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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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 end when elections did not follow what was in the constitution, they started this FPTP.
Even the Speaker said the recommendation already existed. Only that courts are helping to understand better. So did the courts messed up all along…Gwanda case 1999… I rest my case.
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.
KODI IF MPS FAILS TO PASS THE BILL AS ISTRUCTED. WHAT WILL HAPPEN
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 mean region or Tribe). Kaya munthu ndi msena, mngoni, mtumbuka, mchewa, mtonga , mu yao etc etc koma ngati ali ndi fundo zabwino lets vote for him regardless of him coming from a minority Tribe. For example, Mtumbuka olo atakhala wanzeru motani, Mchewa sayelekeza nkomwe kumuvotera, amvekere ” ah mtundu umenewo, ndi anthu ozikonda kwabasi, amenewa angofunika kuwayuza basi, kenako kuwataya” not knowing we are missing an opportunity to have a good leader.
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.
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
Apa nde palimbatu. APM can never get 50+1
50+1 is 2 decades overdue. It had to take the ConCourt to force those idiots in parliament to act
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.
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?
@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 Mogoeng – a man much revered and respected by almost everyone here in South Africa.
One of the issues with the current system, leaders are forced upon people by their respective parties. Party ‘delegates’ sit in a room and decide who becomes MP, councilor etc with no input from people to be represented on the ground. As such there is no way people have a say, or even able to remove the person if they are under-performing (which is always the case). Result – people resort to demonstrations which always end badly (not unlike what happened back home there). People think violent demonstrations are the only way the government can take them seriously since the system seems to let them down.
It is again, for the same (party voting) reason that most State Owned Enterprises (so-called parastatals kumudziko) are struggling here in SAA – people are chosen into positions for the same reason as leaders – on party lines. Basically to appease them for supporting the party, campaigning etc, regardless of whether someone is qualified or not. ESKOM, SAA, DENEL, TRANSET (almost all major parastatals have been run down by party cadres). It’s a sorry sight..
We do know that certain positions even there at home are given on basis of appeasement, but with voting for a party I think such things will only get worse.
This constitutional court judgement has set a good precedence, and has shown that our justice system works and is not biased. Let us build on that and make reforms to the laws that impede on our freedoms as citizens including the 50 + 1, limiting the age and terms of public office etc. We, as citizens, should not be held to ramsom by politicians because our laws allow that. We should be able to have a say, through the ballot, or other to show our (dis)content. And one way is to be able to chuck an MP out of office if they are just sitting ‘phwiiii’ on their (parliamentary) seat (literally)
Just a thought.
Akulu nthawi yake ilikuti yokambirana ma bill onsewo before chisankho?
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.
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.
We need to start fresh with fresh ideas 50+1 we need fair and credible elections………….bravo concourt you have done a great job.!!!!!!
At a company or a small office the predecessor and successor hands over the office, but the high office of the land fails to do so. We really need some days for these people to meet and talk and hand over the office. Politics aside, government is a public office. Let’s be civilized. Amangwetu tinatani kodi. Congratulation to our democracy.