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.

Malunga: We are imploring the court to notice some of the gaps that we pointed out so that parliament can take it up

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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Nyikaland Soldier until we are free from slavery

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… Read more »

Madala
Madala
11 months ago

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.

Peter T
Peter T
11 months ago

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… Read more »

APM akundiyamwa shaft 🍆👅

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

Nabanda
11 months ago

I’m so much worried coz my.comment has been deleted

Hassan abbubar kar
11 months ago

Especially 50 + 1

Baboon
Baboon
11 months ago

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

Charles
Charles
11 months ago

That’s why I don’t like her lectires at Chanvoll..Too naive…opanda nzeru

Mulopwana
11 months ago
Reply to  Charles

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

Hate it or take it but it's a fact
Reply to  Charles

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.

Kharupa
Kharupa
11 months ago

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.

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