighali (Democratic Progressive Party, DPP); Leonard Mwalwanda (Malawi Congress Party, MCP); Frank Tumpale Mwenifumbo (UTM Party); Maryflorence Nthankomwa (Independent) and Nellie Sichali for Mbakuwaku Movement for Development (MMD).
Voting process
Lilongwe North Constituency has seven candidates of which four are independents — Goodwell Ndiwo Banda; Chimwemwe Kameta; Bryson Majoni and Deborah Mitawa while Blessings Bokola is for the DPP; Dr Mphatso Jones Boti (MCP) and Christopher Njerengo (MMD).
Five are for Makhuwira South Ward — Lenita Osteni Loki (MCP); Mary Medison (independent); Francesca Nyangulu (UTM); Isaac Sten (UDF) and Henry Tambu (DPP).
Meanwhile, by-elections for three Constituencies — Mangochi West; Mangochi North East and Phalombe North have been withheld after Martin Chikati Sekati Nyengo and Simeon Harrison took MEC to court over some procedures that they argued should be followed.
MEC chairperson Justice Kachale
The High Court has since made its judgment that:
* Only the candidates who participated in the 2019 parliamentary elections will be considered eligible to contest in the elections and their status and party affiliations will be maintained; and
* The voters’ register will be reset to the state it was on 21st May 2019.
In view of the High Court judgement, MEC chairperson, Justice Chifundo Kachale announced that the elections in these Constituencies have been deferred to allow time for implementation of the processes set by the court.
He said new dates for receipt of nominations and the three by-elections will be set and announced in due course.
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Justice Kachale further notifies the candidates and the electorate of the implications and meaning of ‘Majority’ from recent court decisions in the provisions of section 96 (5) of the Parliamentary and Presidential Elections Act and section 80 (5) of the Local Government Elections Act.
MEC has also taken consideration in the interpretation of the same word “majority” by both the Constitutional Court in Dr. Saulos Klaus Chilima and Dr. Lazarus McCarthy Chakwera v. Prof. Arthur Peter Mutharika & the Electoral Commission, Constitutional Reference No. 1 of 2019.
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And also the Malawi Supreme Court of Appeal in Prof. Arthur Peter Mutharika & the Electoral Commission v. Dr. Saulos Klaus Chilima and Dr. Lazarus McCarthy Chakwera, MSCA Constitutional Appeal Number 1 of 2020.
Kachale says following these legal cases, the threshold for determination of a winner for both the parliamentary and local government elections will be set at 50% plus 1 vote of the votes cast.
“Any candidate or political party aggrieved by these decisions may appeal to the High Court of Malawi,” Kachale said.
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