50+1 is already law: Parliament defeats Constitution amendment, approves 2 Electoral Reforms bills

February 21, 2020 Wanga Gwede - Nyasa Times 74 Comments

Legal experts have clarified that the contentious 50-plus-one provision of  electing a president by majority is already law in the Constitution  but Parliament on Thursday  could not pass the Constitutional Amendment Bill, which had pe appropriate provisions for the holding of the presidential run-off in the event that no single candidate secures the constitutional majority under Section 80(2) of the Constitution as interpreted by the court.

MCP’s Lobin Lowe (Centre)interim leader of opposition and Minister of Foreign Affaors Francis Kusaila (L), MP Sam Kawale: House to discuss way forward

The Bill, which was moved by Chitipa West Parliamentarian, Kezzie Msukwa, who is also  chairperson for the parliamentary Legal Affairs Committee, sought to provide guidelines in the event that no candidate obtains a clear majority and there is a runoff.

So the percentage of votes to win the fresh elections is still 50-plus-one because the Constitution already requires this.

After the bill passed  through all the required stages, Speaker of Parliament, Catherine Gotani Hara called on the members to vote to pass the bill. After the vote by 183 MPs present, 109 legislators voted ‘Yes’ for the bill, 72 mostly from the Democratic Progressive Party (DPP) voted against it, one abstained while 11 members were absent.

However, according to Speaker Hara, the votes in support of the bill failed to reach a two-thirds majority threshold required for Parliament to effect  a constitutional ammendment.

“Since we did not reach two thirds of membership, the Bill has been defeated,” said Speaker Gotani Hara.

Msukwa then moved another motion to ask the House to meet this Friday from 2pm to find the way forward on how to deal with the consequences of failure to pass the bill. The Speaker granted him his wish.

Dean of the faculty of law at the University of Malawi’s Chancellor College, Sunduzwayo Madise,  clarified that 50-plus-one was already declared law by interpretation of the Constitutional Court and parliament just needed to adopt the law and lay down the process of a run off  in case no presidential candidate amasses such votes.

Another lawyer Bright Theu said the polarising First-Past-the Post (FPTP) will not be used on declaring the winner in presidential elections, saying the Constitution Court interperation made 50-plus-one  “the law at the moment and determination of results will be based on it unless and until the Supreme Court [of Appeal] interprets the law differently.”

Minister of Justice, Bright Msaka Msaka said the motion for the amendment of the Constitution, especially Section 77 cannot be effected only by Parliament, but through a referendum, which he said was an anomaly in the Msukwa’s private members motion.

However, Msukwa, who moved the bill was quick to clarify that the rejection of the bill does not signify that the 50% plus 1 voting system has been shot down.

“This act was only looking to assign dates for a re-run because the 50% plus 1 is a law that was already there. That’s why I have moved the house to sit on Friday to deliberate the consequences of this rejected bill,” Msukwa said.

Msukwa further said that since all the other electoral reform bills hinged on the constitutional amendment bill, parliament will clear up the situation to ensure that the laws are clear and alligned.

Among others, the rejected bill sought to ammend Section 80 of the constitution and provide for the following provisions;
i) that a run-off be conducted 30 days after announcement of initial elections results.
ii) that the run-off be contested by the top two candidates in the initial election.

The bill also sought to determine the dates for the fresh and the next general election, in addition to extending the tenure of office for the current cohort of members of parliament and local government councilors up to May 2025.

Parliament, however, passed  the Parliamentary and Presidential Elections Act (PPEA) and the Electoral Commission Act.– Additional reporting by Morton Sibale, Mana and Wongani Chiuta, Nyasa Times

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74 replies on “50+1 is already law: Parliament defeats Constitution amendment, approves 2 Electoral Reforms bills”

  2. If the law was there before why court ask the parliament to amend it.
    Why the amendment requires third majority? In parliament. Opposition please and court please accept the will of the parliament, Judges are not above the parliament.

    1. Mmalo moti zimenezo bwenzi mukukatoneni mu parliament ….Basi Kuthawamo muli busy ndi Ife pano pa Nyasatimes ….Ndipo mubwenze ma Allowance a lero Paja Zimatolowa zokha ku Bank…

  3. Whether 50+1 or not we will vote for a leader with good vision of the nation as long as he/she puts Malawi first and not devides the nation and voted by many Malawians is welcome. We just need a better Malawi. 50+ 1 itself has nothing to help the nation.

  4. Kodi wakumpoto ku Livingstonia uja amanena zolakwika zambali imodzi yokha yokha sakumveka bwanji. Amene uja oppppusa bwanji

  6. There is not a single electoral competition in Malawi that supports a 50+1, whether in sports, arts, or religion. Its always FPTP. Majority simply means more, even if one wins with 2 votes. If the principle of fairness is to be used then ward councillors and MPs should also be subjected to the 50+1. These judges overstepped their mandate, gave a verdict on political lines as if these are last elections Malawi will ever hold. This 50+1 spunds romantic but it is a precursor of more trouble in the future, especially for the Northern region.

  7. Every well meaning northerner knows this 50+1 is effectively shutting the North out of power and development. The North has been in opposition since independence. The central region has been in opposition for only 27 years and the south for only 31 years…. Its the North which is constantly opposition and 50+1 makes that permanent signed into law and constition. The only time the whole was in opposition was during federation. Its not wrong to dream that a day will come when dpp and mcp bury the hatchet and decide to rule forever. then the North shall continue to be spread like margerine on their sandwiches for eternity. Wake up.

    We in the North need to unite and have one strong party in the North… A party that can get a good number of MPs, frustrate bills and demand more for the region. Azathu kumwela they vote as a block same with the centre, why not do the same in the North in order to gain bargaining power?

    It’s only the wise north that changes parties every election. Azathu amavota expediently. Its time we learn from them. One Malawi one nation 3 strong parties, that’s what i want.

    1. We in the north, no matter what can’t have a strong party with mbuzi za wanthu like kamlepo, Billy kaunda and the others who don’t like their electorates shame on them for they’re after enriching themselves. We’re always power hungry and too much of showing off. We’ll never have a good party since the demise of Aford vikundipweteka chomeni vyachitika vya ma mp yakwithu ku mpoto

  10. ngati mukuti 50 plus 1 is already a law,bwanji simunaigwilitse ntchito mu zisankho za 2019?
    musanamizepo anthu apa,50+1 yapoila basi.kkkkk Kaya ma judge 5 aja akuva bwanji kumenekoooooooooooo

    1. Problem with malawians they do partisan politics not politics of service to the nation. Parliament didn’t shoot down the bill, dpp did as they always have been because they benefit from the current system. If you look at the votes the bill got is overwhelming only that it didn’t reach the required threshhold of 66 % as per law to pass it because of dpp MPs not parliament as a whole. So if we have to take it ddp-way of “first-past-the -post” then the bill should be passed because it got 109 votes against 72 votes who opposed it. So how can one foolhardly smile for a win when majority of MPs in parliament are supporting the bill only a few are against it? In democracy, the majority should rule, the majority of the electorate not the votes gathered so how can the 38% overide the 62%? The then supreme court interpretantion of majority was wrong because it used to be controled by the ruling party, the ones today have shown some sense of independent, therefore majority should be majority not otherwise.

    2. There is nothing to do with the judges BUT Malawians. The judges did what thr law rmpowers thrm to do. It wasn’t personal to them. Whether DPP, MCP, or UTM want it or not that is totally another story. Whoever refuses to pass it , it eill come to haunt him/hrr. Ask Honourable Patricia Kaliati. Nobody eill be in power forever.

    3. I thought the 5 judges also clearly stated that the 50+1 was already there in the laws but it was not used because it needed to interpolated well by the Parliament that’s why they asked the Parliament to pass the bill so that when approved then can start working. I don’t see anything wrong with the direction given by the judges if others as say yes /no then they might have the good or bad reasons behind it . Who makes laws in this case the Parliament or judges. If it was voted+ tippex all dpp mp’s would have voted yes .

  11. How can it be law? Judges don’t make law, parliament does. We need a to curtail this coup by the judiciary.

      1. Counter the arguments and do not resort to insults. I am sure that I am more educated than you and richer too. In a parliamentary democracy, the courts do not make laws.

      1. Wopusa ndinu all along u have been waiting for Judgement from these judges.Osati professor wanuyo,womapanga promise amalawi Kut adzawamangira Europe kumalawi.chikhalirenu amakhala Ku USA, agreat country, Koma our professor sikunamupindulire.Apart kudzawabera amalawi ma 145million kwacha.

  13. To opposition analysts – if 50+1 was already law, there was no need to bring it to parliament to create a law. Accept that ConCourt judges were wrong because they attempted to influence a political process. Their judgement was (IS) plain wrong.

  14. Mwagwa nayotu ma judges. Shame on Madise, Kamanga, Kapindu, Potani and Tembo. What this means is that you overreached in your judgement. You stretched your hands where you did not have jurisdiction. You can’t

  15. The opposition and its analysts need to accept that 50+1 has been shot down. If 50+1 was law, why then was Parliament supposed to make a law?

  16. If you say 50+1 is already law by interpretation of the judges, who makes laws? The MPs have rejected the bill and it is still law? Strange!

    1. akungofuna kulimbitsa mtima mbuli zi mzawo.ndipo ngat 50+1 ili kale lamulo ku parliament amaikambilanji?
      nanga bwanji sanaigwilitse ntchito zisankho za 2019?
      akufuna kumazilimbitsa mtima zinthu zavuta kaleee

  19. ConCourt Kangaroo court has been shamed. Why is it that some of our commentators have not criticised the court for giving judgement on an issue that it was not asked to determine. THe petitioners did not ask COnCOurt to interpret majority – did they?

  20. Anyone who says 50+1 is already law should be ashamed. The amendment has NOT been made and therefore, there is no provision for 50+1. ConCourt judges overstretched themselves in their judgement now they can see the consequences of doing so. They have been humiliated. It is sad that even our academicans are not inteeligent enough to be honest. The court cannot provide a political solution. Parliament is sovereign.

  21. 50+1 is still there whether one likes it or not. It’s time we had leaders chosen by the majority and not the 30%. No more back door.

    1. Alembe chichewa… chizungu hikuvuta kumvatu apa, it is not shot down please…. the interpretation remains that 50+1% ilipobe, what was hot down was the RUN OFF,,,, ndati chaniiiii?

      2. Mwagwa nayo baba. Have the judges inserted 50+1 run-off in the constitution? NO they haven’t – despite kuzipopa – they actually do not have the power to make laws. So, we are now back to First Past the Post.

  23. Northern region MP’s why moving this kind of bill which you know very well means politicians like Khumbo Kachali will never be president for how can they manage 50% of the votes. Atleast northern politicians can win first past the post but this 50+1 nonsense is the mother of all anti-north practices in Malawi. Kezzie msukwa shooting the north trying to please central region to regain power. This reminds me of Khwauli Msiskwa from Karonga who moved the third term bill under Muluzi. Why is the North fragmented? Who divides us?

    1. Zenizeni ukunenazo. The effect of 50+1 is that Malawi will become a two party state just like USA, UK, etc and obviously the parties will be MCP & DPP. Considering that the nature of human beings is like there is always tension between neighbours the north should trust the south more.

    3. I totally agree. Foolish people and parties think 50+1 serves their interests. It does not. Minority parties will NEVER rule this country with 50+1. and Small parties will become extinct. But it is about ConCourt judges trying to help Chilima (and MCP) come to power bu any means.

    4. It’s you who is Worried kuti your Nespostic party can not Survive 50 +1….The North is always Objective….When it comes to Voting ….Look at the Way they supported Bingu….And recently other Candidates from Other Regions …You Thrive on Tribalistic / Regionalistic politics ….Mkumati ndi Democracy ….Time Up….

      1. Are you implying the north can’t produce a national party and president? And that you need bigger parties to get to power? How different is that with the current situation.

        1. Mama, the last national party was mcp 1 and they achieved it by force. Since 1993 all are regional parties IMO. Mcp 2 and dpp are regional parties with Utm just a pressure group in between which can blow any direction. United front for multiparty democracy (ufmd) was supposed to take over as national party in 1993 with Bingu as president but bakili ruined the whole plan by forming udf sidelining those who fought from outside Malawi. By time Bingu became in 2004 muluzi and mcp had perfected regionalism such bingu’s dpp simply followed.

    5. These other MPs from the North are more than rubbish, vindere chomene. I hate DPP yes, but I have never been a friend of MCP either. I can have a little favour towards DPP than MCP. MCP is the architect of Tribalism in Malawi. Zoona akuthamangisa aziphuzinsi akumpoto azikaphuzitsa kwao??? I can’t forget that, that was Tribalism at its best. Nde Lero munthu wa MCP akuti ndimuvotere,, Oh oh God forbid.

    6. It’s not that the North Malawi citizens wants to be president no.What they want is a leader who can develop Malawi as one country.They want a leader who can end poverty in Malawi.The leader who can end poverty in Thyolo.Dont waste time thinking Northerners they want to be President.They want a leader who has a vision of prosperity.A leader who benefited alot from education. Not Peter Munthalika.They want a leader who will treat all Malawians equally.A leader who will make sure that 193 constituencies develops. A leader who can develop all 28 districts.A leader who do not steal from account number one, like that money K145 million . A leader who knows that in Lomwe built there are elders(60yrs
      and above )who are suffering.A leader who can not threatening others when differs on something.Northerners are clever, they can differentiate between good things and bad things.Zomwe some they don’t see any.

  24. If Such people were in Power in 1993/94 …I don’t kuti Multiparty inakabwera muno ….Anthu Oyipa…..While Everyone is Trying to have a United Malawi….Their Focus is to cling to Power at Whatever Cost….However Change will always meet resistance….

    1. Malume,panopa ikanakhala kuti ikulamulila ndi MCP do u think ikanavomela za 50+1?
      opposition ikufuna 50+1 kutengera zofuna zawo osamatinamiza kuti akuimila zofuna za amalawi.
      iwo akuona kuti opanda 50+1 sangawine

  25. Fuck the ConCourt! the 50+1 was not petitioned and the kangaroo court volunteered to re-interpret what the supreme court had already done previously. The judiciary has found itself in a quagmire here, its recommendations cannot be implemented. Two slightly different versions of the 50+1 have now been rejected by parliament, first in 2018 now this championed by disgraceful ConCourt.

    Until we have run off mechanisms by default we are back to first past the post method.

    2. eeeee my friend,dont show ur ignorance here aaaa,the interpretation here is that,the first 2 will then compete until they attain the talked 50+1 vote. in this scenario,apm nd chakwera were suppose to face each other again. muzifunsa kaye zinthu ngati simukuzimvetsa plz

  26. musasokoneze anthu pofuna kukokera mbali yanu.apa nkhani ndiyokuti ma MP akana kupanga za 50 plus 1 basi.
    osati mukometsereso ndza bodza apa

    1. akulu mmene zatelomotu,sikuti muwone ngati otsogolayo azalowa automatically as we used to,koma ndekuti awiri wotsogolawo azapikisana kufikla atapeza 50+1 votes. chimenecho muchidziwe ndithu

    2. Ma MP a DPP , back in the 1990s 33 percent …..Did not Want Change …..But in the End the Will of the Majority prevailed ….Change is Coming ….

      1. malawi has reached pa misewu 4. tilowera kuti pamene ma MP akana 50+1 ija. a Mtambo simmati Malawi iri ku mpoto ndi pakati mukamachita nkhondo ya nademo. lero ma MP omwe si a Malawi akanatu zofuna zanu. Muziyanhkula bwino kuti mawa muza
        funa anthu akuthandizireni mavuto anu.

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