Mist over June 23 polling date as Malawi opposition reject constitutional amendment on electoral reform
Parliament’s rejection of an electoral reform bill – Constitutional Amendment – that would have facilitated the June 23 2020 voting and modalities for holding of a fresh presidential election will essentially make it not legally possible to hold the polls on the said date, Minister of Justice and Constitutional Affairs Bright Msaka has said.
Msaka on Wednesday tabled government bill number 11, 2020, Constitutional amendment of Section 80 of the Constitution to facilitate fresh election date on June 23 as per the court order.
But opposition vehemently rejected the Bill saying the House passed a motion to endorse June 23 as polling date through a private member’s motion on Tuesday.
Lilongwe City West MP George Zulu, standing on a Point of Order, said it was not right for the minister to bring the bills when the date was already decided.
However, the bill was rejected because the Bill failed to garner the required two thirds majority vote to pass any Constitutional Amendment.
For the 173 members which were present and voted; 88 members said yes to a motion to waive the 28-day notice to have the Minister of Justice to table the Constitutional Amendment bill (section 80), 81 said no while 20 were absent.
Immediately after the bill was rejected MPs from the government side started chanting that “the opposition has said NO to fresh elections.”
In an interview with Nyasa Times, Msaka said the bill wanted to amend Section 80 (1) on the Constitution to provide for fresh presidential elections.
As it reads now the said section stipulates that Presidential Election must be held alongside Parliamentary elections.
“The only authority that can permit presidential elections to be held at any other time is the Constitution itself,” said Msaka.
“No other authority can provide for elections to be held at a different time from Parliamentary elections,” he added.
Justice Minister said the Constitution needed to be amended to provide for the fresh elections- a situation that was never foreseen from annulled elections.
He said where the opposition want June 23, government Bill provided the same date June 23 in the amendment.
“It is puzzling that they did not support the Bill,” said Msaka.
He added: “The opposition is hell-bent on continuing with the situation of uncertainty.”
Msaka said an election of the President must be; Constitutional, credible, free and fair.
“If any of these is absent we will soon find ourselves in the same position where we are now. Challenged election,” he explained.
Technically, this means that there is no date in the Constitution for the fresh presidential election (and a run-off in case no candidate secures 50+1 majority of the votes) as per the February 3 2020 order of the five-judge panel of the High Court of Malawi sitting as the Constitutional Court that nullified the May 21 2019 presidential election over irregularities and upheld by the Supreme Court of Appeal.
The court asked Parliament to make appropriate provisions in the law to facilitate the holding of a fresh election and provision for a run-off in the event that no candidate secures the 50-plus-one majority.
The rejected Bill also propose that MPs decide between simple majority (first past the post) and the 50-percent-plus-one majority in determining the winner, a proposal which sharply contradicts the recent interpretation of majority by the Constitutional Court and Malawi Supreme Court of Appeal.
The court ordered a fresh election within 150 days which expires on July 3.
While winding up debate on the rejected bill, Msaka mocked the opposition saying they only win elections in court and not on the ballot.
Meanwhile, fresh election faces several legal and logistical challenges, including enabling laws and printing of ballot papers which is yet to be sanctioned.
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Msaka and your friends in DPP camp, do you have any iota of shame when telling lies? Who doesn’t know that your plans was to disregard the judgement of courts by removing the 51+1 issue? Koma ndiye mwagwa nawotu. I have been saying it and I will say it again here that God is not on your side. The writing is on the wall. It is only those who are pretending to be myopic who can not see the writing on the wall. I know that you would want God to be on your side, but unfortunately he is not and you can not bribe Him as you wanted to do with judges.
Akulu imeneyo ndi normal elections.osati byelection or fresh election.Ndikufunse kodi constitution ingathe bwanji kuika date ya byelection ya mp.ukutathauza kuti ma seat a ma mp 5 atakhala vacant pachaka mupanga mabill 5 osinthila madeti.Kuchepa Nzeru ndi kusaganiza mchifukwa dzuko silimatukuka ndi maganizidwe amene mulihawo.Tikuphuzitsani kuyamga kuganiza
Nkhani ndi yakuti this election is order by court.By election or fresh elections are already in presidential and parliamentary laws where parliament sets date.note president is also member of parliament.So we do not need a bill to let elections occur such as rerun or byelection or fresh election.Read the judgement is clear.The normal polling date still remains 21 may each year after five years.The supreme court ruled you do not extend term of an MP after vacancy of MP seat the same after the office of president is vacant .But the one elected to fill the vacancy finishes the reamaing period until next elections.This is called non term.Do you extend years after death of an mp in third year and if you have elected a new mp do you add another 3 years or so to make 5.No.A Malawi chenjerani zikuoneka kuti ngakhale ma Judge ena akulemba zosokoneza.Malawians salute Justice Twea,very intelligent very logic very analytical.He finished all this business.What is needed is to set date of elections fullstop all the provisions for byelections or fresh elections are already in the elections laws.They must take place after 60 days incase of vacancy in the office of president like in this case according to section 100 in presidential and parliament elections act.What mess are you doing in parliament,I salute judge Twea for your good analysis in the judgement.Speaker the judgement empowers you to set date only not to change laws or make bills or amend constitution.No need for electoral bills.Izo mudzachita kutsogolo not this time 50 plus one is already in our constitution.rerun or fresh elections or by elections have to take place in 60 days.Opposition mps do not entertain stupid minded people who think they are above everybody and adazolowera ukhuluku.Nthawi yawo yatha Mulungu walemga kuti Chakwera atengere amalawi ku Canani.Amen
Kikikikiiiiiiii, yanyamuka kale bambo. Kaagonani pompo pa depot, bye bye.
Mtolankhani wopusa iwe
We are voting on 23 June, everything else does not matter.
Kodi mbava zikuopa chani? Ngakhale boxing pamakhala rematch, osaopa ngati munawina zenizeni, kuopa nyekhwe?
This is very simple whoever will feel aggrieved about the FPE results will have the same rights to approach the same judiciary that has no doubt become more experienced in these matters now. Should it be DPP
s turn to be the next petitioners I fear for them because according to Peter professor of Mutharika, Parliament is above the Judiciary that has been bashed left and right by the professor of Mutharika! To make things worse after 3rd July his mandate as provisionalunelectedpresident expires! Eish total confusion in the professors camp.MR Msaka yu dnt need to discuss that bill in parliament y do yo want to infringe public interest rights? what you are doing is something evil to our nation let us vote this mentioned date to see way forward y do you want to change the date bcoz of the bill and you know mr president does not want fresh election y do misleading the constitution one day you’ll pay with this am telling you
There is no Mist at all!
Nkhani nja straight iyi it’s 23June
Mumuwauze adadi ayambe campaign 🤣🤣🤣🤣🤣🤣🤣🤣🤣
The constitution does not specify which exact day of the month an election can be held, the date has always been set be the electoral commission. The constitution only talks about time limits etc.
The upcoming election was unique because it was sanctioned by the courts so parliament had to set the date which we all now know is 23 June whether the electoral bills have passed or not, whether the government likes it or not the elections are happening on the 23, this date has been gazetted.
You are lying. The constitution specifies the day. It’s 3rf Tuesday of May every five years. Read it
If you had understood my comment you would have known that this is a unique election and we can not wait for May mbava.
It’s June 23 whether you like it or not,
And for those people like you who like to be used by the evil politicians to instigate violence during elections, please don’t dare this time …you have been warned
So their diabolical plan was to shoot down the courts orders in line with what their fake professor of law had convinced them that parliament is another highest court of appeal above the supreme court of appeal. Then this fake president would go ahead and refuse to assent to the bills, then there would be no elections so the looting of the treasury would continue unabated. This evil plot has failed miserably!
basically the bill by Msaka was a response to what APM asked parliament to do, reverse the court order. Fortunately, just like all Malawians today, parliamentarians also woke up
Can you trust the dpp government any more? This was a delaying tactic. If the bill had passed, it would have been sent to APM who was likely to refuse to sign it there by delaying the elections and him to cling to power. We are dealing with mafias here, Hard core criminals.
This bill clearly shows that the government side brought it as a trap. Why was there s clause that the MPs must discuss about the first past the post in other words simple majority as compared to what majority means by 50+1? This was a trap in either way BUT it doesn’t matter cos as long as Peter is not legit President after the 150 days then it is fine.
We are voting on June 23.
Ohhh so dpp tabled because its in their favor? The law is clear so why make changes which do not favor the majority?
It is a question of money. Who has money to buy the vote. ‘Corruption pays. Handsomely.’
It appears the opposition does not understand the situation we are in which was caused by themselves. We want an olderly election and not an election just because the Court has ruled . The opposition is now seeing the NYEKHWE
and where is the nyekhwe?
We don’t eat your stupid politics you idiots. Just make sure people go to vote on 23 June. We don’t need your dumb old man to stick to power because you playing your political games there in Parliament. Prioritize Malawi first not your big bellies and your Bububu. You have to understand people are angry out there. They are angry because you DPP people are playing hide and seek games to remain in power. You have to understand that 90% of Malawians want change. Even if you decide to start violence using the police or army, you guys are gone. For Good. Our children in the police and army will not start killing their own because of stupid old bastards in DPP. You guys are evil. You will disappear, and will never know what had hit or happened to you. Up there, somewhere up there, there, is the Living God.
Mukati Malawians you mean northerners on nyasatimes
Yes and you will be hammered you cadets simunati
Malawian politics can send you to an early grave. Don’t know whether you’re coming or going.
Kkkkkkkkk. Well summarized. Very true,
It is amazing indeed. Also amazing that MEC is gazetting the same date that Msaka is saying is illegal. Amazing how people interpret the law. No wonder it is not so amazing that Government keeps on losing election cases in courts
Slowly the DPP is going to learn that a Case Law is a law and can not be changed in Parliament that easily. The law as it stands the election are on and one must get 50 plus 1 votes. DPP is doing everything to confuse the masses. It only shows APM is a crooked Prof. There is absolutely no need to change the constitution. There is no duly elected president in Malawi. APM is an illegal president.
I am not a constitutional scholar, but I do recognize game, and desperation by the government to prevent people from voting. It started with utterances by APM undermining the courts who ordered the fresh elections. If APM won fair and square what is he afraid of.
It looks like the opposing MPs are undermining themselves ignorantly
They should realise they are the law makers
The opposition is simply satanic. There is no logic in their reasoning. Why reject the discussion which is meant to put things straight? What will happen if nobody gets 50+1 in this and other elections to come? We need laws to that effect…and MCP surely can’t see sense in that?
Simple. The amendments are needed. They will be done after we have voted on 23 June. Right now, we are in an emergency situation which was designed, created and executed by APM and his boys with the help of one Jane Ansah. An emergency situation needs emergency temporal solutions. So, tell Bright and his master to wait for the next sitting of parliament to table those bills. If at all they will be there to do it, which I doubt.
Why is DPP afraid of going to the polls by playing all these hide and seek games? If they know they won the last polls cleanly, let a fresh election be conducted simply to settle the matter
The opposition wanted a CLEAN election and yet they are using underhand methods. We can’t have presidential elections without amending the constitution.
Abale taonani, UMBULI ndi chinthu chovuta kwa mbiri.
Opposition members in the house wanted shortcut to the constitutional amendments. See now we are in the same predicament.
Opposition why but why did you do that to the nation??
May be Mr. Knows-it-all Chakwela along side Retired Justice Banda and Chilima lawyers advised you to blindfold the nation in that way.
Private Member bill was not in the order paper and you see it spoiled the real deal. Mulilira kuutsi chifukwa cha umbuli, umphawi, ndi matenda ofuna upulezidenti mosasintha malamulo.
Hehede uluuuuuuuuu!!!
Amoyo ine.
Ine ndaseka chikhakhali ponganizira ma demo omwe Trapesi ndi Sembereka anakonza kuti simunawamvetse bwinobwino.
Inuyotu a Hapana Mbejere ndiye mbuli yochititsa manyazi kwambiri kapena mwina poti amati mbuli ilibe manyazi.
Dpp is desperate and opposition are playing clever just wait and see. You don’t vote for something that is already in the constitution and interpretation was made by the courts on the same, just shows how stupid dpp leaders and supporters they are, including you.
Martin
Re-run izachitika bwanji opanda kusintha malamulo. Poti mwati ndinunso mbuli yotheratu. Ziwani kuti court siimapanga malamulo, parliament ndiyo yoyenera kupanga malamulo through Ministry of Justice and other stakeholders.
Pambuli wainu ndi ine tiyeni tione kuti zitha bwanji tikavota. Koma ife ndi anthu onse a ku south tidzapha ndi kudyera chi tambala chakuda pa tsiku loulutsa ma results a zisankho.
June 23! TIVOTASO! Dpp nkuona nyekhweeeeee! Mukodzedwa ndi msaka kuti mukuti masaka anuwooo!
The truth of the matter is June 23 is too soon. It is realistically impossible from a project management and logistics point of view in rue of the Corona pandemic and this being a re-run. Also the courts errored they should have nullified all the elections including parliamentary.
The court caused all this. They only focused on APM forgetting that he was elected by the same process that elected MPs and Councillors
Ku khothi kunalibe mlandu wa parliamentary elections, so the court could not have ruled on that. Simple. Why can’t you see that? Khothi imagamula pa mlandu umene yapatsidwa, period!
Misala misala azaku anakuwerenga. Umawona ngati mbomauzakhalamo wamuyaya wayaluka. Kuli anthu osoma sukulu ku Tonse alliance wabwira dothi. Chimutu ngati chimulamba.
23rd June kuli kuvota basi.. and penapake malembedwe Anu akhani izi it seems like mumava ma hearsay. . Enafe yesterday tamvela parliament session yonse thru Times radio