Malawi Parliament starts work on ConCourt order over 50+1 electoral rule

Parliament says it is to start wiring immediately on a Constitutional Court order to put in place relevant laws for electoral reforms on 50+1 rule.


MCP president Lazarus Chakwera whose party has majority opposition seats in the House

Judge Healey Potani on Monday gave the 193-strong House 21 days to meet and pass the 50+1 rule.

The court pointed out that country’s current electoral system for presidential elections, the plurality-based First Past the Post (FPTP) system needs reforms  and recommend reforming the Presidential and Parliamentary Elections Act (PPEA) that in it’s current state it doesn’t provide means of handling cases where none of the candidates has a majority vote.

Officials from Parliament says they will start working on the legislation, saying the 21 day ultimatum expires when parliament will be in session for the midterm budget.

Since the introduction of multiparty politics in Malawi, the FPTP electoral system has been used for the selection of the country’s president.

Under these rules, the candidate on the ballot who gets the most votes is duly elected.

On two another occasions, in 2004 and 2014, the president-elect gathered only about 36 percent of the votes. That is, in the latter elections, altogether 64 percent of the voters selected other candidates and their votes were thus “wasted” (i.e. valid votes that ultimately do count towards the election of a candidate).

Furthermore, the candidates coming in second have received more than 25 percent of voting support in all five elections organised since 1994 and in three of the elections; even the candidate coming in third has gathered support, above 18 percent.

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Unknown
7 months ago

MW constitution: 80 (2) “The President shall be elected by a MAJORITY of the electorate through direct universal and equal suffrage.” Majority means more than half. All these parties knew about this yet they played Malawians. Unless we say that UDF,DDP.PP did not know about this even the Courts that now we all wake up to 50%+1? If elections were fair and either party won, MW would have moved on as before. All these politicians robbed us what should have been practiced from 1994. They are all guilty. All they did is to leave loop holes so that in the… Read more »

Medson
Medson
7 months ago

What if dpp buys all independent mps vote against 50 +1 bill
Will con court summons the parliament? Court has just given their thoughts but in parliament will be different a story to pass the bill.

gogomala
gogomala
7 months ago

KODI IF MPS FAILS TO PASS THE BILL AS ISTRUCTED. WHAT WILL HAPPEN

Mapopa
Mapopa
7 months ago

I think its not fair to force a law (50+1), because you hate somebody ( in this case, Peter Mutharika), and you just want him out, the same law will come back and haunt you. But if it’s done on merit, which i doubt, its ok. In my view, i believe that 50+1 can not solve problems we have here. The only thing that can help to solve our problem is to change our mind set in as far as voting pattern is done. We should vote based on good manifestos, not on where one is coming from, ( i… Read more »

vavlov
vavlov
7 months ago
Reply to  Mapopa

50% +1 essential for ensuring the elected president is accepted by the absolute majority of Malawians, not just people from his/her region. The current system has bred nepotism and skewed development.

Lacted Kachala
7 months ago

In Malawi we have the big problem, problem of not identifying real problem. Our problem is not 50+1… we shud stop putting stupid people in power. Anyway am happy with what has just happened because it has shown that Malawi yayamba kusukusula

SMM II
SMM II
7 months ago

Apa nde palimbatu. APM can never get 50+1

APM wanya
APM wanya
7 months ago

50+1 is 2 decades overdue. It had to take the ConCourt to force those idiots in parliament to act

Nabetha
Nabetha
7 months ago

Don’t also forget the age limit for presidential contestants, it should be 70. And this should be implemented before the forthcoming election. Swearing in of the president should take place 30days after an announcement of the results. Parliament should be the appointing authority of the electoral commissioners. Members of parliament should also have a term limit of 10 years serving in that portfolio. We should adopt a South African system where a party is voted instead of an individual.

Mitengo
Mitengo
7 months ago
Reply to  Nabetha

Who would agree to copy South African system here in Malawi? Don’t you know that all criminals are allowed in corridors of power through that system in South Africa?

Mtondoli Jonazi
Mtondoli Jonazi
7 months ago
Reply to  Nabetha

@Nabetha…I beg to differ slightly… I am Malawian staying in South Africa. Voting for a party is not really working in South Africa – at least on paper and face value. But when it comes to things that really matter i.e. service delivery and accountability – there are currently a lot of loop-holes that get exploited. As a result a lot of people this side are now advocating for a system whereby they are able to vote for a person of their choice, not a party. This has also garnered support of the current Chief Justice of South Africa, Mogoeng… Read more »

Mbite
Mbite
7 months ago
Reply to  Nabetha

Akulu nthawi yake ilikuti yokambirana ma bill onsewo before chisankho?

Malawi belong to the citizens.

Thanks to the constitution judges for the greatest judgement of out time in Malawi. Democratic country should have democratic electoral system. To the members of parliament remember also to put an alternative especially when none of the presidential candidates has amassed 50+1%, what should be happening in such scinerio. This can repeat itself in future.Solve it know as u are putting in place the 50+1% centage.

3February
3February
7 months ago

For real democracy we need to see this happening. If indeed our MPs have the heart to serve , they will pass the bill easily.

Real contest osati zolowa mopapatiza.

I can see someone going into plot no one easily if this 50+1 bill is voted into law.

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