Bill for MPs to decide 50+1 or First-Past-The-Post in electing Malawi leader
Malawi government is set to table electoral bills for Parliament to decide whether to use 50+1 percent system of electing the country’s President of what has always been used First-Past-The-Post system.
According to Constitution Amendment Bill Number 2 of 2020 seen by Nyasa Times as published in the Malawi Gzaette Supplement of June 8 2020, government will proposes to the House two alternative systems for determining the winner in presidential elections, namely; First-Past-The-Post system and the majority (50+1) system to consolidate acceptability and legitimacy of the elected head of State.
“The Bill gives Members of Parliament the liberty to determine whether they want Malawi to maintain the previously used First-Past-The-Post system or change to the 50+1 as determined by the Court.”
The Order Paper [ the official agenda for Parliamentfor each day] shows the Electoral Bills – Constitutional Amendement – will be tabled on Wednesday afternoon.
If the House adopts 50+1 system where the President shall be elected by a majority of more than 50 percent of the valid votes cast through direct, universal and equal suffrage, there is a proposed amendment for rerun where such majority is not obtained by any candidate in the first poll.
A second poll shall be held within 30 days after declaration of the results in which the candidates who obtained the highest and second highest number of valid votes cast in the first poll shall be the only candidates.”
In the electoral bills, government also proposes that President-elect and First Vice President –elect should be sworn into office after expiry if 15 days from declaration of elections results but before the expiry if 30 days.
The bills will be tabled in the House on Wednesday after parliament on Tuesday endorsed June 23 as the date for the presidential election re-run, a week earlier than initially ordered by the courts, which annulled President Peter Mutharika’s narrow election victory last year due to irregularities.
Alliance for Democracy (Aford) only Member of Parliament, Yeremiah Chihana, who moved the motion for the fresh elections to be held on June 23, said the court ruling “clearly states that parliament must set a date for the elections”.
But Leader of the House Kondwani Nankhumwa said the private member’s motion was irregular and an act of ambush by the opposition tabling it when it was not on Order Paper and on the day of government business.
The announcement of the new date was received by wild celebrations from the opposition benches singing “Tivotanso!”
President Peter Mutharika will square off against the main opposition leader Lazarus Chakwera who challenged his victory, in last year’s elections which court nullified citing “widespread, systematic and grave” irregularities.
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Mutharika and Parliament are at present acting as a caretaker government. The courts joined them at the hip to facilitate the outcome of the election case. The failure to carry out the courts rulings, is tantamount to abdication by resistance. Mutharika legally is not the president of Malawi because his 1st 5 year term ended already. He is now serving at the behest of the courts. The courts ruled that he and parliament carry out the rulings for all Malawians without prejudice. The only law for him to follow at this point is the courts ruling. Whoever fails to follow the courts rulings, which were in response to his failed challenge of the election case, is in contempt of the courts or should be removed from the caretaker government. He is blocking the courts and therefore not fit to participate in the caretaker government. The courts ought to pick a new law abiding participants who can carryvout the courts rulings. The courts need to act now or miss the opportunity bring the parliament and the president in compliance.
God bless my motherland Malawi.
Keep it the land of peace.
Bless our leaders each and everyone.
That we should be free from fear of unknown. This political fear we are creating to disturbilize our sick economy.
It’s my prayer that we should not be victims of democratic principles.
We are to enjoy it’s fruits and unleash 80% rural masses in dire poverty.
Politics and no politics, people are suffering out there in all aspects and our politician are busy pocketing sitiing allowances for the whole 3 week.
It a shame the country lacks a tangible development agenda.
We are here arguing instead of taking action to develop ourselves.
Chuma tasiira anthu ongobwera monga ma Chinese, Lebanese, Burundi, Amwenye, ndi azungu.
Answers opanda chirichonse koma amalemera tikuona chifukwa we concentrate on petty or trivial issues.
If dziko ndilathu ndalamanso zayenera kukhala zathu, no compromise.
Tiyeni tipange zoti every foreign investor apange partnership ndi a Malawi omwe angatsale nacho chuma m’Malawi momuno.
Crop ya mapolitian onse tirinayoyi ndi ongofuna kutidyera masuku pa mutu.
Vote for Mbakuwaku, new blood for transformation in Malawi. Osati recycled, selfish, yes bwana, and power hungery politicians like Abusa and Adadi ndi zitsilu zowatsatira.
This is tantamount to disregarding the ConCourt and Malawi Supreme Court of Appeal rulings which maintained that majority means 50+1. It’s very difficult to understand why APM fears 50+1 when he has been bragging all along that he is going to win by landslide victory.
I think this government is wasting time for Malawians.Mwatembereredwadi.Kutha kwanu .Why tabling bill. 50 plus one is already in the constitution.It is clear majority votes.What do you want now.The supreme court ruled and ordered parliament to set date full stop.Now we are going to vote on 23rd June 2020.We do not need a bill of Fresh elections.The supreme court was clear that by elections or fresh elections will occur under sections 54,114 and 100.We can not be changing our constitution to set date for fresh elections or a by election for an MP each time such incident occurs.A Malawi mwatani ku bomako.lathatu boma popanda chanzeru.ukhuluku nthawi yake siino.Madolotu tachuluka simukwanitsa.Dziko ndi latonse sioanu nokha kubomako.
The constitution is clear that 21 May is in our constitution that after five years we will have elections which means that the next elections is on 21 May 2024.This is none term according to supreme court ruling.No extension.This means if Chakwera wins his first term is 2024 to 2029 second term if he wishes is 2029 to 2034.
After all the supreme court is clear in its directives that the parliament should set date period.
But now, at any time, whether after elections parliament will be at liberty to ammend presidential and parliamentary elections act on procedures if they want on whether only first and second should compete or all the candidates in the elections.
But for how long it should take obviously the PPE states it is 60days for byelections of mp and fresh election.Judge Twea is wise he made us to understand in his ruling that the president is also a member of parliament this is what many of us do not know parliament includes presidentm speaker and members.That is why all materials of elections are depited with c
Lerk of parliament.president opens parliament dissolves it.Therefore a by election of an mp is also applicable to president as fresh elections.
Finally all the laws are already there what was needed is the date that the parliament should have a resolution according to the court order supreme court in this matter.Elections are on the date has been set by both MEC and Parliament has approved.No need of bills.Asowa choti anyade ndi kuipa mtima k9ti sindisaina.Adasayina kale Kamuzu mabill azisankho.God Bless tonse alliance and DR Lazurus MacCarthy Chakwera Malawis sixth President according to Senior Prophet LIABUNYAS NATIONAL SHOCKING PTOPHECY SEPTEMBER 2014.GOOGLE IT IF YOU DONOT BELIEVE.THE TIME IS NOW.AMEN
The courts have said parliament enacted the 50+1 law. In otherwords, the old system of electing presidents was wrong. Therefore, in keeping with the courts rulings on this issue, parliament should just add the wording of the courts to the right section of the election law.
The courts words interpreting the law is the guide to follow. Don’t complicate issues.
Let them vote for the date. There is no dictation in parliament. If it did not appear on the order paper, yesterday’s setting of the date was illegal and disputable. MCP we!
NO WAYS……..LET IT BE THE WAY THE CONSTITUTION IS…….MAJORITY MEANS 50%+1….Just consolidate it….do not tamper with it …PLEASEEEEE
It is very unfortunate that clueless APM wants the Constitution changed to suit his interest. The guy is very sick and at 82 he won’t live long!
The court already interpreted the meaning of majority in the Constitution and anything to the contrary is illegal and baseless.
Parliament yesterday passed a resolution that FPE should be conducted on 23June
Amendments to the Constitution should be done after the FPE on 23June
The current Constitution has so many loopholes and we can’t afford this piecemeal approach to amend it.
APM should go BUT Malawi as a country will continue to exit without him.
This will not happen as it was already interpreted by the courts. The Tuesday debacle has further put this to rest
Parliament can pass a bill that will quash the court decision. Courts dont make laws. They interpret laws.
Khaya tivota khaya sitivota dzanja likalemba khoma lalemba basi palibe chimasintha.
DPP knows better that they cant amass 50%+1 because of their regionalism/tribalism campaign…..Center, North and part of Southern region is no longer keeping their vote. Its only some in Mulanje,Thyolo, phalombe and Machinga….Mangochi is for us all, Zomba as well………….END of DPP
If 50+1 not pass lets call for referendum, we’re sick and tired of these corrupt people. Clearly these dpp thugs are hiding something or scared of something.
DPP should not waste time of Malawians with a debate on 50+1. The Court already interpreted that and that is the new Malawi. Just enact legal provisions for a run off. Period
Why should we revert to the First Past the Post when the Courts already determined that majority means 50 +1? Kodi DPP vuto lako ndi chani?
Courts can only interpret laws. Parliament is supreme because it makes laws.
I can foresee first-the post back not 50+1as it lead to the end of Minor political parties
It seems you don’t know the meaning of 50% +1
He or she is right. Small parties with be consumed by bigger parties
Dpp wants to amend the constitution to remove the word majority so that they use the numerical advantage in the south to continue with their sinister motives. The 50%+1 unites Malawi and lately we saw Mulli leaving his base to campaign in the northern region. That is what Malawians want. If you want to change this please let us use a referendum not just a few selfish MPs deciding for all Malawians.
The law is intact and clear on majority , no need to table the 50+1% bill now but just amend it so that if none achieve the 50+1% then re-run should take place within 30days.
Why DPP is so scared with 50+1%? This is indeed just a proof that u have been abusing other tribes and regions left and right , now u know that with 50+1% it’s time to pay back by these tribes and regions.
We told u earlier on avoid nepotism , tribalism , corruption and self centred leadership to avoid this stampede which is about to happen on 23rd June 2020.
Even if u still use the First Past the Post Election system still Chakwera is going to carry the day coz Malawians have United .
What Nankhumwa and fellows are doing will just end in vain, plz advise the old man to prepare for his exit coz Malawians are about to evict him from Sanjika Palace .
This is 2020 and not 1994. Wake up leader of illegitimate gov.!!!
Yes, was irregular and the question is, what is wrong prioritising this for MEC to continue with preparations.
Does first past the post benefit anybody? Why does DPP want a minority government? Greedy people. The court clearly interpreted what the word majority means in our constitution and you think they were stupid
Surely the government side has lost its marbles! The highest courts already interpreted majority 50 +1 meaning, now you want us to go back to square one? All for the sake of keeping an old man of almost 90 years old at state house without the support of the majority of the electorate?
Kuwaputa dala a Malawitu kumeneku.
Indeed it looks very clear that DPP is really scared of 50+1 majority rule, but change has finally come and there’s is no turning back, time for tribal cartels is wrong gone starting on 23rdJune