Malawi women lawyers body recommend changes in electoral laws
Women Lawyers Association of Malawi (WLA) has recommended changes in some laws governing elections and election petitions in the country to avoid the problems the country faced following this year’s tripartite elections.
WLA Coordinator for Research and Advocacy, Dr. Bernadette Malunga made the call in the constitutional court as she presented the oral submissions for the association. Women Lawyers Association joined the ongoing May 2019 Presidential elections case as second amicus curiae (friends of the court).
Malunga in particular suggested clarifications in the laws guiding issues of burden of proof in elections matters and also suggested amendments to the law guiding the swearing in ceremony of the president-elect.
She said that there is a need to allow for some period between announcement of results and the swearing in ceremony, in order to allow for adequate address of concerns emanating from an election.
Asked to clarify on the recommendations on the side-lines of the hearing, Malunga said though parliament is the body that is mandated by the constitution to make laws in the country, the court and other stakeholders have the responsibility to suggest amendment to parliament when they see a need.
“The duty to make laws in this country lies with the Parliament. However, looking at other jurisdictions, we are imploring the court to notice some of the gaps that we pointed out so that parliament can take it up,” Malunga said.
She further said that the courts have in the past recommended parliament to make some electoral reforms where they noticed gaps in the electoral laws.
Similar calls have also been made by other stakeholders before. In October this year, the Malawi law Society released a statement where they also recommended some changes to laws governing elections in Malawi, as a way to ensure that the country avoids some of the challenges that were faced during this year’s election.
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Malawian voters and parties are divided into regionalism and tribalism a weakness which politicians take advantage of. The voting pattern of Malawians is a testimony to that. If a presidential candidate comes from a less populated province has a zero chance of becoming the president of Malawi. That is the reason the Southern region will always be dominant and will never want a 51% wining to be the requirement to become the president of Malawi. Since it is the politicians that have divided Malawians according to their regions and tribes; they must accept that what they have started will divide Malawi further leading to civil war. African leaders’ mentality is that “My region and my tribe has won” therefore other regions and their tribes have been defeated. This was shown by Peter Hitler Mutharika when Jane Asnah declared him a “winner”, and Peter went ahead to mock other political parties and their tribes. This kind of behaviour does not unite a country but divide it further to the point where we will see ourselves splitting into three countries. To avoid the splitting of Malawi FEDERALISM is needed because one province cannot dominate the other three provinces. Malawi has three provinces, Southern Province, Central Province, and Northern Province (Nyikaland Province). Each Province must be allocated points according to its population. The Southern region will have more points followed by the Central region and the Northern region with less points. The Southern Region will have 35 points, Central Region 30 points, and Northern Region 25%. In order for a political party to win the presidency it must have more than 50 points. The presidency of Malawi must be rotated among our three provinces. In this way no tribe or region is dominant to others. This political system will change Malawian voters from the mentality of voting along the regional or tribal lines because all of us will need each other. The person that will be a President regardless of their political party affiliation will be someone who will resonate with all Malawians. Politicians such as Peter Hitler Mutharika, Chakwera, and Chilima are thinking only about themselves and their tribe. This is completely wrong. Why MCP if it has changed its OLD ways today can’t be the champion of change by advocating FEDERALISM? The MCP on the issue of FEDERALISM has stayed lip tight and why? The MCP must atone and fight for the better future of Malawi, but it is failing to do so. Therefore if they come to power they will also practice politics of regionalism and tribalism. It is up to Malawian people to go in the street and demand FEDERALISM because the political system that we have is CLEAR PRESENT DANGER.” You can’t continue pushing others forever and thinking one day they wouldn’t punch back. Once they punch back then that is the beginning of the civil war. Each province will also have governors and this governorship must be rotated among the indigenous tribes of that province. They must have their own parliament just like in South Africa. All nine provinces in South Africa have parliament, legislators, and premiers. The federal government is to pass laws that attract businesses to invest in Malawi. It is also the Federal government’s duty to protect Malawi against invaders. The provincial governments their job is to develop their provinces to make sure infrastructures, schools, hospitals, etc are built. The Unitary system that Malawi practice everything is decided by the President and his political party. Those who did not vote for him get punished in different ways. First priority is his tribe and region. We have seen what the DPP is doing. Most of their ministers and higher positions goes to Lomwe belt and Southern region people. Now, why the leaders of other political parties cannot see the danger of our political system. Our political system is more divisive and clear present danger. FORWARD WITH FEDERALISM AND DOWN WITH UNITARY SYSTEM. ALLUTA CONTINUAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
I am not who can listen to me. The issue to change is by moving to 50%+1. We still use the “First-past-the-post” (FPTP) electoral system. We can cry all we want but it won’t change a thing. DPP will always win with the FPTP system. A MCP and UTM ngati mukumva, this is the solution for Malawi. Tizivota kawiri basi. Koma poti nnu mukuona ngati muzawinira ypmweyi, Kaya zanu izo.
Corruption is taking place everywhere in this country that’s why all this rubbish happening. Because people that are sitting in the top offices, these are people that are causes all this shit some of them are old enough to retire but they are still hanging in those offices because they making lots Money in this offices through corruption this is the place where they found as market place to make money for themselves and their family’s . I hope if we can deal with this people and sack them and bring young people in those offices l think this country can change within 3years. You can seen what is happening in the ConCourt the judges are trying to run away from the truth because Peter Mutharika have paid them a lot of money what is that ? Corruption. Same that old Animal we call Peter Mutharika he paid MEC to pour favour on him what was that ? Corruption. Let’s sack these old people in these offices including this old fool we call Mutharika and bring young people in these top offences..
Kodi what do they do in parliament ku Malawi apart from kugawana ndalama za budget? A year will soon pass without any discussion on electoral laws. When 5 years finishes and another bullshit election is held, we will be back here complaining about the bad electoral laws
I’m so much worried coz my.comment has been deleted
Especially 50 + 1
This is very true Time is too short to announce the winner. There should be more time to verify the winner after swim in as the state president the rest is nothing to be heard
That’s why I don’t like her lectires at Chanvoll..Too naive…opanda nzeru
You are the one being blindly naive failing to understand a simple analysis pointed out by your lecturer (PhD). In fact, you are a ghost student sent by a ghost chicken
Lecture/ lecturer and not lectires which school did u go???
Learn to like this lecturer u don’t like may be u can learn from him 2 or more things more especially spelling and grammar.
For example we vote in may, swearing in ceremony in June and president elect starts work July 1st, 50+1 and not simple majority, deregistering parties that do not manage say 10% seats after a general election.