MEC cancels holding of poll rerun in Lilongwe south east, to hold by-election instead

Pollster, the Malawi Electoral Commission (MEC) has cancelled its decision to hold a Supreme Court ordered election rerun in Lilongwe south east constituency.

Msungama: Confused

MEC chairperson Jane Ansah said the Republican Constitution and laws do not provide for such an election in the country.

Ansah therefore said MEC will hold a by-election.

However, Constitutional expert Edge Kanyongolo said an election rerun and a by-election are two different polls altogether.

“But if the law does not provide for an election rerun then we are in a fix,” he said.

Ruling Democratic Progressive Party candidate Betley Namasasu refused to comment on the matter whilst Malawi Congress Party candidate Ulemu Msungama said the whole thing is all confusing.

“Whatever, we are going head with our preparations for the 6 June election,” he said.

National Elections Systems Trust chairman Unandi Banda said MEC had no multiple choice in the matter in the absence of an election rerun law but for go a byelection.

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15 thoughts on “MEC cancels holding of poll rerun in Lilongwe south east, to hold by-election instead”

  1. be humane says:

    whatever the case may be the good point is chisankho chichitikanso and that DPP thief is currently not an MP

  2. mai Jane Ansah…you are a renowned lawyer by profession.Dont be misdirected by MEC board.Suprime Court knows that re-run and by-election are not the same.But to logically suit the situation as the case is the court opted for a re-run where those two previous candidates will have to stand.this is logical.Forget about what the constitution says.Here what is needed is frexability….simple.MEC Chair are you not in contempt of court? Mai mudayamba bwino but now it seems though external forces are interferring with your work.

  3. staford nduwaluwa says:

    what is the difference between rerun and by election?

  4. True patriot says:

    Uuh, this now is interesting! Dr Ansah really wants to confuse us the common people. There cannot be a poll re-run as the constitution only provides for a by-election?

    I’m now beginning to think that the framers of our Constitution did a rushed job! And the esteemed associate professor Kanyongolo (I think he is one of the most level-headed academicians Malawi has ever produced) fears that we are in a fix! Ironically, he played quite a key role during the time of constitutional review (if my memory serves me right).

    Anyway, it’s not too late to refine this document as there have been several occasions when our Constitution has been found wanting. Let’s not hear about issues of lack of funding as the Malawi Constitution is the most important document for our motherland.

    Now to the issue at hand, vis a vi Lilongwe City South East polls, I have the following layman’s interpretation:

    Firstly, may I differentiate between an election re-run and a by-election. I suppose that a re-run is carried out when there are serious doubts to an initial election polling process prompting that the voting process be conducted again. In this case, all the competitors in the initial poll are eligible to contest. A by-election on the other hand, supposes that there is a vacancy created by different reasons. This should presume that the one who held the seat prior to the vacancy being created can’t contest again (they are either dead or constitutionally barred!).

    Now assuming that the foregoing layman’s differentiation is accurate, then the deposed MP will not be allowed to contest as he is constitutionally barred! His sponsoring party will obviously not like this for two good reasons:

    Firstly, this may imply that the party fielded a candidate who is morally questionable, or it (the party was involved or at least knew of some dirty tactics that helped it’s candidate to excel)!

    Secondly, the process of identifying and readying another candidate could prove tricky.

    But as previously admitted, this is only coming from a layman’s mind!

  5. Ine says:

    Mwina re-run akanapikisana anatengelana ku khotiwo basi while byelection will be open to all candidets.

  6. Apao Kugola says:

    So why worry? I thought MEC decided to cancel the ELECTION whether by-election or election re-run) to me thing is straight forward. Does a by-election in the constituency bar Msungama from contesting for the position? Or he is afraid of other new potential contestants? I would get concerned had MEC decided never to hold an election in the constituency in question. Bwanji kuuma mitu kodi. Msungama should indeed, go ahead with his preparations. If the election is not held on 6th June 2017 as announced by MEC then he is at liberty to drag MEC to court for another judicial review which will be a contempt of the supreme court ruling.

    Mbite. Itte kimasu.

    The Fearless Samurai
    (Jwampiriu)

  7. chabwera phiri says:

    there is a huge difference. in a rerun only the candidates who were contested in the disputed election are allowed to compete. in a by-election anyone can contest, parties can change candidates. A by-election in this case necessitates primary elections if parties are not happy with their original candidates.

  8. Yahya Jammeh says:

    Ansah is being used and this is a tactic to engage someone who the DPP beleives would be a stronger candidate than Namasasu to face off Msungama. Take it from me, very soon you will hear that Namasasu has been rewarded with a diplomatic job to pave way for his party to identify another candidate. They are trying to avoid embarrassment. Whatever the case may be, when all is done, Msungama will carry the day. I will rule Gambia for a billion years.

  9. Harawara says:

    The difference is the same.

  10. lucius says:

    so what’s the diffence between re-run & by election?

    1. pk says:

      Inudi ndi a Lucius. ……kuwuma mutu

    2. Wa DPP says:

      In a re-run, only the top two candidates compete while in a bye election any interested registered voter can compete. Msungama will have to compete with all the other candidates again.

    3. Makhuva says:

      A re-run is when the intial candidates during the first election vie for the same position once more while a by-election is conducted with or without the initial candidates, and is mostly done to replace the one who was holding the position, who has lost the position due to death/dismissal/resignation etc

    4. chingolopiyo says:

      In a re-run only candidates who competed in the General Elections would be eligible to contest. In a by-election any candidate who wishes to compete will do so. In other words MCP can choose to field another candidate other than Msungama the same is true with any other party that is fielding candidates. Similarly we can have independent candidates other than those who competed in a general election

    5. Wandale wamyee says:

      By-elections are used to fill elected offices that have become vacant between general elections. In most cases these elections occur after the incumbent dies, resigns, convicted etc while If an election is re-run, it is organized again, for example because the correct procedures were not followed or because no candidate got a large enough. Based on these definitions in an election re-run the same candidates who participated in the previous election are supposed to compete while in for a bi – election its a fresh election people who did not participate in the previous(normal) election are well come to participate. If MEC says they are conducting a Bi-Election will they allow new interested people to contest?????

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