Possession of guns at election campaign rallies prohibited by law

* Contained in the published Gazette of the Code of Conduct for Electoral Campaign for political parties, candidates and their followers found on; https://mec.org.mw/publications/

* This being a regulation, it is enforceable, and the law has given the Commission powers to mete out fines for violations

By Duncan Mlanjira

Ahead of the September 16 General Elections, which is 85 days remaining as of today, the Malawi Electoral Commission (MEC) alerts that the Code of Conduct published in the Gazette prohibits possession of guns at election campaign rallies.

The Code of Conduct — whose full version can be obtained through https://mec.org.mw/publications/ — among other things, prohibits a political party or candidate participating in an election or any other person, in relation to elections, shall not carry, display, or use arms, weapons, or any traditional or unconventional weapons at political events.

These meetings include political marches, demonstrations or rallies for the purpose of electoral campaign for political parties, candidates and their followers.

“This being a regulation, it is enforceable, and the law has given the Commission powers to mete out fines for violations,” says MEC, which publishes all electoral updates on its Facebook page; https://web.facebook.com/Mwelectoralcommission.

Also contained in the Code of Conduct is that contesting political parties, candidates, members of a political party, or representatives of independent candidates are prohibited from publishing false or defamatory allegations in connection with an election against a political party, its candidates, representatives, members, or any candidate.

Meanwhile, according to the Republic of Malawi’s Constitution, s.80(7), no person shall be allowed to contest as President or Vice-President if he/she:

* has been adjudged or declared to be of unsound mind;

* is an undischarged bankrupt, having been declared bankrupt under a law of the Republic;

* has, within the last seven years , been convicted by a competent court of a crime involving dishonesty or moral turpitude;

* owes allegiance to a foreign country;

* is a holder of a public office or a Member of Parliament, unless he or she has first resigned;

* is a serving member of the Defence Force of the Malawi Police Service; or

* has, within the last seven years, been convicted by a competent court of an violation of a law relating to the election of the President or the election of Members of Parliament.

As of close of business on Friday, MEC had issued 13 nomination papers for the presidential race that include incumbent President Lazarus Chakwera (Malawi Congress Party); former Heads of State, Peter Mutharika (Democratic Progressive Party) and Joyce Banda (People’s Party); Kondwani Nankhumwa (Peoples Development Party); Atupele Muluzi (United Democratic Front); Frank Tumpale Mwenifumbo (National Development Party); Kamuzu Chibambo (People’s Transformation Party) and Akwame Bandawe (Anyamata, Atsikana, Azimayi) as representing parties.

There are four independent aspirants; Milward Tobias, Adil James Chilungo, Rev. Hardwick Kaliya and Smart Swira — all set to present their nomination papers to MEC from July 24-30 July with presidential candidates presenting their’s at Bingu International Convention Centre (BICC) in Lilongwe while the parliamentary and local government elections candidates to present at Constituency Returning Offices.

The collection of nomination papers began on June 10 and will continue up to the final day of receipt of nomination papers (July 24) while the list of names of duly nominated candidates shall be published by August 8 in the Government Gazette, in at least two newspapers of general circulation, and will also be broadcast on the national radio.

This was announced by MEC chairperson, Justice Annabel Mtalimanja a press briefing last week where she also advised candidates and their election representatives “that they have the right, during the entire nomination period, to request the Commission to examine their nomination papers and supporting documents before formal submission”.

“This will help ensure completeness and compliance with legal requirements,” she emphasised. “Upon formal submission of nomination papers, the Commission shall, before the close of the nomination period, notify candidates or their representatives of any defects identified in the nomination papers or supporting documents.

“Candidates will be permitted to rectify such defects before the nomination period closes,” she said, stressing that the changes of dates for receiving nomination papers has considered desirably to be aligned with the dissolution of the National

Assembly as provided under section 67(1) of the Constitution — “which also sets the date of polling and section 147 (5) of the Constitution which provide for the dissolution of local government authorities on 23rd July 2025”.

The official 60-day campaign period, that permits candidates and political parties to freely canvass for votes, remains to start from July 14 and to close on September 14 at 06h00 on September 14 — to be conducted in accordance with the electoral laws and the Code of Conduct for Election which MEC has prescribed to regulate the conduct of campaign.

“The official period of campaign is set by law under section 51(2) which states that the period shall close 48 hours before the opening of the poll,” Mtalimanja reiterated.

“This period should be considered as a separate period to the period of nomination. Therefore, candidates and political parties are encouraged to begin their respective campaign activities at the commencement of the campaign period on 14th July 2025 as declared by the Commission,” she said.

* Weather update