Voting rights under fire: The explosive debate over ID laws

Legal scholars and political leaders are at odds over the controversial provisions of the revised Local Government, Parliamentary, and Presidential Elections Act, which recognizes the national identity (ID) card as the only valid form of documentation for voting.

Voting during the primaries

The new electoral laws require citizens to register for a national ID to be eligible to participate in elections, raising concerns about access to voting for many Malawians.

Critics argue that this requirement infringes on the right to vote, with the National Registration Bureau (NRB) lacking the capacity to register all eligible citizens effectively. The Economic Freedom Movement (EFM) has organized demonstrations in Lilongwe today to protest against these provisions, highlighting the urgency of the situation.

Malawi Law Society President Patrick Mpaka emphasized the possibility of a judicial review to challenge the constitutionality of the law. “Concerned parties can take the matter to court and seek clarification on whether this requirement aligns with our Constitution,” he stated, urging a prompt resolution before the electoral process begins.

In contrast, seasoned legal expert Garton Kamchedzera asserted that the issue is fundamentally political, not legal. “The way to resolve this matter is through compliance with the law, not through avoidance,” he said, suggesting that adherence to existing regulations is crucial.

Support for amending the law came from South Africa-based law scholar Danwood Chirwa, who noted that making the national ID a mandatory requirement could hinder citizens’ voting rights. “Malawi lacks an established system for birth and death registration tied to ID issuance. It’s premature to enforce such a requirement for accessing public services, including voting,” he argued.

Politician and legal scholar Cassim Chilumpha expressed his belief that the constitutionality of the law could indeed be contested. “The Republican Constitution guarantees every eligible individual the right to vote. This principle is what we fought for during the transition to multiparty democracy,” he said, emphasizing the potential for legal action.

Adding to the discourse, Mulanje West parliamentarian Yusuf Nthenda voiced skepticism about Parliament’s willingness to repeal the law. “Those of us against the law are in the minority. The government side has the numbers, and this bill passed largely due to that majority,” he explained, highlighting concerns over the NRB’s capacity to register all eligible voters.

Joseph Peshi of EFM confirmed that protests are ongoing in Lilongwe, stemming from the government’s inaction on a petition presented to Parliament. “We are demanding accountability and a review of this law,” he stated.

In response, Information Minister Moses Kunkuyu acknowledged the constitutional right to demonstrate but emphasized the importance of respecting other avenues for addressing grievances. “It is essential for concerned citizens to engage their members of Parliament, who are responsible for making and amending the law,” he advised.

As the Malawi Electoral Commission (MEC) prepares for the upcoming voter registration exercise, Chairperson Judge Annabel Mtalimanja warned that any amendments to the law regarding identification could significantly impact the commission’s operations. Meanwhile, the NRB has initiated a mop-up exercise to allow those who missed the initial outreach program to register for national IDs.

With tensions rising and differing opinions emerging, the future of voting rights in Malawi remains a pivotal issue, one that will require urgent attention and dialogue among stakeholders.

 

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