Final Report - National Conference on Electoral Reforms-Lilongwe 13-02-15
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0 PROCEEDINGS OF NATIONAL CONFERENCE ON ELECTORAL REFORMS IN MALAWI Held in Lilongwe, Golden Peacock Hotel, 11th – 12th December 2014 TABLE OF CONTENTS
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The final report on the National Conference on Electoral Reforms in Malawi...
Transcript of Final Report - National Conference on Electoral Reforms-Lilongwe 13-02-15
0
PROCEEDINGS
OF
NATIONAL CONFERENCE ON ELECTORAL REFORMS
IN MALAWI
Held in Lilongwe, Golden Peacock Hotel, 11th – 12th December 2014
TABLE OF CONTENTS
1
LIST OF ABBREVIATIONS AND ACRONYMS ........................................................................................................ 4
EXECUTIVE SUMMARY ....................................................................................................................................... 5
1.0 INTRODUCTION ............................................................................................................................................ 7
1.1 Background .............................................................................................................................................. 7
2.0 SETTING THE STAGE FOR THE CONFERENCE ............................................................................................. 10
2.1 Welcome Remarks: Steve Duwa, MESN Board Chairperson ................................................................. 10
2.2 Remarks by the British High Commissioner, His Excellency, Mr. Michael Nevin ................................... 11
2.3 Remarks by MEC Chairperson, Justice Maxon Mbendera, SC ............................................................... 14
2.4 Key Note Address and Official Opening ................................................................................................. 14
3.0 PRESENTATIONS BY THEMES ..................................................................................................................... 16
3.1 SESSION ONE: LEGAL FRAMEWORK FOR ELECTIONS IN MALAWI ............................................................. 16
3.1.1 Understanding Electoral Justice ...................................................................................................... 16
3.1.2 The Role of Electoral Justice ........................................................................................................... 16
3.1.3 Electoral Disputes ........................................................................................................................... 16
3.1.4 Dispute Management in Elections .................................................................................................. 17
3.1.5 The Role of the Courts in Elections ................................................................................................. 17
3.1.6 Are the Courts to Blame for Electoral Decisions? ........................................................................... 17
3.1.7 Plenary discussion ........................................................................................................................... 18
3.1.8 Key Findings and Key Recommendations ....................................................................................... 20
3.2 SESSION TWO: ELECTORAL SYSTEMS ........................................................................................................ 23
3.2.1 Solution Options ............................................................................................................................. 23
3.2.2 Purpose of Electoral Systems .......................................................................................................... 23
3.2.3 Analysis ........................................................................................................................................... 24
3.2.3.1 Presidential .............................................................................................................................. 24
3.2.3.2. National Assembly and Local Councils .................................................................................. 24
3.2.4 Key Issues for Consideration ........................................................................................................... 25
3.2.5 Gender Quotas ................................................................................................................................ 25
3.2.6 Boundary Delimitation .................................................................................................................... 25
3.2.7 Plenary Discussion........................................................................................................................... 25
3.3 SESSION THREE: ELECTION MANAGEMENT ............................................................................................... 27
3.3.1 Presentation One ................................................................................................................................ 27
2
3.3.1.1. Key Issues ................................................................................................................................ 27
i. Demarcation of Constituencies ................................................................................................ 27
ii. Period for the announcement of results .................................................................................. 27
iii. Media Access............................................................................................................................ 28
iv. Campaign Finance .................................................................................................................... 28
v. Diaspora Franchise ................................................................................................................... 28
vi. General Election date ........................................................................................................... 28
vii. Participation of women in elections .................................................................................... 28
3.3.1.2 Key Recommendations ............................................................................................................ 28
3.3.2 Presentation Two ................................................................................................................................ 29
3.3.2.1 Summary of Analysis of Elections management Issues ........................................................... 29
3.3.2.2 Key Recommendations ............................................................................................................ 29
3.3.2.2.1 MEC’s Organisation and Management ............................................................................. 29
3.3.2.2.2. Independence of MEC ...................................................................................................... 30
3.3.2.2.3 Accountability of MEC ....................................................................................................... 30
3.3.2.2.4 Demarcation, Voter Education ......................................................................................... 30
3.3.2.2.5 Solution Options on Polling day Logistics ......................................................................... 30
3.3.2.2.6 Efficient Results Tabulation .............................................................................................. 30
3.3.2.2.7 Electoral Complaints ......................................................................................................... 31
3.3.2.3 Plenary Discussion ................................................................................................................... 31
3.4 SESSION FOUR: CIVIC AND VOTER EDUCATION ......................................................................................... 33
Presenter: Mr.Ollen Mwalubunju, Executive Director, NICE ......................................................................... 33
3.4.1 Analysis of Key Issues In Civic And Voter Education ....................................................................... 33
3.4.1.1 Co-ordination of civic and voter education initiatives ............................................................. 33
3.4.1.2. Clear legal and policy frameworks for civic education ........................................................... 33
3.4.1.3. Utilisation of existing structures ............................................................................................. 33
3.4.1.4. Civic education curriculum and Malawi-specific Reference for Use by stakeholders ............ 34
i. Adequate and sustainable funding .......................................................................................... 34
ii. Social exclusion of marginalised groups .................................................................................. 34
iii. Specialisation among civic and voter educators ...................................................................... 34
iv. Delivery without regard of the contemporary context ........................................................... 34
v. Methodology skilled personnel and civic education resources ............................................. 34
3
3.4.2. Key Recommendations .................................................................................................................. 35
3.4.3. Plenary Discussion.......................................................................................................................... 36
3.5 SESSION FIVE: GENDER AND ELECTIONS.................................................................................................... 37
3.5.1 Women and Elections ..................................................................................................................... 37
3.5.2. Plenary Discussion.......................................................................................................................... 39
3.3.3.Key Recommendations ................................................................................................................... 40
4.0 SESSION FIVE: GROUP DISCUSSION ........................................................................................................... 41
4.1 Group 1: Electoral Systems .................................................................................................................... 41
Group 2: Civic And Voter Education ............................................................................................................ 42
Group 3: Legal Framework For Elections ..................................................................................................... 42
6.4 Group 4: Electoral Management Body .................................................................................................. 43
5.0. FORMATION OF TECHNICAL AND EXPERT WORKING GROUPS ................................................................ 44
6.0 CONCLUSION .......................................................................................................................................... 45
APPENDICES ..................................................................................................................................................... 46
4
LIST OF ABBREVIATIONS AND ACRONYMS
ADC Area Development Committee
AG Attorney General
CMD Centre for Multiparty Democracy
CSO Civil Society Organisations
CVE Civic and Voter Education
DFID Department for International Development
DPP Democratic Progressive Party
EC Electoral Commission
EMB Elections Management Body
EJS Electoral Justice System
FPTP First Past the Post
LGE Local Government Elections
MACRA Malawi Communications Regulatory Authority
MCP Malawi Congress Party
MEC Malawi Electoral Commission
MESN Malawi Electoral Support Network
MMC Multiple Member Constituency
NDI National Democratic Institute
NGO GCN Non-governmental Organisations Gender Coordination Network
NICE National Initiative for Civic Education
PAC Public Affairs Committee
PR Proportional Representation
TRS Two Round Systems
UDF United Democratic Front
UKAid United Kingdom Aid
UNDP United Nations Development Programme
VDC Village Development Committee
5
EXECUTIVE SUMMARY
The opening remarks, the key note address, the presentations and plenary sessions during the
national electoral reform conference all expressed that there is need for electoral governance
reforms in Malawi. This squarely resonates with the earlier calls made at the MESN 2014 elections
review conference that was held in June, soon after the 2014 elections; the regional dialogues on
electoral reforms and similar different commentators have made. In the words of the Malawi
Electoral Commission Chairman, Justice Maxon Mbendera, SC, this was a culmination of the
consultations where all and sundry called for reforms now or never.
The 2014 tripartite election drew attention to aspects of the Malawi electoral process that need in-
depth scrutiny leading to reforms. These aspects can conveniently be case into four thematic areas
as follows:
i. Electoral system
ii. Electoral management
iii. Civic and voter education
iv. Legal framework of elections in Malawi
Gender issues are mainstreamed in all these themes.
In order to ensure that 2019 and subsequent elections meet the expectations of many Malawian in
terms of their legitimacy and inclusivity, electoral reforms have to be identified, agreed to and
implemented. To strengthen the movement for electoral reforms in Malawi, a national task force
was instituted. The National Task force comprises of MESN, MEC, UNDP, CMD, NDI, MHRC,
MoJCA, MLGRD, NICE, NGO GCN, Law Commission. The main role of the task force is to lead
in the Electoral Reform agenda where several activities will be implemented in order to achieve the
reform agenda.
The task force organized a first National conference on 11th
– 12th
December 2014 in Lilongwe
where several issues regarding Electoral reform in Malawi were discussed. At the conference,
papers on four themes and another one on Gender issues were presented. The participants also had a
plenary at the end of each presentation. On day two of the conference, participant discussed the four
themes further in groups where they came up with additional recommendations to be considered.
The conference was organized with financial support from UK Aid through National Democratic
Institute (NDI).
In his presentation on legal framework of elections in Malawi, Mr. Justin Dzonzi, Executive
Director, Justice Link, said that electoral problems Malawi has experienced have largely emanated
from two sources, namely: the management of elections by MEC; and the interpretation of the
Electoral Laws. An analysis of the reported cases clearly shows that the majority of the disputes
have revolved around the interpretation of the laws. “This is a sign that our laws are either
ambiguous, lack clarity and precision, perpetuate injustice, absurdity or unreasonableness, run
counter to popular expectations or fail to provide for unforeseen eventualities”.
Mr. Sean Dunne, Senior Advisor at UNDP highlighted in his presentation on electoral systems the
main considerations that arise from changes in electoral systems, and in particular, the proposals
that have emerged out of consultations on Malawi’s election reform process. He focused on the
broad implications of the proposed reforms in a manner that informs, rather than promotes, a
particular outcome. Accordingly, although solution options were not presented, he recognized the
6
need for electoral reforms based on trends observed in the Malawi Elections history and that the
amendments to electoral systems can be implemented. However, observing or advising that their
desirability and intended impact must be measured against the cost-benefit analysis of a range of
considerations.
Regarding election management Malawi Electoral Commission CEO, Mr. Willie Kalonga reflected
on challenges faced during the May 2014 tripartite and earlier elections. Some sections of the law
have been recommended for review while in some areas it is proposed for enactment of entirely
new legislation. Those areas recommended for reforms include: Sections of election laws,
Referendum Act, Demarcation of Constituencies, period for the announcement of results, Media
Access, Campaign Finance, Diaspora Franchise, General Election date and Participation of women
in elections. This was followed by Dr. Nandini Patel, Executive Member of Mtendere Election
Support Network (MESN II) who raised a number of issues related to the elections management
body - MEC. She pointed out that the MEC strategic Plan (2013 – 2017) show a number of
important deficiencies in the functioning of MEC as an organisation which have affected the
relationships and atmosphere within the MEC, its effectiveness and reputation. Apparently there is
mistrust and poor communication between the Commission and the Secretariat. She observed that
there are gaps in management as well as operational and logistical structures. She also observed that
MEC is independent to the extent that it can perform its functions and exercise its powers
independently of any public office. However, the EC Act Section 6(1) makes the Commission
answerable to and report directly to the President on the overall fulfilment of the functions and
powers of the Commission. This makes it prone to interference.
Mr. Ollen Mwabulunju, NICE Executive Director put forward a number of proposals as options for
Civic and Voter Education is to effectively play its critical role in the electoral process. These
include social inclusion of women, youth, the blind, the deaf & other interest groups; Sustainable,
timely and adequate funding; Specialisation among service providers; Use of existing formal &
informal structures; CVE should be done in a continuous manner and not as an event during
elections; explore cost effective ways of conducting CVE.
Finally, Dr. Ngeyi Kanyongolo, Consultant, NGO GCN, called for a systematic and concerted
effort in law, policy and regulatory electoral reform in order to integrate gender analysis in the
reform process arguing structural change was critical. She argued that to achieve this it will require
a principled approach in legal framework; social – cultural change in attitudes and behavior;
inclusive electoral system for systemic change and affirmative action and quotas.
In addition to proposed options for solution put forward by the presenters the conference made key
recommendations through plenary sessions and thematic group discussions. At the end, the
conference proposed names of people who should be included in the Technical Working Groups
(TWG) who will discuss and analyze further the papers that have been presented on each theme.
7
1.0 INTRODUCTION
This report highlights the proceedings of the National Conference on Electoral Reforms that took
place in Lilongwe from 11th
to 12th
December 2014. The objectives of the conference were to
initiate a movement for electoral reform in Malawi; debate advantages and disadvantages of various
electoral systems and practices; discuss recommendations from issues papers presented at the
conference; formulate a national technical working group on electoral reforms and to establish an
Expert Reference Group. At the end of the conference, consensus on key areas for electoral reforms
was arrived at; delegates to the conference put forward names of people to be in the technical
Working Group on Electoral Reforms; the conference gave the TWG and the ERG mandate to work
on the discussed themes and it also gave mandate to the Task force to work on the final list of the
Technical Working Groups. The conference was organized with financial support from UK Aid
through National Democratic Institute (NDI).
Participants to the conference were drawn from the Electoral Management Body, Government
ministries and parastatals, Civil Society, political parties, the Media, Security Agents, international
development partners, Academia, Malawi Law Society, Women organizations, Youth
organizations, organizations of people living with disabilities and Traditional Leaders.
The report gives a background to the conference which is an overview of the consultative process
of the electoral reform that culminated into the national conference. The highlights in the report are
largely narrative summaries and outlines of inaugural remarks and the key note address and
presentations. Each presentation summary or outline is followed by a record of proceedings from
the plenary session (each of these are provided or appended in a box). The discussions and
presentations were around legal framework for elections in Malawi, electoral systems (a
comparative analysis and implications), Election management (with a focus on Malawi Electoral
Commission), civic and voter education, gender and elections, group discussion and the formation
of technical working groups.
1.1 Background
Malawi Electoral Support Network (MESN) noted in its statement released on 24th
May, 2014 soon
after the May 20 tripartite elections, that the 2014 tripartite elections have not been a step forward.
In particular, serious challenges had to do with the production of the voter’s register, the inadequate
delivery of electoral materials to polling stations and the delayed tallying of results. These shortfalls
eroded public confidence in the electoral process and democratic institutions. Critical in the 2014
elections too, were numerous aspects of the Malawi electoral governance that need greater scrutiny
and consequently reform, such as the electoral system, electoral management, civic and voter
education and legal framework of elections in Malawi. It is therefore important that there must be
serious soul searching by all stakeholders, meaningful electoral reform and tangible actions to
ensure that the 2019 and other elections to come, meet the expectations of the Malawian people.
In view of this, MESN after conducting the Post – Election Review Conference in June 2014,
where many issues and recommendations were identified, it went ahead to the three regions of
Malawi to conduct regional consultative dialogue meetings on electoral reforms. The aim of these
meetings was to seek the views of people on the recommendations that came out of the post –
election review conference. Within the same period, other organizations were also advancing
similar issues to what MESN was doing. As such MESN called for a consultative meeting for all
8
those organizations who were doing similar activities on Electoral Reform. To strengthen this
process, the consultative meeting spearheaded the formation of a National Taskforce on Electoral
Reforms. The members of the taskforce are; MESN, CMD, PAC, NICE, UNDP, NDI, MHRC, Law
Commission, MEC, and MoJCA. The main role of the task force is to take lead in the Electoral
Reform Agenda where several activities will be implemented in order to achieve the reform agenda.
After sourcing ideas from different stakeholders on Electoral Reforms, the taskforce came up with
four major themes: Electoral systems, Legal framework, Election Management, Civic and Voter
Education. These themes formed the basis for deliberation at the first national conference on
electoral reforms that was held in Lilongwe from 11th
-12th
December 2014.
The conference was held with the following objectives:
a. Receive and deliberate on Issues papers covering the four thematic areas.
b. Formulate national technical working groups on electoral reforms.
c. Establish an Expert Reference Group.
The task force expected that at the end of the first conference there will be the following outcomes;
a. Consensus on key issues for reforms under each thematic area.
b. Technical Working Group (TWG) on Electoral Reforms constituted.
c. Expert Reference group formed
9
d. TWG and ERG given mandate to work on the thematic areas of reform as agreed by the
Conference
Participants to the conference were drawn from the Electoral Management Body, Government
ministries and parastatals, Civil Society, political parties, the Media, Security Agents, international
development partners, Academia, Malawi Law Society, Women organizations, Youth
organizations, organizations of people living with disabilities and Traditional Leaders.
10
2.0 SETTING THE STAGE FOR THE CONFERENCE
2.1 Welcome Remarks: Steve Duwa, MESN Board Chairperson1
Mr. Steve Duwa, Chairperson of the Malawi Electoral Support Network, began by making the
following quote from the 16th President of the United States of America Abraham Lincoln.
“Elections belong to the people. It's their decision. If they decide to turn their back on the fire and
burn their behinds, then they will just have to sit on their blisters.”
He said that the 2014 tripartite elections which were the first ever tripartite elections in Malawi had
left a legacy. He told the conference delegates that there was so much to put in order before the
country can hold second tripartite elections in 2019. “Most of us do recall so well the challenges
faced in the last elections. Although the elections were not a failure, the challenges exceeded the
successes,” he said.
He informed the conference that these challenges were identified through a review conference that
MESN held soon after the elections and dialogue meetings held in all the three regions of Malawi
afterwards. He said that from those meetings, it was clear that there was need to have reforms of
Malawi’s electoral governance in order to hold better elections in 2019 and beyond. He underscored
the need to start the process of electoral reforms as early as possible.
He announced the appointment of a task force on electoral reforms and informed the conference that a
plan of activities that the task force thinks would lead the implementation of electoral reforms had
been drawn and the national conference was one of the activities in plan. The membership of the
taskforce is as follows:
1. Malawi Electoral Commission (MEC)- Co-chair;
2. Malawi Electoral Support Network (MESN)- Co-chair;
3. Public Affairs Committee (PAC);
4. Centre for Multiparty Democracy (CMD);
5. National Initiative for Civic Education (NICE);
6. NGO Gender Coordination Network (NGO GCN);
7. Ministry of Justice and Constitutional Affairs;
8. Malawi Law Commission; Malawi Human Rights Commission;
9. Ministry of Local Government and Rural Development;
10. United Nations Development Programme (UNDP),
11. National Democratic Institute (NDI).
He explained that through an analysis of observations and recommendations made in the review
conference and regional dialogues, the taskforce team had identified four themes which would be the
heart of discussions during the conference and the electoral reform agenda in general. These themes
were:
1 This is a summarized and edited version of the remarks MESN Chairperson, Mr. Steve Duwa made during the
opening ceremony of the conference. For a full verbatim version see appendix 1.
11
1. Electoral systems,
2. Legal framework,
3. Election management, and
4. Civic and Voter education.
He pointed out that the task force was only facilitating a process, through which proposed reforms
based on the identified themes would be discussed, analysed, and specific areas requiring reforms
identified. At the end of his remarks, he thanked UK Aid for their financial and technical support
through National Democratic Institute (NDI).
2.2 Remarks by the British High Commissioner, His Excellency, Mr. Michael Nevin2
The British high commission spoke in support of the electoral reform emphasising the need for
expedience, timeliness and specifically raising the following key issues:
He commended the formation of the task force that was responsible to take forward the electoral
reform agenda. He said that it was clear there was both need and demand for reform, learning the
lessons of the 2014 elections and previous elections.
He told the delegates that the conference was timely because the experience of the tripartite elections
was still fresh; necessary if Malawi is to adopt an electoral cycle approach.
He also explained that electoral reform should be part of a wider reform process and as part of a
wider transformational agenda that Malawi needs. He however pointed out that the challenge for all is
whether this would be delivered. He said this making reference to similar efforts that had failed
before.
“But improvements to the delivery of elections are undeniably needed. Reform is essential, both
administrative and legal reforms,” he quickly pointed.
He further cautioned the delegates that electoral systems and their management differ from country to
country. “However, the principles should be the same: fair, transparent processes that enable the will
of the people to be heard, delivered efficiently and effectively, within a peaceful environment for the
furtherance of democratic and accountable governance”. In view of the aforesaid, he put forward the
following advising the conference if they could be considered:
1. To develop investment against a 5 year elections cycle, rather than focus on the last few
months leading up to an election;
2. The cost of Malawi’s elections is already high relative to countries of similar context, and
need to come down by up to $2 per voter.
3. What kind of electoral commission does Malawi want and need e.g. is the current process of
political parties nominating Commissioners preferable to an openly recruited group of
professional Commissioners? Should they be full time or part time? And when should they be
appointed (is appointing them within two years of an election sensible? Should there be
staggered appointments to ensure some continuity?)
4. How might governance of the electoral commission be strengthened so that performance and
2 For a full verbatim version of Mr Michael Nevin’s remarks, see appendix 2
12
trust improves without impinging on independence? Within a programme of public sector
reform, how can officials be more accountable for performance, recruited and promoted on
merit, dismissed when failing to deliver, while insulating them from political influence? In
this regard, it would be useful for MEC to provide conclusions on its operational performance
following its own internal review.
5. How can MEC be strengthened to ensure its financial management systems are robust and
secure and expenditure is on what is needed, not on what is desired, but at the same time not
leave itself open to the funding whims (and therefore risk manipulation) of the ruling party in
government, and indeed of donors?
6. Rather than an expensive, intensive registration process, should voter registration be
continuous? Should it be linked to a national identity card system? In this regard, I note that
H.E The President has announced that government will fast track a national identification and
registration system.
7. Do the electoral laws on registration and voting ages need clarity and harmonisation?
8. Should there be laws on political party and campaign financing, which introduce much greater
transparency and which might have a positive impact on corruption? I understand CMD has a
draft ready which has the support of all the main parties.
9. Should the giving, and receipt, of hand-outs also be outlawed?
10. How can use of state resources for campaigning be effectively curtailed to encourage a more
even playing field?
11. Should MEC be given more time to consider complaints
12. Should it be given more time to organise by-elections, or have a set period for the holding of
all by elections together, say twice a year, for more efficiency?
13. Does the role of an MP and councillor need to be more clearly defined and separated? For that
matter, is there need for more decentralisation of powers?
14. Do the citizens need to change their expectations and demands of elected officials, including
constituent’s expectations of personal financial support from their elected officials?
15. What should be done with Section 65? Strengthen or scrap it? Tangentially related, should the
issue of a President or Vice-President changing political party mid-way through their term be
unequivocally dealt with under the Constitution? Or is the Constitution and precedent clear
enough?
16. More fundamentally, after 20 years of experience, is the current electoral system right for
Malawi or is there a system that will better respond to the underlying issues, which perhaps
have given rise to the current debates about federalism and executive power?
17. Is there a different system or approaches for ensuring that more women get in to political
office?
18. Should there be more time before a swearing in to allow for court challenges?
19. Recalling the grey areas encountered in the last election, is there a need to more clearly define
“public office”; to be clearer on appeals and replacements when a party’s nominated candidate
fails to pass scrutiny by MEC; should MEC be given more time to consider complaints?
Should the complaints system be enshrined in law? Can MEC reopen ballot boxes without
asking the permission of the courts? Should there be counting at night, or could it wait until
the next day when people are less tired and there is daylight?
20. How can we ensure state broadcasting neutrality?
21. Should there be regulations on opinion polls? Is it realistic in this global age of social media?
22. How can we ensure that electoral result forms are signed, posted and duplicates given out to
party representatives to avoid any dispute?
13
23. What is the best form of results management system suitable for Malawi?
24. Should there be a dedicated elections related court, with enforcement of clear timelines to
deliver and hear petitions?
14
2.3 Remarks by MEC Chairperson, Justice Maxon Mbendera, SC3
His Lordship Justice Maxon Mbendera briefly drew the participant’s attention to the following
key issues:
“We meet today on a culmination of the consultations that have taken place. We are all aware of the
challenges that took place in the 2014 elections. Most of these challenges were limitations of time,
constrained planning, inadequate resources and human error etc. “I took office 18 months before the
elections…At that time the MEC strategic plan had just been finalized. A couple of other critical
tasks had not been carried out yet.
It is pleasant to note that unlike the 2014 elections, we have started planning for the next elections
now, this is good. As we plan we must forget what happens in the past elections while drawing
lessons from the experience. “We must correct the errors and prevent what happened not to happen in
the next elections”.
“If we begin to plan now we will be able to have excellent elections, a germ that we will all be proud
of”. This is a collective responsibility.
2.4 Key Note Address and Official Opening4
Minister of Lands, Housing and Urban Development, Hon. Bright Msaka SC.
The Hon Minister of Lands and Urban Development, Hon. Bright Msaka SC, thanked the British
Government and UKAid for providing funding for the national conference; the Un Resident
Coordinator, the UN family, and all development partners for their support: financial, material,
technical and moral, during the 2014 tripartite elections.
The Hon Minister informed the conference delegates that His Excellency President Professor Arthur
Peter Mutharika called upon the nation to immediately start preparing for the 2019 general elections.
“We are here today, in answer to the president’s call, and certainly to give the much needed, and long
awaited, attention to our electoral system, which is the bedrock of our democracy,”.
He said that there was need to continuously strive to improve the country’s electoral system, and its
democracy, so that these can serve Malawians better. He however, advised the conference that they
should propose changes or reforms only if the changes or reforms would result in a superior way of
managing the country’s national affairs, in strengthening democracy.
“All democracies are different from one another. We should strive for a form of democracy that
serves the best interests of all our citizens- The citizens of Malawi while looking at other democracies
to learn lessons, and avoid making some mistakes that others have made,” He emphasised.
He reminded the conference delegates not to ignore the important lessons drawn from past elections
in order to improve the electoral system. Observing that “We know what works”. And we know what
3Recorded verbatim but paraphrased with quotes included. His Lordship, Justice Mbendera excused himself from
using his official written speech because he felt that earlier speakers had touched on critical areas. See appendix 3 for a full official version 4This is version summary of the Hon Bright Msaka SC, the Guest of Honour who officially opened the conference. The
full presentation is appended in the appendix 4.
15
causes strife”. He added that the conference should use the benefit of the wisdom from several
Elections Observer Groups and emphasising to retain what works while discarding that which causes
strife.
While acknowledging that “the fact that, like the rest of us, members of our electoral commission are
imperfect,” he observed that “in searching for the ideal independent and neutral Electoral
Commission, we yearn for individual members with a conscience uncorrupted by religion, a judgment
undimmed by partisan politics, a heart untainted by friendships, and sentiments unsourced by
animosities”.
He was happy “and encouraged by the diversity of participation”; … “the strength of attendance, and
the height of interest in this conference”.
16
3.0 PRESENTATIONS BY THEMES
3.1 SESSION ONE: LEGAL FRAMEWORK FOR ELECTIONS IN MALAWI
Presenter: Mr. Justin Dzonzi, Executive Director, Justice Link.
3.1.1 Understanding Electoral Justice
Electoral Justice protects and restores the full enjoyment of electoral rights by allowing free and fair
participation of all eligible people in the electoral processes and by giving them effective remedies if
they believe that their electoral rights have been violated.
3.1.2 The Role of Electoral Justice
As can be seen from the previous discussion, the primary role of Electoral Justice System is twofold,
namely:
a) Prevention of electoral disputes; and
b) Resolution of electoral disputes.
3.1.3 Electoral Disputes
a) Electoral disputes are inevitable in the conduct of elections because elections are about power
distribution and naturally create winners and losers.
b) An electoral dispute may be defined as a difference of opinion over an electoral process either
between electoral participants or between the EMB and electoral participants.
c) Generally, such a dispute can arise at any point of the electoral cycle but are more likely from
voter registration, nominations, campaign, voting, counting and announcement of results because
these are highly politically sensitive periods.
d) It follows therefore that any EJS will experience a lot of pressure during these periods and must
necessarily put effective response mechanisms which will ensure speedy resolutions without
PREAMBLE
Mr. Justin Dzonzi argued that it is evident that the electoral problems Malawi has experienced have largely
emanated from two sources: the management of elections by MEC; and the interpretation of the Electoral
Laws. “An analysis of the reported cases clearly shows that the majority of the disputes have revolved
around the interpretation of the laws. As pointed out above, this is a sign that our laws are either
ambiguous, lack clarity and precision, perpetuate injustice, contain absurdity or unreasonableness, run
counter to popular expectations or fail to provide for unforeseen eventualities. He gave a comprehensive
analysis of the role of courts and electoral justice systems which he termed “the anchor of free, fair,
transparent and credible democratic elections” in order to substantiate his argument. He described Malawi’s
electoral Justice System, electoral dispute resolution system (EDRS) and the role of the courts in EDRS and
in elections. The presentation also provided three case studies to illustratively answer the question: “Are the
Courts To Blame for Electoral Decisions?”
17
compromising the core tenets of justice.
e) Generally in Malawi, the commonest electoral disputes revolve around following issues:
(i) The validity of the appointment of the Commissioners and their impartiality in the discharge of
their mandate;
(ii) The determination of eligibility either to stand for a political office or to register as a voter;
(iii)The conduct of campaign and media coverage of the same;
(iv) Contesting the final result; and
(v) Commission of criminal acts contrary to the electoral laws or in connection to electoral processes.
3.1.4 Dispute Management in Elections
a) The electoral laws give the primary responsibility over the management of elections to the EMB
[Electoral Commission] but recognise that beyond certain administrative powers, some disputes
can only be settled by the formal courts.
b) Again, electoral laws contain a list of criminal offences which can be committed under them.
However, the power to prosecute criminal matters in Malawi vests in the Office of the Director of
Public Prosecution.
c) It follows therefore that the successful implementation of elections requires an effective and
efficient collaboration between the Electoral Commission, the Judiciary and the Prosecution
Authority [Director of Public Prosecutions]
d) Just as poor execution of electoral activities by MEC can negatively impact electoral credibility,
the inability by the DPP to prosecute electoral crime or the delay by the courts to determine
electoral issues are equally damaging to the electoral process.
3.1.5 The Role of the Courts in Elections
a) In Malawi the role of the courts in the management of the elections is entrenched by the
Constitution as well as the Parliamentary and Presidential Elections and the Local Government
Elections Act.
b) The combined effect of the provisions in the constitution is threefold:
i. Courts are final arbiters in all legal disputes;
ii. Courts have supervisory powers over MEC;
iii. Any person aggrieved by an electoral process or decision has a right of appeal to the High
Court of Malawi
c) Based on these clear legal provisions, the courts are undoubtedly part and parcel of Malawi’s
Electoral Justice System and this position is not unique to Malawi, it is common in all democratic
countries.
3.1.6 Are the Courts to Blame for Electoral Decisions?
a) Since Malawi became a multiparty democracy, the courts have made several decisions on
electoral matters starting with the ‘Strangers in the House’ case.
b) As should be expected with all legal proceedings, some decisions have pulled complete surprises,
leaving Malawians baffled and bewildered while in the majority of cases, the judgments have
been what most people expected.
18
c) Due the mixed expectations that Malawians have over electoral disputes, there are also mixed
reactions to the judgments and in some cases the courts have taken a rap for them. However, for
this presentation we propose to look the following three case studies:
i. Gwanda Chakuamba et al Vs AGet al: The Case For Absolute Majority
ii. Bakili Muluzi Vs Electoral Commission: The Two Consecutive Terms Case
iii. DPP et al Vs Electoral Commission: The Vote Recount And Extension of Time Case
3.1.7 Plenary discussion
19
PLENARY DISCUSSION
Participants’ reactions, observations and comments on Mr. Dzonzi’s presentation and
the responses these elicited yielded the following discussion:
1. Comment
We shouldn’t blame the framers of the constitution but the decision makers in disputes.
Countries have gone to war because of poor decisions certain institutions have made.
Response:
Blame no one either the courts or the law commission simply refine the interpretation of the law. We
need to perfect our acts of Parliament.
Set up a special court to deal with elections complaints. We may not score more points by increasing
the number of judges. The constitutional court once interpreted the law that the number of maximum
2 Question:
Did you carry out any gender analysis in the 2014 electoral process with regards to the
legal framework?
Response:
Not necessarily for the purpose of the 2014 elections but I would like you to know that a
general analysis of our laws show that our laws are formulated from the angle of neutrality.
3 Advice:
Law Commissioner advised the participants that the Attorney General’s (AG) office should
be involved in these processes.
4 Question:
One of the duties of the EC is to ensure that elections are free and fair. But sometimes like
in the case of the 2014 elections, some polling stations were still closed while the media
was going on announcing the results. Is that fairness? Wouldn’t those voting the next day
be influenced in their choices?
Response:
This was a peculiar feature of the last election. It was an anomaly which never happened in
the other elections.
5 Question:
6 What is Interpretation?
7 Response:
It is drawing a meaning from something, in the case of this presentation, a legal provision
20
3.1.8 Key Findings and Key Recommendations
a) It is evident that the electoral problems Malawi has experienced have largely emanated from
two sources, namely: the management of elections by MEC; and the interpretation of the
Electoral Laws.An analysis of the reported cases clearly shows that the majority of the
disputes have revolved around the interpretation of the laws.As pointed out above, this is a
sign that our laws are either ambiguous, lack clarity and precision, perpetuate injustice,
absurdity or unreasonableness, run counter to popular expectations or fail to provide for
unforeseen eventualities. Therefore instead of pointing fingers at the courts, there is need to
refine the laws
b) Whereas it within the rights of the delegates here present to propose legislative amendments to
the role of the judiciary in electoral disputes, it is important to do so on correct and honest
assessment of the sources of our electoral problems. An examination of the electoral disputes
which have been brought before the courts, clearly demonstrate that the same hinged on the
correct interpretation of our electoral laws. The delegates observe that there is need to fine-
tune our laws to avert the heartache of having to ask our courts to read into our statutes words
we did not put in. If we sharpen our laws, it may not matter which judge adjudicates upon
them the chances are that the decisions might be near to the same because it will be based on
clearly spelt laws.
c) The consolidation of the electoral laws into one Act of Parliament makes a lot of sense. A
single source of all electoral laws is much easier to use as it does not require an inter-Act
cross-referencing. The only exception to this proposal will be that there is still need to
entrench certain provisions on electoral issues in the Constitution. So issues of universal
suffrage, independence of the Electoral Commission etc., need to be left in the Constitution
for better protection against political manipulation.
d) The laws need to be reviewed and synchronized on the issue of voters’ eligibility criteria.
Perhaps Malawians need to examine the eligibility criteria and decide what best suit them. It is
generally strange for the law to allow any resident to vote in Parliamentary and Presidential
elections. Again, even where the law extends this right to non-citizens, one would have
expected that on those in possession of Permanent Residence Permit would be allowed. The
idea that every resident [as in the case in s.6 LGEA] or every person who has been resident in
Malawi for at least seven years [as is the case in s.77(2) of the Constitution] is eligible to vote
irrespective of whether or not any such person is a legal resident is absurd.
e) Based on comparative practice in other countries, delegates recommended that need for the
laws to clearly distinguish between the eligibility criteria for the office of president and other
lower political offices. Owing to the centrality of the presidency to any country’s political
governance, only certain categories of citizens are eligible to contest for that office. Zambia
has a similar provision in its Constitution which bars naturalized citizens from contesting for
the office president. The USA and many other countries have similar provisions.
f) Having looked at the practice on the ground, it appears that the easiest option for Malawi is to
abolish the notion of campaign period. We could accept the status quo by allowing parties or
21
individuals to campaign or in any way canvass for support whenever they want. The law must
simply regulate the manner in which such campaigns will be conducted. Unfortunately, this
may mean that MEC would have to continuously monitor and regulate the conduct of political
parties and wherever necessary take disciplinary action against errant parties. This may mean
more work for MEC and may prove quite a costly exercise. However, in view of the
subsequent proposals from the electoral reform consultations following the 2014 elections, the
option of open campaign seems the most workable arrangement than the present situation.
g) There is considerable public opinion that the use of hand-outs as a campaign tool prevents the
flourishing of an issue-based campaign as hand-outs divert people’s attention from the
substance of the party’s message. In some cases, the hand-outs are a serious source of
conflicts and incidents of outright violence. Given the above situation, delegates strongly
recommend that Malawi should put a law banning hand-out-based campaigns. There are very
persuasive reasons why hand-outs should be banned as a campaign tool. It is important though
to keep in mind that this may be easier said than done. In fact what distinguishes a hand-out
from a genuine gift may be the source of contention. Again, gathering evidence of the
occurrence of the practice as a prerequisite to meting out an electoral sanction may also not be
easy. In order to meet the practical realities of effectively enforcing such ban delegates
propose that proper mechanisms be put in place.
h) The publication of unofficial results is not sanctioned by the law and as such illegal. However,
one must also keep in mind the fact there is also no express law which prescribes the practice
and as such it may be equally counter-argued that if the practice is not forbidden, then it is
allowed by default.Having examined the peculiar circumstances of this year’s elections,
therefore, we find that allowing the publication of unofficial results while voting is still going
on in other polling stations is contrary to the spirit of free and fair elections. Voters cannot
exercise their true choice if they have advance knowledge of the winner. What happened in
May this year should not have been allowed to happen. However, since there is no express
provision of the law to guide MEC, we support the proposal that the PPEA and LGEA should
be amended by making a provision which will ban the publication of unofficial results by any
person with full knowledge that voting has been postponed in some polling station and the
same will take place on another day. Of course this requirement must be finely balanced as it
affects the candidates differently across the three electoral levels. It is very unlikely that a
ward councillor in Mchinji may be unfairly prejudiced by the publication of the unofficial
results in Nsanje Lalanje Constituency.
i) It is the considered proposition of this conference that the solution may lie not in coming up
with more time prescriptions for announcing the election results rather the solution may lie in
carefully crafting section 99 so that the 8 days period can be extended if it is not possible for
MEC to determine the national result. So the simple introduction of two amendments to the
section in the following terms may do the trick:
i. “ Where the Commission is aware of any electoral irregularities or has received
cogent proof of irregularities which may affect the determination of the national
result, it shall postpone the determination of the national result for a period not
exceeding………….days in order for it to correct or address any such irregularities.
ii. If the Commission forms the opinion that due to the nature of the irregularities in
question, it is not possible for it to determine the national result within the period
22
prescribed in subsection (2) above, it shall file an application to the High Court of
Malawi seeking such further extension of the prescribed time and during the hearing
of any such application, it shall be incumbent upon the Commission to justify the need
for any such further extension of time.”
j) It is our considered opinion that had section 99 included the suggested provisions, Malawi
would have been spared the electoral-judicial embarrassment that fateful night of 30th May
2014. Modern legislative drafting requires that those in charge of drafting laws must simulate
possible situations and draft the law in such a manner as would be accommodative of as many
scenarios as possible. Section 99 of the PPEA was drafted on the assumption that
circumstances cannot arise which can prevent the Electoral Commission from determining the
national result within eight days. This paper recommends therefore that instead of coming up
with more prescriptions, section 99 should be amended by introducing more provisions which
cater for unforeseen eventualities such as the ones suggested herein above.
k) The law prescribes a maximum period of 30 days for the inauguration of the president elected.
In practice our presidents have been sworn in at most within 3 days from the date the Electoral
commission announces the results. During the 2007 Constitutional Review process, this was
also the subject of review by the Special law Commission. The Commission, having heard
various representations and having studied comparative literature regionally as well globally,
recommended that section 81(3) be amended by introducing therein a minimum of seven days
before a president-elect can be sworn in. If implemented, the amended would have ensured
that no president-elect would assume office before the expiry of at least 7 days from date he
was elected. Unfortunately, this proposal was never effected and as things stand, we are stuck
with section 81(3) in its original form.
l) Since this proposal was not implemented, it is the view of this conference that the
recommendations made by the Special Law Commission should be reviewed in the light of
Malawi’s most recent experience on the morning of 31st May 2014 and see whether the
proposal by the Commission addresses the concerns Malawians have over this issue.
23
3.2 SESSION TWO: ELECTORAL SYSTEMS
Presenter: Sean Dunne, Senior Advisor, UNDP
3.2.1 Solution Options
Mr Sean Dunne’s presentation highlighted the main considerations that arise from changes in
electoral systems, and in particular, the proposals that have emerged out of consultations on Malawi’s
election reform process. He focused on the broad implications of the proposed reforms in a manner
that informs, rather than promotes, a particular outcome.
Accordingly, solution options were not presented, but rather recognized the need for electoral reforms
based on trends observed in the Malawi Elections history and that the amendments to electoral
systems can be implemented. However, observing or advising that their desirability and intended
impact must be measured against the cost-benefit analysis of a range of considerations.
3.2.2 Purpose of Electoral Systems
Electoral systems strive to achieve certain ideals to maximize the social and political benefits of
electoral competition. These ideals include:
a. transparency
b. predictability
c. proportionality
d. simplicity
e. foster stable political parties
f. inclusiveness and parity
g. representation
There is no right or wrong electoral system. An electoral system should be assessed by what it
achieves within the broader context of progressive democratic development in the unique
circumstances of a country. As the trends and realities within a country change, electoral systems may
also need to be amended to accommodate these new realities. Several trends have arisen in the course
of Malawi’s past three electoral cycles that underpin concerns and proposals raised in the election
reform process:
Preamble
The presenter defined an electoral system and explained how an electoral system strives to
achieve certain ideals and maximize the social and political benefits of electoral competition. He
observed that several trends have arisen in the course of the past three elections that suggest
Malawi’s electoral system may no longer be optimal in fostering a stable and responsive political
representation. He further provided a comparative analysis of presidential First-Past-The-Post
(FPTP) and the Two Round Systems (TRS); a comparative analysis of single-member FPTP and
its Proportional Representation (PR) systems (applicable to parliamentary and local government
elections and related quota systems for women. namely First Past the Post and Proportional
Representative.
24
Malawi Trends
1. More than 70% turnover of Members of Parliament (MPs) in three successive elections (2004,
2009, 2014);
2. Decline in the number of elected female representatives;
3. Disproportionality between the percentage of votes won by a party and the number of seats they
receive;
4. Popular mandate that is won by elected representatives:
5. The Presidency was won with just over 36% of the vote; and
6. 193 members of the National Assembly were seated with just over 43% of the votes.
7. Fragile political parties with limited ideological platforms, and a propensity towards identity
politics over issue based politics;
8. Migration of MPs from their elected political affiliation to follow the Executive (2005 and 2012),
and commensurate controversy over Section 65 provisions;
9. Growth in the number of independent candidates;
10. Regionalization of political support;
11. Failure to redraw parliamentary electoral boundaries since 1998; and
12. Tension between MPs and Councillors in Local Councils.
13. Each of these trends is influenced by the choice of electoral system. However, an electoral system
does not work in isolation and must consider a range of issues which are impacted by the system,
including operational and legal aspects.
3.2.3 Analysis
3.2.3.1 Presidential
Summarily, weighing the advantages and disadvantages of TRS compared to a FPTP system
highlights the need to carefully consider not only the political, but the legal and operational
implications. Illustratively, any consideration towards adopting a TRS will need to consider the
Supreme Court Judgment of 2000, in the matter of Chakuamba and Others v Attorney General and
Others, that interpreted “majority” within Section 80(2) of the Constitution to be a simple majority.
3.2.3.2. National Assembly and Local Councils
a) Malawi uses a simple majority FPTP electoral system to elect the National Assembly and local
ward councillors.
b) An overarching comparison of FPTP versus closed party list PR systems highlights several trends
attributable to each system. FPTP is most focused on the candidates’ identity, while the PR
system is more focused on the party identity.
c) FPTP can produce disproportionate results (the percentage of votes won by a party can be
significantly different to the proportion of seats it wins), while PR is very proportionate.
d) FPTP offers a strong connection of accountability between an elected representative and their
constituents, while PR offers a greater breadth of representation for constituents that can
encourage inter-party cooperation and coalitions.
e) FPTP can result in a high number of wasted votes, while PR makes greater use of the valid votes
cast.
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3.2.4 Key Issues for Consideration
a. Single Member Constituencies vs Multi-Member Constituencies
b. Representation and Accountability
c. Party / Candidate Nomination/Certification
d. Alliances and Coalitions
e. Campaigning
f. Operations
3.2.5 Gender Quotas
To fulfill its regional and international obligations towards the representation of women in its elected
assemblies, Malawi’s experience highlights the need for consideration towards special measures. The
applicability and impact of different measures are closely tied to the choice of electoral system. Under
Malawi’s single-member FPTP system, as is often the case with FPTP, a distinct challenge arises for
integrating a system of quotas. For FPTP systems, such dilemmas may be resolved by creating
reserved seats in the elected assembly that are allocated specifically for women.
The reserved seat solution requires that either existing seats are allocated to women or additional
seats are created in the elected assembly.
In comparison, closed list PR systems allow for quotas to be applied to the party lists without the use
of reserve seats. This is usually achieved by establishing a requirement that for party lists, they must
have a female candidate at certain positions within the list.
The PR systems offer a simpler solution to the introduction of women’s quotas without the
requirement to expand the size of the elected assembly or to add additional ballots to the polling
operation. They also foster the promotion and integration of women within political parties, in
particular, as they are campaigning as part of a group of party candidates rather than as individuals.
3.2.6 Boundary Delimitation
FPTP systems require the geographical boundaries of electoral constituencies to be periodically
redrawn to reflect changes in the density and distribution of the population. In Malawi, this is a
complex task: Ward boundaries cannot cross traditional authority boundaries and Parliamentary
constituencies must encompass two Wards (unless in defined urban exceptions). Moreover, the data
required to support this process is based on the last census data, which last occurred in 2008.
In contrast, PR systems allow for an alternative approach to boundary delimitation. The adoption of
multi-member constituencies allow for seats to be moved to accommodate changes in the
demographics rather than moving the boundaries.
3.2.7 Plenary Discussion
26
PLENARY DISCUSSION
Reactions and observations from participants elicited the following responses
1. There is need to be able to distinguish political party representation from individual
representation.
2. Under the current system – FPTP, there are arguments for reserving seats for particular
candidates. However, such provisions are also contentious. It is important to note that such
discussion goes with the type of electoral system applicable.
3. One of the issues that need to be highlighted about section 65 is that in Malawi a person is not
nominated by a political party. They nominate themselves and then sponsored by a political
party. This is where the system change is quite significant in order to make section 65 more
consistent with electoral system.
4. Currently, under the FPTP system the provisions for changing boundaries do not rest with
MEC, it rests with Parliament. This is done every five years. MEC has no authority to impose
the boundaries. MEC can change the boundaries (that is reducing the number of
parliamentarians) but this requires the authority of Parliament. This is where the challenge lies.
5. Reducing the number of seats is a politically sensitive issue. Technically the tools are available
both under FPTP and PR. Under FPTP it can be contentious because individuals would feel
they are being targeted.
6. The president is not per se a member of parliament therefore section 65 would not have
implication on the president.
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3.3 SESSION THREE: ELECTION MANAGEMENT
Mr. Willie Kalonga, MEC Chief Elections Officer and Dr. Nandini Patel, Member of Mtendere
Electoral Support Network
3.3.1 Presentation One
Presenter: Willie Kalonga, CEO, MEC
After the 2014 elections MEC went into a time of reflections/soul searching. The commission
went to all districts to consult the electorate.
3.3.1.1. Key Issues
From the challenges faced during the May 2014 tripartite and earlier elections, some sections of the
law are recommended for review while in some areas it is proposed for enactment of entirely new
legislation.
The following observations were made and subsequently are put forward:
i. Demarcation of Constituencies
The guidelines for demarcation of constituencies in the Constitution are not supported by provisions
in in the PPEA and LGEA Acts to support the process.
Should city constituencies be treated the same as those in rural areas
ii. Period for the announcement of results
PREAMBLE
Two papers were presented in this session. The papers addressed the issue of MEC’s independence
from three angles. Firstly, with regard to autonomy of having the powers and the ability to ensure
free, fair and credible elections; secondly, on the composition of MEC: Consider the models of
Election Management Bodies – They can be within the government and still be well staffed and
funded and function without any hindrance or they could be completely private or they can be
mixed. Malawi needs to appraise different models and identify which one/s would be most suitable
and thirdly, autonomy and powers for regional and district MEC offices. The regional offices of
MEC do not exercise any powers to address issues arising there and then. This has to be addressed
though effective devolution of powers and responsibilities. The papers also discussed processes
undertaken by MEC when delegating responsibilities to non-state actors such accreditation for
CVE and election monitoring. At the end the papers key recommendations were made. These are
appended in the summary of presentation and annexes.
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The law currently provides that results of all the three elections should be announced within eight
days of the last day of polling. The need for tripartite elections have tremendously increased the
volume of results to be managed by the Commission this creates strain on the time.
iii. Media Access
Need for a mechanism to sustain MBC’s opening up to all election contestants.
iv. Campaign Finance
There is need to curb “naked distribution of money. If not curbed, it can undermine the integrity of
electoral process and cripple democracy”.
v. Diaspora Franchise
There is no provision for external voting which means people in the diaspora have to come home and
be physically present in order to participate in elections if they want.
vi. General Election date
There is need to change the elections dates from May because most parts of the country still receive
rains during this month and the roads are not passable.
vii. Participation of women in elections
Learning from other countries, Malawi could adopt some measures to ensure equal representation of
men and women in Parliament and Councils.
3.3.1.2 Key Recommendations
a) Pieces of election laws: It would be prudent to consolidate the two laws (PPE and LGE Acts) into
one.
b) Referendum Act: A referendum Act should be drafted and enacted into law to guide the
Commission.
c) Demarcation of Constituencies: The PPE Act should be amended to have a provision on
demarcation that will guide the Commission when demarcating constituencies so as to avoid
ambiguity and inconsistencies.
d) Period for the announcement of results: With tripartite elections, this law must be reviewed to
enable the Commission have sufficient time to review complaints lodged before announcing
results.
e) Media Access: There is need to support the ongoing review process of the Communications Act
to provide for a more independent MBC and media in general.
f) Campaign Finance: There is need to support the enactment of the Campaign Finance Law which
will regulate campaign financing.
g) Diaspora Franchise: Malawi should study the practicability of external voting as done in South
Africa and Mozambique. Thereafter it can be recommended for a law allowing external voting.
h) General Election date: the polling day should be shifted to September when there are no rains
and most of the roads are rehabilitated by this time.
29
i) Participation of women in elections: Malawi should study the practice in Kenya and Uganda
and then come up with a law either proposing reserve seats for women or a quota system.
3.3.2 Presentation Two
Presenter: Dr. Nandini Patel, Executive Member, Mtendere Electoral Support Network
3.3.2.1 Summary of Analysis of Elections management Issues
Dr. Nandini Patel raised a number of issues related to the elections management body - the Electoral
Commission. Firstly, she pointed out that the MEC strategic Plan (2013 – 2017) show a number of
important deficiencies in the functioning of MEC as an organisation which have affected the
relationships and atmosphere within MEC, its effectiveness and MEC’s reputation. Apparently there
is mistrust and poor communication between the Commission and the Secretariat. Secondly, she
observed that there are gaps in management as well as operational and logistical structures. “Almost
all the 2014 TPE reports refer to the lack of structural capacity of MEC to carry out some key
operations activities like” voter registration and verification, distribution of polling materials on
election’s day, vote count and tally. UNDP increased the level of technical support to MEC in form of
consultants necessitated by serious capacity challenges in the MEC secretariat.
She also observed that MEC’s as a constitutional body is independent to the extent that it can perform
its functions and exercise its powers independently of any public office, or any organ of government.
However, the Electoral Commission Act Section 6(1) makes the Commission answerable to and
report directly to the President on the overall fulfilment of the functions and powers of the
Commission. She added that the independence of MEC has also been questioned in the way the
Commissioners are appointed, and in the way MEC gets its funding. Furthermore, the office of
Commissioners has fallen vacant for long periods of time due to undue delays in their appointments
causing discontinuity in the electoral process.
3.3.2.2 Key Recommendations
3.3.2.2.1 MEC’s Organisation and Management
a) Communication strategy to allow MEC to address internal communication gaps from Head
Office down to district Offices was intended to be achieved by 2013 in time for 2104 TPE. It
has apparently not been achieved.
b) There is need to clarify of the roles between the Commission and the Secretariat.
c) Trust building and dialogue between MEC and other stakeholders including development
partners.
d) Decentralisation of MEC: Enhanced and visible role of MEC regional offices.
e) A legal department at MEC to be set up.
f) Efficient recruitment process of secretariat staff at all levels.
g) Recruitment of the Chief Elections Officer (CEO) to be based on criteria ensuring
qualification, competence, and integrity.
h) Capacity building for district level MEC office.
i) The composition of the EMB should be representative of the society, and the body should
30
comprise at least 30% women.
j) Effective financial management systems in place.
3.3.2.2.2. Independence of MEC
a) Appointment of Commissioners through a selection process based on merit and professionalism.
b) Consideration should be given to appointing independent persons known within the society for
their integrity.
c) Government must ensure adequate funding of the EMB in order for it to deliver credible and
legitimate elections.
d) It would be useful to have at least one of the commissioners to be a person who holds or has held
high judicial office (a high court or Supreme Court judge).
3.3.2.2.3 Accountability of MEC
a) A percentage of EMB commissioners should be full-time members in order to ensure
organisational and institutional continuity.
b) The EMB should be accountable to the National Assembly/ Parliament through, for example, the
Public Accounts Committee and should be required to report to the national legislature annually
on its activities.
3.3.2.2.4 Demarcation, Voter Education
a) More research is needed not only on the extent of Malawian malapportionment, but also the
political consequences.
b) Setting up of a Boundaries Commission. Countries smaller than Malawi have such a Commission.
c) Continuous voter registration process.
d) Introduce National ID system.
3.3.2.2.5 Solution Options on Polling day Logistics
a) Release of voters roll on schedule according to the electoral calendar.
b) Confirmation of receipt from political parties that they had received voter rolls in time to carry out
inspection.
c) Improve Polling day logistics:
d) Accuracy of quantity required for sensitive and non-sensitive materials.
e) Reliable arrangement for transportation of material in close collaboration with government,
donors and selected private sector agencies.
f) Transparency measures in procurement process.
3.3.2.2.6 Efficient Results Tabulation
a) Realistic assessment of number of polling staff required for the whole exercise.
b) Payment of allowances to keep the morale of the staff for a long and tedious exercise.
c) Selection of suitably qualified and trained personnel to carry out the results tabulation
electronically.
d) Clarify mandate for announcement of unofficial results by private radio station with the sanction
of MEC.
e) Polling officers to compulsorily obtain endorsement on result sheets by all political party
31
monitors.
3.3.2.2.7 Electoral Complaints
a) Enhance the punishment for electoral offences.
b) Establishment of special courts/tribunals to decide election petitions and also cases against
candidates to be disposed within 6 months.
c) Sitting members should also be disqualified if they have a charge sheet for an offence.
d) Person with charges of offences punishable for two years or more should not be allowed to
contest elections.
3.3.2.3 Plenary Discussion
32
PLENARY DISCUSSION
Participants made the following comments and observations:
1. Some of the information used in the presentation was from 2009 elections. It is therefore not relevant
to 2014 elections. The current MEC management took strides to address HR challenges
2. You said you had proposed extension of days (10) would this resolve the problem we had in the
2014 elections. Is the 10 days proposed enough?
3. When will UNDP stop giving us technical advisors?
4. Which was the best media, MBC or ZBS?
5. What will be a good model of announcing elections results? Giving prominence to Presidential
results or parliamentary and ward councillors’ results?
6. What criteria did MEC use when appointing ZBS as official broadcaster?
7. Which is the best country in terms of EMB independence?
8. Why don’t we move away from staggered registration to doing registration in one period?
9. You proposed that we move the month of elections to July or August when these months are very
hot? Did you consider a woman with a baby on her back when making this proposal?
10. We needed a law on referendum now.Why did you propose in three years’ time?
11. How do we get through to Parliament with these proposed reforms if Parliament is a hindrance
according to the Chief Elections Officer’s presentation?
12. Is the electoral reform in Malawi complete without mentioning the youth? “Because we are the ones
who burn tires on the street when things go bad.”
Responses 1. Reference is made to statistics in the 2014 reports by NICE, MESN etc. that there was inadequate
staff at the polling centres.
2. MBC is legally an official elections broadcaster while ZBS was accredited by MEC to announce
elections results. In general the media improved in 2014 elections.
3. We regard the president’s office as the most important. Therefore we announce the biggest election
first and then the other later. We will continue with the model.
4. There are several pillars of independence one of them is finance. South Africa and Zambia are two
good examples. In These countries the government funds their budgeted amounts all at once. In
Malawi when Parliament passes the budget it is not the end of the story. We have to negotiate every
month for funding in an elections year.
5. What was the impact of donors in the 2014 elections
6. They provided most of the funding, technical assistance. We appreciate the work of donors.
7. MEC would like to have a standard registration so we can do it in seven days. Other countries like
South Africa still use the staggered method. This is very expensive though.
8. If we do not adopt the electoral cycle all our proposals will not work.
9. The youth should come to MEC with whatever proposals they have for reform. MEC is very open to
ideas from the youth.
10. August or September is better than May or June because early morning and evening is dark in May
11. We should not look at democracy from the institutional lens where we give power to institutions
rather we should at democracy from the participatory lens where we give power to councillors, then
MPs and finally the president.In this caseannouncements of election results should start with
councillors’’ elections that’s where most of the people are.
12. MEC Independence - Independence is defined in two, autonomy, free from interference and financial
independence.
We looked at MACRA media monitoring reports. These reports pointed to the fact that ZBS
was impartial in its coverage and had the biggest listenership.
33
3.4 SESSION FOUR: CIVIC AND VOTER EDUCATION
Presenter: Mr.Ollen Mwalubunju, Executive Director, NICE
3.4.1 Analysis of Key Issues In Civic and Voter Education
Since multi-party democracy, efforts have been made by state institutions such as the Malawi
Electoral Commission and the Malawi Human Rights Commission non state actors such as, MESN,
NICE, CCJP, PAC, etc. Reasonable progress has been made but there is still room for improvement.
On the basis of efforts made, a number of factors have been observed for analysis that have either
enhanced or undermined civic education. These include:
3.4.1.1 Co-ordination of civic and voter education initiatives
Co-ordination and networking of civic education providers has been considerably infective. This has
led to duplication of efforts. Complementarity and collaboration have also been a challenge leading to
a thin spread of resources on the ground besides not ably reaching the hard to reach areas, and
disjointed messages. Furthermore, sharing of human, financial and material resources has been a
challenge on short and long term civic education and voter education initiatives despite MEC
appealing to accredited service providers to network at both national and district levels.
3.4.1.2. Clear legal and policy frameworks for civic education
During the political transition period, the focus of civic education was to influence political changes
that were under way at that time. The Focus of CVE has remained narrow since the transition period
to multiparty democracy in 1993.There are no clear systems, policy and legal framework for civic
education.
3.4.1.3. Utilisation of existing structures
Existing structures, formal and informal such as ADCs and VDCs extension workers in forestry,
agriculture, education and health as well as farmers clubs, cultural ceremonies and faith based
structures among others have not been fully utilised in CVE and yet they could be cost effective in an
PREAMBLE
The paper defined civic and voter education and what these intend to achieve. The paper
also gave a brief background of civic and voter education initiatives undertaken during
pre and post multi-party era. A detailed analysis of key factors that have enhanced or
undermined civic and voter education within the work of state and non-state actors was
examined. The paper further explored ways in which service providers’ capacity
building, co-ordination and networking can be enhanced; and how civic and voter
education can be done in a cost effective and sustainable manner. On the basis of the
analysis, the paper highlighted concrete and practical recommendations for consideration
by the conference.
34
environment of dwindling donor funding.
3.4.1.4. Civic education curriculum and Malawi-specific Reference for Use by stakeholders
There is a civic education knowledge in the nation which has been at variance with the goal of civic
education, namely “to inform and empower citizens to enable them make informed choices on
issues,” largely due to the lack or the absence of a civic education curriculum and a Malawi-specific
reference for use by stakeholders. While progress has been made to include civic issues in the
education curriculum; social and environmental science for primary schools and social studies for
secondary schools, efforts should be made to reflect on the curriculum in order to ensure that all key
issues have been integrated for sustainability.
i. Adequate and sustainable funding
Adequate and timely funding for civic education has been a challenge from both the state and
development partners. This has to a greater extent undermined the quality and outreach of civic and
voter education.
ii. Social exclusion of marginalised groups
Areas of social inclusion in the electoral process seem not to have been well exploited. For instance
there has been much effort to have braille materials for civic and voter education for the blind.
Equally, there are no specially trained individuals on civic and voter education to work with the deaf.
iii. Specialisation among civic and voter educators
Not all CSOs who are involved in voter education are specialised in civic and voter education. A
number of them are involved in advocacy where they speak for certain groups of people or individual
thereby being partisan as they are unable to mount broad based debates that aim to promote a more
just society that is able to make informed decisions and choices5.
iv. Delivery without regard of the contemporary context
There are a multitude of civic education providers who do not have concerted plans on the current
issues and have at times resulted to reactionary responses e.g. ‘mass demonstrations’ as a way of
seeking attention if not popularity which in most cases have resulted in loss of lives and destruction
of property.
v. Methodology skilled personnel and civic education resources
In many cases, materials for conducting grassroots civic education have been inadequate and where
available, they have simply not been user friendly for some marginalised groups e.g. the illiterates.
Standardised materials are scarce and might also not be useful in the local context. For example, most
of materials produced have not been in the respective local languages.
5 Martin Ott& Edge Kanyongolo (ed), Democracy in Progress: Malawi’s 2009 PPE, p. 319
35
3.4.2. Key Recommendations
a) A team of experts in IEC and curricula development, and adult learning education should be
identified for the development of the curricula and civic education resource book.
b) Incorporate civic education in media and art training institutions. Lobby media and art training
institutions for inclusion of civic education issues into their training curricula.
c) Establish district cultural/civic education task teams to develop strategies of incorporation of civic
issues into social fabric.
d) A comprehensive training package and methodology should be designed and district training of
trainers teams be established to conduct TOTs within the existing structures for a wider outreach.
e) The Ministry of education and the Malawi Institute of Education should be engaged by civic
education providers to identify any gaps for intervention
f) Civic and voter education should be undertaken within the framework of electoral cycle approach.
Proposed action: MEC and civic education service providers should liaise to ensure that the civic
education provided also takes an electoral cycle approach.
g) Government should develop a civic education policy that would provide a framework for a
national coordinated effort and guidance for state and non-state actors. A civil society task team
should be established to work with government in the development of a civic education policy.
h) A Civic and voter education network/forum should be formed for effective collaboration and co-
ordination on civic and voter education issues.
i) Government should be lobbied to provide budget allocation for civic education to respective
institutions in its annual budget for civic education. A basket funding should be established for
both state and non–state actors for funding. Also a tripartite forum of civil society government
and development partners should be established for increased dialogue on sustained funding.
j) A consultative forum of civil society and all government agencies that facilitate the dissemination
of information should be established for a wider dissemination of information
State and non-state actors should design special program for the excluded groups and build
specialized skills of mobilization.
36
3.4.3. Plenary Discussion
PLENARY DISCUSSION
1. How much did civic education change the attitude of Malawians to change from voting on
regional lines to issue-based voting.
Response:
Two key fundamental indicators: voter turnout, level or number of null and void votes. It is not
only CVE that influences voting patterns but there are also other factors. These may not be
resolved over night by CVE but with time as voters continue to be empowered.
2. When accreditation is being done what is the criteria, are they given guidelines, are they
given a code of conduct?
Response:
The Commission has criteria for accreditation such as looking at experience, grassroots
structures, societal perceptions, general capacity, inclusion etc. There is a code of conduct for
CVE providers which is development in consultation with stakeholders, there is also capacity
building for CVE providers with guiding materials to ensure standardized CVE.
3. Focus on CVE for empowerment and not for information. The latter we have done for a
long time. Response:
Response
Indeed we need CVE that is empowering, that is transformative etc. For twenty years we have
been complaining that things are not changing. It high time that we need to examine civic
educators.
4. What is our analysis or rating of CSOs that were involved in CVE in 2014 elections? Some
might have already disappeared but will reappear in January 2019.
Response:
The commission does assess the performance of CSOs that are accredited. However, most
CSOs that were accredited did not access funding.
May be we also need to factor in the role of the private sector in CVE.
5. How much research is done after the elections political parties hold on to their elections
campaign issues considering that CVE is a continuous process and not only for voter
education?
Response
This could be an initiative for consideration under the proposed reforms.
6. How inclusive is NICE programming in terms of taking on bold other players?
Response: NICE is inclusive but there is still room for improvement
37
3.5 SESSION FIVE: GENDER AND ELECTIONS
Presenter: Dr. Ngeyi Kanyongolo, Consultant, NGO Gender Coordination Network
(NGOGCN)
3.5.1 Women and Elections
Dr Ngeyi Kanyongolo said that equality and non-discrimination are critical underpinning principles
for enhancing female participation in elections and added that such principles are not incorporated
into most electoral laws hence the proposal to incorporate the gender principles into laws.
She said the principles are not elaborated in the Malawi and political party constitutions, electoral
laws and gender equality act and that gender is not a condition for donor funding of elections. She
then proposed the inclusion of principles in constitution, gender equality act, electoral laws and
political party constitutions and also implementation of plans and provision of budget, mainstreaming
of principles in donor funding and civil society programmes.
Dr Kanyongolo said equitable demarcation is important in mitigating unequal and unfair electoral
playing field and said this creates limited guiding principles for the demarcation of wards and
constituencies hence the need to develop principles to guide in the demarcation process.
She also said there is no provision in the PRRA as prerequisites for registration that is why there is
need to amend the PPRRA in order to make provision against discrimination and exclusion. She
further said primaries disadvantage women candidates because of lack of intra party rules and
guidelines hence the need to amend political party registration and regulation act and ECA to
formalise the role of MEC in primaries so as to provide gendered primary elections guidelines.
Dr Kanyongolo observed that there are few women elected during primaries because of eligibility
restrictions on public officers and said there is need to review leave and other provisions and also
amend ECA, PPE and LGEA.
Other aspects that put women at a disadvantage she said include high financial costs, hand-outs and
also derogatory and insulting language which are a result of non-transparency in party funding, no
law against hand-outs, no gendered support to candidates and then she proposed a level playing field
by regulating party funding, outlaw hand outs in ECA and also amendment of political party policies
PREAMBLE
Dr. Kanyongolo looked at gender mainstreaming in the electoral cycle. She observed that there is
need for systematic and concerted effort in law, policy and regulatory electoral reform; integration
of gender analysis in the reform process emphasising that structural change is critical. She also
argued that there is need for a principled approach in legal framework, social – cultural change in
attitudes and behavior, inclusive electoral system for systemic change and affirmative action and
Quotas.
38
and constitutions. She also said irregularities undermine candidates’ voter confidence and also that
safety of women is compromised when voting in the evening that is why there is need for MEC to be
supported in order to strengthen accountability structures and outlaw night voting and also proposed
that elections be conducted in July instead of May.
In her presentation, Dr Kanyongolo said there is need to amend ECA and electoral observation
guidelines and codes of conduct in order to make sure there is equal participation of both male and
female monitors and observers and also to mainstream gender.
She said qualified personnel, parallel tally centres and transparency are important for voter and
candidates’ confidence adding inconsistencies in tallying process and system, time limits and
electoral malpractices demotivate women and said the Electoral commission and ECA acts need to be
reviewed so as to strengthen enforcement and accountability mechanisms.
She further said there is no systematic dissemination of information on complaints, insufficient
system to responding to complaints and access to high court legal process are costly and also there is
not gender disaggregation of data which in the end demotivate women. But then she suggested
introduction of ADR in electoral laws, review of MEC, ECA and political party policies and also
incorporation of time limits to handling of complaints.
She drew the participants’ attention to the limited time to deal with complaints and asked for an
extension and variation of announcement periods in ECA for PP and LG. Another observation was
that there is no mandatory post-election accountability system for EBM by MEC and an independent
body hence need for MEC to account to parliament and Electoral commission act and also ECA to
provide mandatory independent audit of elections.
She added that there is no specific law outlawing discriminatory cultural practices because of the
prevailing social and cultural practices that continue to perpetuate gender inequalities and then she
asked for enactment of laws and development of policies discriminatory and negative cultural
practices and also promotion of positive and customary laws through civic education because of the
skewed perception of customs and customary law and gender
She also pointed out that there are more women who register and turn out to vote because the aspects
of civic and voter education have not been systematically conducted as a matter of principle and
policy with a focus on men hence proposed incorporation of gender aspects in MEC and NICE voter
education policy and guidelines.
Dr Kanyongolo further said there is need to reserve seats for female candidates and also for
proportional representation and party list voluntary or mandatory because of the unfair system which
PPTP disadvantages the excluded including women.
In her conclusion Dr Kanyongolo called for systematic and concerted effort in law, policy and
regulatory electoral reform, integration of gender analysis in the reform process and also critical
structural change.
39
3.5.2. Plenary Discussion
PLENARY SESSION
Participants made the following reactions, observations and enquiries to Dr. Ngeyi
Kanyongolo’s presentation:
1. In your presentation you indicated that the reforms suggested that the qualifications for a
president were a degree but have been lowered to favour women participation. Will this
not affect the service delivery?
2. Which legislation specifically impedes on women participation in the whole electoral
process?
3. What is your comment on the 4th president’s remarks that women did not help fellow
women?
4. What stopped the 50/50 campaign from fielding women in 29 constituencies?
5. The issue of five women in Dedza
6. What does the meeting think about sitting presidents during campaign (before elections)
where others have proposed that they need to leave office 3 months before elections to get
rid of competitive advantage they always have?
7. What will be the best thing to do; review the ECA or public service conditions and why
are public servants barred?
8. Where do we regulate or place women dancers in light of engendered electoral law
reform?
9. How do you balance the issue of effectively representing women interests across the board
and the current advocacy for 50 percent women representation in politics which is mostly
looking at numbers?
10. Gender issues go beyond women as it focuses on excluded marginalised and vulnerable
sections of our society. Muslims in this country perfectly fit into these descriptions, is it
not high time that Muslim interests just like gender be mainstreamed in the context of the
current electoral law reform exercise?
11. Politics is about social inclusiveness, what affirmative action has NGO GCN taken to
ensure that women with disabilities are fully involved so that they get positions evenly
than on charity as we have seen in the past?
12. We are doing electoral reforms, how can we gender activists be protected from the
accusations that we always get from some people that we are partisan in our work as we
promote women in campaign period and not men?
13. Since it appears the presentation has endorsed the proportional representative model, does
your endorsement also take into account the political culture of this country particularly
the intra-party democratic tendencies prevailing that impede women participation in
politics?
40
3.3.3. Key Recommendations
a) Include principles in constitution, gender equality act, electoral laws and political party
constitutions and also implementation of plans and provision of budget, mainstreaming of
principles in donor funding and civil society programmes.
b) Develop principles to guide in the demarcation process.
c) Amend political party registration and regulation act and ECA to formalise the role of MEC in
primaries so as to provide gendered primary elections guidelines.
d) Review leave and other provisions and also amend ECA, PPE and LGEA.
e) There is need for MEC to be supported in order to strengthen accountability structures and
outlaw night voting and also proposed that elections be conducted in July instead of May.
f) Amend ECA and electoral observation guidelines and codes of conduct in order to make sure
there is equal participation of both male and female monitors and observers and also to
mainstream gender.
g) Review Electoral Commission and ECA acts so as to strengthen enforcement and
accountability mechanisms
h) Introduction of ADR in electoral laws, review of MEC, ECA and political party policies and
also incorporation of time limits to handling of complaints.
i) There is need for MEC to account to parliament and Electoral commission act and also ECA
to provide mandatory independent audit of elections.
j) There is need for enactment of laws and development of policies against discriminatory and
negative cultural practices and also promotion of positive and customary laws through civic
education because of the skewed perception of customs and customary law and gender
k) There is need for incorporation of gender aspects in MEC and NICE voter education policy
and guidelines.
l) Reserve seats for female candidates and also for proportional representation and party list
voluntary or mandatory because of the unfair system which PPTP disadvantages the excluded
including women.
m) Called for systematic and concerted effort in law, policy and regulatory electoral reform,
integration of gender analysis in the reform process and also critical structural change.
41
4.0 SESSION FIVE: GROUP DISCUSSION The participants were divided into four thematic groups to identify key issues for electoral reform
proposals. The following were the issues the groups identified:
4.1 Group 1: Electoral Systems
Key Issues
1. Presidential
FPTP 3 occasions less than absolute majority, only 2 times with absolute majority- Reform
options: FPTP or alternative voting or absolute majority; which option to go for? Things to
consider; what should be the threshold? What period between the election and the second round?
Possibility of coalitions in the constitution; we could escalate the eligibility criteria for
presidential candidature.
Further comparisons need to be made by the TWG on implications of TRS and amendment of
current FPTP as a proposal.
2. Parliamentary and Local Government (Council)
a) PR- size of constituencies (district level or national level?)- National level breaks connection
between MP and geographical area. The group proposes the district level PR. For councilors,
constituency level at the level of the council.
b) What is the criterion for someone to qualify for the list?
c) Multiple Member Constituency (MMC) e.g. 0.5% of eligible voters signing for a list.
d) Allow independents.
e) Problems with the FPTP system should be highlighted- gender, cost, wastage of votes,
boundary delimitation, national representation by political parties, including modification to
FPTP.
3. Gender mainstreaming.
a) Introduce a 4th ballot for women in all districts- or reserve a constituency in each district
for women
b) Problems of wheel chairing perceptions
c) For any electoral system a gender component should be included and problems of
legitimacy dealt with
d) What reforms need to be made?
e) A decision should also be made on the women representation.
f) Gender quota options to be explored with different systems, with legitimacy of female
42
winners as a major consideration.
Group 2: Civic and Voter Education
KEY ISSUES
1. Timeframe for VCE - Continuous rather than short term
2. Formulate and develop a National Policy on voter and civic education
3. Introduce Voter and Civic Education Matters in the school curriculum (Both formal and
Informal Curriculum)
4. Consolidation of Electoral Awareness Materials for use by all players in the electoral
management cycle i.e. Political Parties. These to be made available well in advance before
any election
Prioritised (Clear reform) Issues
1. Policy formulation on VCE
2. National Civic Education Strategy
3. Development and Review Generic Voter and Civic Education Materials
4. Consolidation/Compressing VCE into a Package for Awareness purposes
5. Identification of appropriate channels of Communication/ implementation including target
groups
6. Introduce a VCE Curricula in education system (Both formal and Informal )
7. Timely and adequate funding (by donors/Government) should be enhanced
8. Support towards capacity building for Electoral stakeholders
Group 3: Legal Framework For Elections
General Areas Identified for Reforms
1. Harmonization of all electoral laws
2. Reforming the Political Party Registration and Regulation Act
3. Management of Political Party Finances
4. 50- 50 representation
5. Minimum threshold for the inclusion of women
6. More time for MEC to complete the counting of votes
7. Strengthening of the independence of MEC
8. Clarity on the ambiguous laws
9. Reforms on the electoral system (consider the adoption of Two-Round System (TRS) on
specific levels)
10. Reforms on the appointments of MEC Chairperson and Commissioners (part-time or full
time, need for continuity , gender consideration, duration of term, consider a maximum
number of commissioners, is there a need for an electoral court )
11. Electoral funding
12. Reforms on timing of elections in terms of months and time
13. Law reform on transition
43
6.4 Group 4: Electoral Management Body
Key Issues
1. Strengthening the institutional capacity
2. Harmonisation of electoral laws
3. Adoption of a clear election cycle approach
4. Timely and yearly funding
5. Migrating from manual to biometric registration
6. The need for national identities
7. Changing polling date time
8. Adequate training of polling staff
9. Adequate polling centres
10. Effective transmission and management of results
11. Effective monitoring of the election process
12. Constituency and ward demarcation
13. Strengthening MEC at regional and district levels
14. Clarification of role between the Commission and the secretariat
15. Retaining 50% of the commissioners
16. Meritorious recruitment of staff with gender balance and adequate qualification
17. Filling all vacant vacancies
18. MEC should have their own premises and relocate to the capital city
19. MEC should have adequate mobility for its operations
20. Adopting best practices being used elsewhere in the SADC region
21. Strengthening and ensuring proper management of election materials throughout the electoral
process
44
5.0. FORMATION OF TECHNICAL AND EXPERT WORKING GROUPS At the end of the workshop, the conference appointed Technical Working Groups (TWGs) on
Electoral reforms. The TWGs will be responsible for critically analyzing the issues paper that were
presented as well as any other views that they may find important to be included and considered
for the electoral reform agenda in Malawi. The TWGs were grouped into the four broad themes the
conference conferred on. Each thematic group was to consist of 5 or 7 members.
The technical working groups will be reporting to the expert reference group. The ERG will be a
grouping of experts on each of the themes. The TWG will make presentation to the ERG and the
ERG will be responsible for compiling a position paper on electoral reforms in Malawi. This
position paper will be disseminated at the Second National Conference on electoral reforms.
Proposed Names to be in the Technical Working Groups
5.1 Electoral Systems
1. Emma Kaliya
2. Sean Dunne
3. Arthur Nanthuru
4. Unandi Banda
5. Robert Phiri
6. Veritas Kamanga
7. Olipa Muyaba
5.2 Civic and Voter Education
1. Robert Mkwezalamba
2. Mrs.Margaret Ali
3. Dr. Benson Tembo
4. Mrs Rose Anthony
5. Peter Chisi
5.3 Legal Framework for Elections
1. Moses Mkandawire
2. Paul Maulidi
3. Madalitso Mbendera
4. Adil Chilungo
5. Anthony Mkupira
6. Charles Banda
7. Willie Chaponda
8. Hon Chakhwantha
45
5.4 Electoral Management Body – The Elections Commission
1. Dr. Nandini Patel
2. Inkosi Yamakosi Gomani V
3. Felix Masekesa
4. Ibrahim Matola
5. Lester Chikoya
6. Yamikani Malunga
7. Dr. Henry Chingaipe
6.0 CONCLUSION
The conference closed at 1.30 pm on Friday, 12th
December having at the end of the conference the
following accomplished: themes for position paper were identified; consensus on key areas for
electoral reforms was arrived at; delegates to the conference put forward names of people to be in
the technical Working Group on Electoral Reforms; the conference gave the TWG and the ERG
mandate to work on the discussed themes.
The Deputy Country Director of the National Democratic Institute (NDI) Ms. Sandy Quimbaya
officially closed the conference. She thanked the delegates for actively participating in the
deliberations. She also thanked the National Task force and MESN as a secretariat of the task force
for preparing tirelessly for the Conference and that as NDI they are looking forward to the success
of the Electoral Reform Agenda in Malawi.
46
APPENDICES
APPENDIX 1:
MALAWI ELECTORAL SUPPORT NETWORK (MESN)
SPEECH BY MESN CHAIRPERSON
Guest of honor, Minister Lands, Housing and Urban Development, Hon. Bright Msaka, SC.
Malawi Electoral Commission Chairperson, His Lordship Maxon Mbendera, SC and all
Commissioners
British High Commissioner- His Excellency Michael Nevin
Resident Coordinator, UNDP, Mia Seppo
Your Excellences, Heads of Diplomatic Missions
Representatives of various development partners
The Resident Country Director for NDI Malawi, Mr. Taona Mwanyisa
Heads of various ministries and government departments
Representatives of Civil Societies Organizations
Representatives of Political Parties
Paramount chief Kyungu
Inkosi ya Makosi Goman V
Representatives of Religious bodies
All task force members on Electoral Reforms
Representatives from Media Houses,
The Academia
Ladies and Gentlemen
Allow me to start by borrowing the words that the 16th president of United States, Abraham
Lincoln once said that “Elections belong to the people. It's their decision. If they decide to turn their
back on the fire and burn their behinds, then they will just have to sit on their blisters.”
P.O. Box 51154, Limbe Cell : 0888 325582
:0995 689 033
Email:[email protected]
Website : www.mesnmw.org
47
Let me welcome you all to this national conference on electoral reforms in Malawi; the first of its
kind after the May 2014 tripartite elections. Feel free and be assured that your presence and
participation will make a big difference in shaping the electoral reform agenda.
Our Guest of Honour Ladies and Gentlemen, the 2014 tripartite elections were the first ever
tripartite elections in Malawi, and have left us a legacy; yes it may be that the emotional aspect has
stabilized, nevertheless we have so much to put in order before the country could hold second
tripartite elections in 2019. Am pretty sure that most of us in here do recall so well the challenges
faced in the last elections. Thus, the lessons we have learned from the May 20, 2014 tripartite
elections, should encourage us to think on how best Malawi as a country can hold better elections
which are genuine democratic elections.
Our Guest of Honour, Ladies and Gentlemen, soon after the May 20 tripartite elections, many
organizations including MESN held conferences to reflect the way the elections were held. Several
challenges that the elections faced came out.
We are not saying that the elections were a total fail, no, but the challenges that were faced out-
numbered the successes. These were identified through several conferences and meetings that
MESN held soon after the tripartite elections and these meetings include the post – election review
conference and regional dialogue meetings that it held in all the three regions of Malawi. From
those meetings, it is clear that there is need to have reforms of our elections so that we should hold
better elections in 2019 and beyond.
Our Guest of Honour ladies and gentlemen, it is necessary to start the process of electoral reforms
now and not later. And we should not wait for someone to come and tell us that this is the way to
go. That is why we have gathered here to deliberate possible electoral reforms in Malawi.
Electoral Reform is a broad term that covers, among other things, improving the responsiveness of
electoral processes to public desires and expectations.
The primary goal to these reforms is to improve electoral processes, such as promoting enhanced
impartiality, inclusiveness, transparency, integrity and accuracy among several others.
Our Guest of Honour, ladies and Gentlemen, MESN as it was conducting its post- election
activities, learned and recognized with much appreciation the work that MEC and other civil
Society organizations had been doing in the area of electoral reforms. So MESN later called for a
consultative meeting with all the stakeholders that were conducting electoral reforms activities.
At the end of that meeting, the stakeholders agreed on the importance of working together as a team
so as to have one voice, hence formation of the task force on electoral reforms. A plan of the
activities that the task force thinks will lead the implementation of electoral reforms was drawn and
one such activity is this national conference that we are conducting today. The membership of the
taskforce is as follows:
48
Malawi Electoral Commission (MEC)- Co-chair
Malawi Electoral Support Network (MESN)- Co-chair
Public Affairs Committee (PAC)
Centre for Multiparty Democracy (CMD)
National Initiative for Civic Education (NICE)
NGO Gender Coordination Network
Ministry of Justice and Constitutional Affairs
Malawi Law Commission
Malawi Human Rights Commission
Ministry of Local Government and Rural Development
United Nations Development Programme (UNDP), and
National Democratic Institute (NDI)
After analyzing the previous observations and recommendations, the taskforce team identified four
themes which will be the heart of discussions at this conference. These themes are; Electoral
systems, Legal framework, Election management, and Civic and Voter education. Gender
mainstreaming is critical in all these themes. The task force is only facilitating a process, through
which proposed reforms based on the identified themes will be discussed, analysed, and specific
areas requiring reforms identified.
For instance, we hope that this conference will analyze the current electoral framework in Malawi
through development of recommendations for possible electoral reforms, making specific
recommendations to government on alternative structures for MEC, aligning electoral reforms to
international and regional standards in total recognition of local economic and political status, and
putting into consideration the recommendations made by international and local election observers
and monitors during the past elections.
Malawians are eager to have in place a framework that will make the electoral process more
credible and suited to their desires and expectations; politicians want a framework that is free from
interference and manipulation so that there is impartiality, accuracy and fairness; development
partners long for a more democratic system which is conventional and acceptable; and we hope that
government should be in the forefront to advancing traits of transparency, inclusiveness, and
integrity. Our Guest of Honour ladies and gentlemen, we believe that genuine democratic elections
are possible in Malawi.
We are greatly privileged with a vast representation from all corners of our Malawian society; we
have among us representation from government, development and international partners, political
parties, civil societies, faith-based organizations, academia, security agents, media, traditional
leaders, youth and women groups.
We are very thankful to government for the support it has rendered to the process so far as
evidenced by the presence of government ministries and departments in the Task force. It is our
hope that the presence of the Minister of Lands housing and urban development is further testimony
49
of government commitment to the electoral reforms agenda. Hon. Minister we really appreciate
your presence and participation at this conference.
Let me extend my gratitude to UK Aid for their financial and technical support through National
Democratic Institute (NDI) and this has made it possible for MESN to conduct independent citizen
observation effort through the implementation of the Parallel Vote Tabulation (PVT) for the 2014
tripartite elections, but also for us to have this conference.
Thanks should also go to taskforce members for their time and contributions. This is just the start of
our electoral reforms process, we need more resources and commitment from all task force
members, government especially the Executive and the Legislature. As for the development
partners we need your technical and financial support now.
May the good Lord bless you all,
God bless Malawi
Thank you
50
APPENDIX 2:
NATIONAL CONFERENCE ON ELECTORAL REFORMS
11 DECEMBER 2014
OPENING REMARKS BY BRITISH HIGH COMMISSIONER, HIS EXCELLENCY
MICHAEL NEVIN
Firstly, let me commend the formation of the task force to take forward electoral reforms. It is clear
that there is both a need and a demand for reform, learning the lessons of the 2014 and previous
elections. But it was not clear how this was to be taken forward. The coming together of such a
broad range of interested parties, and including the executive, in this task force is to Malawi’s credit
and a fantastic example to other countries, projecting Malawi’s strengths as a peaceful democracy.
Secondly, the meeting is timely. As other issues gain immediacy and the experience of the tripartite
elections fades, so might interest in electoral reform. But that would be a mistake. If Malawi is to
adopt an electoral cycle approach – which many would encourage - then reforms need to be
considered now. Nor is it desirable to wait 2 years or less before the 2019 elections and risk
insufficient clarity and preparations in a heightened political atmosphere.
Thirdly electoral reform should be part and parcel of a wider reform process that this country needs
and which this government has committed itself to deliver. 50 years after independence; 20 years
after the introduction of multi-party democracy, different voices in the country seem united in
wanting transformation. We share their push for “business unusual” to be more than new rhetoric
and to be delivered.
The challenge for this government, this parliament, today’s officials, Malawi’s state institutions,
civil society and others, is whether that will be delivered. Will we see fundamental and sustainable
electoral, constitutional, public sector, public finance management, economic, business
environment and agricultural reform? Will there really be a change in political culture, a
responsive and engaged government, a reduction in corruption and promotion of human rights?
Will 2014 go down in history as the start of fundamental reform and regeneration in Malawi, or will
it be marked as a lost opportunity?
Electoral reform should therefore be seen as part of a wider transformational agenda. But, as in
other areas, we have been here before. One only has to recall the 2007 constitutional reform review:
what happened to that?
Even in the realm of elections, one only has to refer to the 2014 EU Observers report which noted
that many of the recommendations in that report are repeated from the 2009 and earlier observation
reports, because they remain unimplemented. No wonder that scepticism is high and that proof is
51
now needed through the doing, and no longer simply the promise or commitment to do.
However, diplomats are eternal optimists. And there does seem a mood for reform, from the
President, civil society, the private sector and most of all, the Malawi’s citizens.
So this conference is an opportunity to add momentum to change. The trick going forward is to
deliver realistic, value adding change to address the right problems, while preserving the many
positives from the last elections, such as:
- one of the most peaceful elections in Malawi’s history;
- one of the most transparent elections in Malawi’s history, with the Malawi people
able to vote freely;
- the lowest number of null and void ballots in Malawi electoral history;
- more issues-based campaigning and public debates, with less mud-slinging among
candidates;
- a more open state media.
But improvements to the delivery of elections are undeniably needed. Reform is essential. There do
need to be administrative and legal reforms. And there is a healthy debate about the electoral
system itself. How deep reform goes depends on the will of all stakeholders involved, especially the
political leadership, and the strength of demand from Malawi’s citizens.
Electoral systems and their management differ from country to country. The system in the UK is
different from other parts of Europe, the US and in many African countries. However, the
principles should be the same: fair, transparent processes that enable the will of the people to be
heard, delivered efficiently and effectively, within a peaceful environment for the furtherance of
democratic and accountable governance. I therefore have no prescription but encourage
consideration of the following:
- Might it be more prudent and carry less risks – financial, logistical and political – to
develop investment against a 5 year elections cycle, rather than focus on the last few
months leading up to an election;
- How can costs be kept down, while delivering solutions to better electoral
management, but avoiding unnecessarily expensive and misplaced solutions. The
cost of Malawi’s elections is already high relative to countries of similar context,
and need to come down by up to $2 per voter.
- What kind of electoral commission does Malawi want and need – is, for example,
the current process of political parties nominating Commissioners preferable to an
openly recruited group of professional Commissioners? Should they be full time or
part time? And when should they be appointed (is appointing them within two years
of an election sensible? Should there be staggered appointments to ensure some
continuity?)
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- How might governance of the electoral commission be strengthened so that
performance and trust improves without impinging on independence? Within a
programme of public sector reform, how can officials be more accountable for
performance, recruited and promoted on merit, dismissed when failing to deliver,
while insulating them from political influence? In this regard, it would be useful for
MEC to provide conclusions on its operational performance following its own
internal review.
- How can MEC be strengthened to ensure its financial management systems are
robust and secure and expenditure is on what is needed, not on what is desired, but at
the same time not leave itself open to the funding whims (and therefore risk
manipulation) of the ruling party in government, and indeed of donors?
- Rather than an expensive, intensive registration process, should voter registration be
continuous? Should it be linked to a national identity card system? In this regard, I
note that H.E The President has announced that government will fast track a national
identification and registration system.
- Do the electoral laws on registration and voting ages need clarity and
harmonisation?
- Should there be laws on political party and campaign financing, which introduce
much greater transparency and which might have a positive impact on corruption? I
understand CMD has a draft ready which has the support of all the main parties.
- Should the giving, and receipt, of handouts also be outlawed?
- How can use of state resources for campaigning be effectively curtailed to encourage
a more even playing field?
- Should MEC be given more time to consider complaints
- Should it be given more time to organise by-elections, or have a set period for the
holding of all by elections together, say twice a year, for more efficiency?
- Does the role of an MP and councillor need to be more clearly defined and
separated? For that matter, does there need to be more decentralisation of powers?
- Do the citizens need to change their expectations and demands of elected officials,
including constituents expectations of personal financial support from their elected
officials?
- What should be done with Section 65? Strengthen or scrap it? Tangentially related,
should the issue of a President or Vice-President changing political party mid-way
through their term be unequivocally dealt with under the Constitution? Or is the
Constitution and precedent clear enough?
- More fundamentally, after 20 years of experience, is the current electoral system
right for Malawi or is there a system that will better respond to the underlying issues,
which perhaps have given rise to the current debates about federalism and executive
power?
- Is there a different system or approaches for ensuring that more women get in to
political office?
53
- Should there be more time before a swearing in to allow for court challenges?
- Recalling the grey areas encountered in the last election, is there a need to more
clearly define “public office”; to be clearer on appeals and replacements when a
party’s nominated candidate fails to pass scrutiny by MEC; should MEC be given
more time to consider complaints? Should the complaints system be enshrined in
law? Can MEC reopen ballot boxes without asking the permission of the courts?
Should there be counting at night, or could it wait until the next day when people are
less tired and there is daylight?
- How can we ensure state broadcasting neutrality?
- Should there be regulations on opinion polls? Is it realistic in this global age of
social media?
- How can we ensure that electoral result forms are signed, posted and duplicates
given out to party representatives to avoid any dispute?
- What is the best form of results management system suitable for Malawi?
- Should there be a dedicated elections related court, with enforcement of clear
timelines to deliver and hear petitions?
That is a very long list. No doubt the task force has other issues. In going forward, I would
encourage a strategy that focuses on early wins for those elements that are relatively
straightforward, either administrative or legal, while debating the more fundamental issues around
the electoral system.
But most of all, make it happen. There does need to be wide consultation, but perhaps more on
some issues than others. I fear endless committee meetings and debates will only get so far.
Remember, this is meant to be Malawi’s age of action and delivery. So, I would suggest, set a tight
but realistic deadline to achieve reform well before 2016 to live up to that promise.
Thank you.
54
APPENDIX 3:
SPEECH DELIVERED BYJUSTICE MAXON MBENDERA SC
FIRST NATIONALCONFERENCE ON ELECTORAL REFORMS
11TH DECEMBER 2014
SEGOCOA GOLDEN PEACOCK HOTEL,
LILONGWE
•Guest of Honour, Honourable Minister of Lands and Housing, and also Deputy Chairperson of the
Cabinet Committee on Legal and Parliamentary Affairs, Hon Bright Msaka, SC
•My fellow Commissioners from MEC
•The Task Force Co-Chairpersons: Commissioner Emmanuel Chinkwita-Phiri from MEC and Mr
Steve Duwa from Malawi Electoral Support Network (MESN)
•The Attorney General, Hon Kalekeni Kaphale
•The Solicitor General and Secretary for Justice, Dr Janet Banda
•All members of the Task Force on Electoral Reforms which are MEC, MESN, MEC, CMD, PAC,
NICE, NGO/GCN, Malawi Law Commission, UNDP, Ministry of Justice, Ministry of Local
Government, Malawi Human Rights Commission, NDI
•Heads of Diplomatic Missions and Development Partners
•Representatives of various Political Parties
•Paramount Chiefs
•All Conference delegates
•Members of the Press
•Ladies and Gentlemen
Greetings to you all.
Our guest of honour, distinguished delegates, I should start by expressing my profound gratitude for
the opportunity to make this speech at this first-ever national conference on electoral reforms after
the May 2014 Tripartite Elections.
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Reflections on May 2014 elections
The Tripartite Elections, being the first of their kind, came with their own unique challenges in
terms of legal provisions and administration. However, I am glad that despite all what we faced, we
managed to get through the process and now we have a government, parliament and local councils
in place.
Now that 2014 elections are gone it is right and proper that we start focusing on the next elections.
As Malawi Electoral Commission, with support from our partners, the EU Democratic Governance
Programme, we took up an initiative to meet with stakeholders at council level to get their
feedback. We targeted the councils because often they are not given an opportunity as such most
endeavours to get feedback target national level institutions. The meetings with stakeholders at the
council level were so enlightening and informative. Stakeholders raised many issues on legal
provisions and administration of elections. The Commission has compiled all the observations and
are covered in a presentation to be made.
Distinguished delegates, the Commission also notes that other stakeholders and of special mention,
the Malawi Electoral Support Network (MESN) conducted post-elections review meetings. In my
salutation, I have mentioned of a taskforce. The task force provides a platform for all the reports
from these meetings to feed into the process of electoral reforms. We now take the 2014 elections
as a launch pad to improve the quality and administration of elections in the country for 2019 and
beyond.
The Commission has already started working on some of the challenges faced during May 2014
elections as we move towards 2019. Everyone here is aware of the challenges that we faced with
operating the Result Management System (RMS). We have worked around that, basically, it is
intensive training for Presiding Officers and those operating the RMS and you may wish to know
that the same system was used for the October 7 by-elections and everything went on smoothly. We
are becoming optimist for 2019 to have the system work perfectly.
Why taskforce on electoral reforms
Our guest of Honour, Distinguished Delegates, the task force was formed to coordinate the process
of implementing the reforms. We realize that no institution can go it alone and if we are all
implementing our activities in an uncoordinated manner, the purpose may not be achieved.
Although not everyone can be included as a member, attempts have been made to draw
membership from all the spheres including government departments, non-state actors, development
partners, special interest groups and the MEC itself as a constitutionally mandated body to conduct
elections.
The electoral cycle approach
Everyone is talking of the electoral cycle approach to elections management. Our guest of honour,
56
distinguished delegates, allow me to mention that this concept is well expounded in MEC’s
strategic plan covering 2013 to 2017. As a Commission, we already planned to take this direction
even before the May 2014 Tripartite Elections. This is the international standard practice to
elections management. I am glad that none of the stakeholders is holding the opposing view;
everyone seems to support this approach including the State President. Immediately after assuming
office he said the preparations for the next elections should start now. As we gather here, we have
started the preparations for the next elections; there will not be a kick-off meeting.
Now as we talk about the electoral cycle approach, it should be appreciated that it is not for MEC
alone, but every electoral stakeholder. MEC does not generate its own funding and that means
government should adopt the cycle approach in funding for electoral activities, so too should our
Development Partners who contribute to the basket fund or directly to MEC. MEC works with
accredited CSOs and these should do the same. We always have challenges because after elections
some of the CSOs diversify into other issues far from elections and only to re-appear a period close
to elections. In some cases they are not to blame because even donors have not been keen funding
projects to do with elections in between the ballot period. So as you can see, the success of the
cycle approach hinges on us all.
Conclusion
The Commission is committed to any initiative that will enhance the integrity of the electoral
process, enfranchise of the electorate and in general; encourage participation of women who are in
majority of the voters, and improve the administration of elections in the country. Any hindrance to
participation of electoral activities should be reviewed now. During the May 2014, we tried as
MEC to create more centres as one way of taking election closer to the people but we could not go
beyond the borders because there was no enabling legislation. This was despite the calls from the
Diaspora for them to be given an opportunity to participate in elections.
I should thank the National Democratic Institute (NDI) for providing the resources for us to meet
today. To every one of us I thank you for coming. This is the time for you to speak out whatever
you have.
May God bless you
Bless our Mother Malawi
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APPENDIX 4:
SPEECHBY THE MINISTER OF LANDS, HOUSING ANDURBAN DEVELOPMENT AND
DEPUTY CHAIRPERSON OF CABINET COMMITTEE ON PARLIAMENTARY AND
LEGAL AFFAIRS,
HON. BRIGHT MSAKA, SC.
ATTHE OPENING OF FIRST NATIONAL CONFERENCEON ELECTORAL REFORMS
ON 11TH DECEMBER, 2014 ATGOLDEN PEACOCK HOTEL, LILONGWE
•The Chairperson of the Malawi Electoral Commission, Justice Maxon Mbendera, SC.
•The Chairperson of Malawi Electoral Support Network (MESN) Board, Mr. Steve Duwa
•The Moderator of this Conference, Dr. Henry Chingaipe
•Your Excellencies, Members of Diplomatic Corps
•Representatives of the Government, International Partners, Civil Society, Polictical Parties,
Academia, Malawi Law Society and Traditional Leaders
•Members of The Media
•Ladies and Gentlemen
First of all, allow me to thank The British Government and Department for International
Development, (DFID), for providing funding for this very important national conference. I would
also like to avail myself of this opportunity to thank the Un Resident Coordinator, the UN family,
and all development partners for your support: financial, material, technical and moral, during our
last general elections. We could not have done it the way we did it without your support.
I begin my statement by misquoting and paraphrasing Harry Truman. ‘It is not the hand that signs
the laws that holds the destiny of our nation. Rather it is the hand that casts the ballot’.
Who holds the destiny of the Malawi nation? And how is that achieved?
Mr. Chairman, Ladies and Gentlemen, upon taking office in May this year, His Excellency
President Professor Arthur Peter Mutharika called upon this nation to immediately start preparing
for the 2019 general elections. Why did he make this call? This is so because, our democracy, like
love, can survive all manner of tribulations. But like love, our democracy cannot survive our
neglect. And like love, our democracy cannot survive our indifference.
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We are here today, in answer to the president’s call, and certainly upon our own behest, to give the
much needed, and long awaited, attention to our electoral system, which is the bedrock of our
democracy.
Mr. Chairman, Ladies and gentlemen, I firmly believe that we must continuously strive to improve
our electoral system, and our democracy, and to make them serve us better. In my wanderings
across the globe, I have never encountered a democracy that is not in need of reform. Everywhere
on the globe, citizens in all nations, are striving, in one form or another, and to one degree or the
other, changes and improvements in the way they govern themselves. It would be a colony of the
dead where the inhabitants no longer strive for a better way of managing themselves.
We must therefore not be embarrassed to strive for the ideal. As Oscar Wilde saw it in 1891; a map
of the world that does not include Utopia is not even worth looking at; for it leaves out one country
at which humanity is always landing. And when humanity lands there, it sees another better country
towards which humanity sets sail. Progress is therefore the realization of endless Utopias.
Mr Chairman, Ladies and gentlemen, from the time of our self rule, we have spent a great deal of
time and effort criticizing ourselves, pointing out the shortcomings of our electoral system and
democracy, and exploring and exposing the incongruities and contradictions in our social and
demographic fabric. This is as it should be; because, in doing so, we do not undermine ourselves;
rather we set sail, like we are doing today, towards another Utopia: a better, happier, secure and
more democratic Malawi.
Behold! I am advisedly using the word ‘better’ instead of the word ‘different’. I believe we must
change or reform only if the change or reform results in a superior way of managing our national
affairs, in strengthening our democracy. We cannot bring about change merely because what we
seek to do is different. We must satisfy ourselves that the change we seek to effect is meaningful
and real and serves the best interests of all our citizens. We cannot seek change or reform in order
to give new advantages or to perpetuate old disadvantages.
Mr. Chairman, ladies and gentlemen, all democracies are different from one another. And it is naïve
and lazy to clone a democracy like Dolly the sheep. We should not unduly fashion our democracy
after the democracy of another country. No democracy is inferior to another if it serves well the
best interests of the people it was designed to serve. We should strive for a form of democracy that
serves the best interests of all our citizens- The citizens of Malawi.
Lest I be misunderstood, I am not discouraging us from looking at other democracies. As a matter
of fact, we should look at other democracies. Like the wise traveler, other democracies will either
help us to improve our own democracy, or to appreciate our own democracy. Further, by looking at
other democracies, we will learn lessons, and avoid making some mistakes that others have made.
They say democracy is difficult to define. That may be true. But certainly democracy is easy to
smell. However, one thing is imperative in all democracies. All democracies must have elections
59
that are the basis for the power to govern. And it seems to me that, however well governed a
country might be, it is not a democracy if those that are governing are not placed in power by the
will of the people. Elections are therefore the fundamental bedrock of any democracy.
And in securing a sound, lasting, peaceful and successful democratic Malawi, the quality and
integrity of our elections, the processes and the manner in which those that eventually govern, have
been elected, must remain a dominant theme.
Over the years we have learnt important lessons in the way we conduct our election. We know what
works. And we know what causes strife. We have had the benefit of the wisdom from several
Elections Observer Groups. We must draw upon these lessons to improve our electoral system. We
must retain what works. We must discard that which causes strife. We must change that which is
fundamental, while ignoring that which is sentimental. And we must learn new skills, including
addition arithmetic.
But how do we know that what we are intending to do is really what the people want? How do we
gauge the public mood? How do we ensure that we, gathered here, are not imposing our view and
our will upon this nation? Mr. Chairman, I have seen two different trends that are a cause for
anxiety in our nation.
On the one hand, it seems true that if you want to get your own way in our democracy, you must
agitate and make noise. And what in the end matters is not the strength or reason of your case or
argument, but the amount of nuisance you can cause. Such noise is often mistaken for the public
mood. Power therefore tends to move away from the inarticulate and silent majority, in favour of
various articulate and vociferous groups.
On the other hand, there is the exemplary reality of the innocence of our ordinary people; our
ordinary people who have a deep suspicion for what they consider abstract ideas, abstract
ideologies, abstract values, and unanchored inspirational sentiments; and who vote on timorous
emotions. Power therefore tends to move away from those with ideas, ideals, and values, towards
those that can take advantage of the innocence of the masses, and who can whip up the most
timorous emotions on the voting day.
Mr. Chairman, ladies and gentlemen, I firmly believe that the purpose of the electoral process and
politics in a free society, and more importantly, the purpose of a gathering such as the one here
assembled, should not be to focus public attention towards these two polarities, but rather to
honestly identify and clearly focus public attention towards the real issues that matter to our nation,
and upon which the people must exercise a free and democratic choice.
Mr. Chairman, Ladies and Gentlemen, I am mindful of the fact that, like the rest of mankind,
members of our electoral commission are descendants from the Garden of Eden; therefore, like the
rest of us, they are imperfect. However, in searching for the ideal independent and neutral Electoral
Commission, we yearn for individual members with a conscience uncorrupted by religion, a
60
judgment undimmed by partisan politics, a heart untainted by friendships, and sentiments unsoured
by animosities. Can we find such a type among political appointees? Imagine a football match
whose referee is the injured captain of one of the contesting teams.
I believe that becoming a democracy is easy. Remaining a democracy is more difficult. And
continuing as a successful democracy should rank among the fine arts. It is a difficult task. But
difficulty is not synonymous with impossibility. We must undertake the difficult task.
You are all gathered here to make our democracy better; our citizens happier; our nation more
secure. I am impressed and encouraged by the diversity of participation; and the strength of
attendance, and the height of interest in this conference. We must be guided by enduring objectives,
rather than exigencies of the moment. You have our nation’s collective destiny in your hands. You
must seize this moment to leave an indelible footprint on the democratic landscape of our nation. It
is an onerous responsibility. You must discharge it well. You owe it to posterity.
I wish you fruitful deliberations.
I therefore declare the conference officially open.
61
APPENDIX 5:
ELECTIONS LEGAL FRAMEWORK
Key Findings and Key Recommendations
1. It is evident that the electoral problems Malawi has experienced have largely
emanated from two sources, namely: the management of elections by MEC; and
the interpretation of the Electoral Laws. An analysis of the reported cases clearly
shows that the majority of the disputes have revolved around the interpretation
of the laws. As pointed out above, this is a sign that our laws are either
ambiguous, lack clarity and precision, perpetuate injustice, absurdity or
unreasonableness, run counter to popular expectations or fail to provide for
unforeseen eventualities. Therefore instead of pointing fingers at the courts,
there is need to refine the laws
2. Whereas it within the rights of the delegates here present to propose legislative
amendments to the role of the judiciary in electoral disputes, it is important to do
so on correct and honest assessment of the sources of our electoral problems. An
examination of the electoral disputes which have been brought before the courts,
clearly demonstrate that the same hinged on the correct interpretation of our
electoral laws. The delegates observe that there is need to fine-tune our laws to
avert the heartache of having to ask our courts to read into our statutes words we
did not put in. If we sharpen our laws, it may not matter which judge adjudicates
upon them the chances are that the decisions might be near to the same because
it will be based on clearly spelt laws. .
3. The consolidation of the electoral laws into one Act of Parliament makes a lot of
sense. A single source of all electoral laws is much easier to use as it does not
require an inter-Act cross-referencing. The only exception to this proposal will
be that there is still need to entrench certain provisions on electoral issues in the
Constitution. So issues of universal suffrage, independence of the Electoral
Commission etc., need to be left in the Constitution for better protection against
political manipulation.
4. The laws need to be reviewed and synchronized on the issue of voters’ eligibility
criteria. Perhaps Malawians need to examine the eligibility criteria and decide
what best suit them. It is generally strange for the law to allow any resident to
vote in Parliamentary and Presidential elections. Again, even where the law
extends this right to non-citizens, one would have expected that on those in
possession of Permanent Residence Permit would be allowed. The idea that
every resident [as in the case in s.6 LGEA] or every person who has been
resident in Malawi for at least seven years [as is the case in s.77(2) of the
Constitution] is eligible to vote irrespective of whether or not any such person is
a legal resident is absurd.
5. Based on comparative practice in other countries, delegates recommended that
need for the laws to clearly distinguish between the eligibility criteria for the
office of president and other lower political offices. Owing to the centrality of
the presidency to any country’s political governance, only certain categories of
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citizens are eligible to contest for that office. Zambia has a similar provision in
its Constitution which bars naturalized citizens from contesting for the office
president. The USA and many other countries have similar provisions.
6. Having looked at the practice on the ground, it appears that the easiest option for
Malawi is to abolish the notion of campaign period. We could accept the status
quo by allowing parties or individuals to campaign or in any way canvass for
support whenever they want. The law must simply regulate the manner in which
such campaigns will be conducted. Unfortunately, this may mean that MEC
would have to continuously monitor and regulate the conduct of political parties
and wherever necessary take disciplinary action against errant parties. This may
mean more work for MEC and may prove quite a costly exercise. However, in
view of the subsequent proposals from the electoral reform consultations
following the 2014 elections, the option of open campaign seems the most
workable arrangement than the present situation.
7. There is considerable public opinion that the use of hand-outs as a campaign tool
prevents the flourishing of an issue-based campaign as hand-outs divert people’s
attention from the substance of the party’s message. In some cases, the hand-outs
are a serious source of conflicts and incidents of outright violence. Given the
above situation, delegates strongly recommend that Malawi should put a law
banning hand-out-based campaigns. There are very persuasive reasons why
hand-outs should be banned as a campaign tool. It is important though to keep in
mind that this may be easier said than done. In fact what distinguishes a hand-
out from a genuine gift may be the source of contention. Again, gathering
evidence of the occurrence of the practice as a prerequisite to meting out an
electoral sanction may also not be easy. In order to meet the practical realities of
effectively enforcing such ban delegates propose that proper mechanisms be put
in place..
8. The publication of unofficial results is not sanctioned by the law and as such
illegal. However, one must also keep in mind the fact there is also no express
law which prescribes the practice and as such it may be equally counter-argued
that if the practice is not forbidden, then it is allowed by default. Having
examined the peculiar circumstances of this year’s elections, therefore, we find
that allowing the publication of unofficial results while voting is still going on in
other polling stations is contrary to the spirit of free and fair elections. Voters
cannot exercise their true choice if they have advance knowledge of the winner.
What happened in May this year should not have been allowed to happen.
However, since there is no express provision of the law to guide MEC, we
support the proposal that the PPEA and LGEA should be amended by making a
provision which will ban the publication of unofficial results by any person with
full knowledge that voting has been postponed in some polling station and the
same will take place on another day. Of course this requirement must be finely
balanced as it affects the candidates differently across the three electoral levels.
It is very unlikely that a ward councillor in Mchinji may be unfairly prejudiced
by the publication of the unofficial results in Nsanje Lalanje Constituency.
9. It is the considered proposition of this conference that the solution may lie not in
coming up with more time prescriptions for announcing the election results
rather the solution may lie in carefully crafting section 99 so that the 8 days
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period can be extended if it is not possible for MEC to determine the national
result. So the simple introduction of two amendments to the section in the
following terms may do the trick:
a. “ Where the Commission is aware of any electoral irregularities or has
received cogent proof of irregularities which may affect the
determination of the national result, it shall postpone the determination
of the national result for a period not exceeding………….days in order
for it to correct or address any such irregularities.
b. If the Commission forms the opinion that due to the nature of the
irregularities in question, it is not possible for it to determine the
national result within the period prescribed in subsection (2) above, it
shall file an application to the High Court of Malawi seeking such
further extension of the prescribed time and during the hearing of any
such application, it shall be incumbent upon the Commission to justify
the need for any such further extension of time.”
It is our considered opinion that had section 99 included the suggested provisions,
Malawi would have been spared the electoral-judicial embarrassment that fateful
night of 30th May 2014. Modern legislative drafting requires that those in charge of
drafting laws must simulate possible situations and draft the law in such a manner as
would be accommodative of as many scenarios as possible. Section 99 of the PPEA
was drafted on the assumption that circumstances cannot arise which can prevent the
Electoral Commission from determining the national result within eight days. This
paper recommends therefore that instead of coming up with more prescriptions,
section 99 should be amended by introducing more provisions which cater for
unforeseen eventualities such as the ones suggested herein above.
10. The law prescribes a maximum period of 30 days for the inauguration of the
president elected. In practice our presidents have been sworn in at most within 3
days from the date the Electoral commission announces the results. During the
2007 Constitutional Review process, this was also the subject of review by the
Special law Commission. The Commission, having heard various
representations and having studied comparative literature regionally as well
globally, recommended that section 81(3) be amended by introducing therein a
minimum of seven days before a president-elect can be sworn in . If
implemented, the amended would have ensured that no president-elect would
assume office before the expiry of at least 7 days from date he was elected.
Unfortunately, this proposal was never effected and as things stand, we are stuck
with section 81(3) in its original form.
Since this proposal was not implemented, it is the view of this conference that the
recommendations made by the Special Law Commission should be reviewed in the
light of Malawi’s most recent experience on the morning of 31st May 2014 and see
whether the proposal by the Commission addresses the concerns Malawians have
over this issue.
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ELECTION MANAGEMENT
Presentation 1
Key Recommendations
1. Pieces of election laws:It would be prudent to consolidate the two laws (PPE and
LGE Acts) into one.
2. Referendum Act: A referendum Act should be drafted and enacted into law to
guide the Commission.
3. Demarcation of Constituencies:ThePPE Act should be amended to have a
provision on demarcation that will guide the Commission when demarcating
constituencies so as to avoid ambiguity and inconsistencies.
4. Period for the announcement of results:With tripartite elections, this law must be
reviewed to enable the Commission have sufficient time to review complaints
lodged before announcing results.
5. Media Access: There is need to support the ongoing review process of the
Communications Act to provide for a more independent MBC and media in
general.
6. Campaign Finance: There is need to support the enactment of the Campaign
Finance Law which will regulate campaign financing.
7. Diaspora Franchise: Malawi should study the practicability of external voting as
done in South Africa and Mozambique. Thereafter it can be recommended for a law
external voting.
8. General Election date: the polling day should be shifted to September when there
are no rains and most of the roads are rehabilitated by this time.
9. Participation of women in elections: Malawi should study the practice in Kenya
and Uganda and then come up with a law either proposing reserve seats for women
or a quota system.
ELECTIONS AND MANAGEMENT: Presentation 2
MEC as Organisation
1. Communication strategy to allow MEC to address internal communication gaps
from Head Office down to district Offices. This was intended to be achieved by
2013 in time for 2104 TPE. It has apparently not been achieved.
2. Clarification of roles between the Commission and the Secretariat.
3. Trust building and dialogue between MEC and other stakeholders including
development partners.
4. Decentralisation of MEC: Enhanced and visible role of MEC regional offices.
They are currently used as a department of the HQ and do not take up issues
head on. The case of fire of MEC warehouse in Lilongwe, the regional office
could have taken a lead in investigation and kept the nation briefed during tense
times.
5. A legal department at MEC to be set up.
1. Efficient recruitment process of secretariat staff at all levels.
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2. Recruitment of the Chief Elections Officer (CEO) to be based on criteria
ensuring qualification, competence, and integrity.
3. Capacity building for district level MEC office.
4. The composition of the EMB should be representative of the society, and the
body should comprise at least 30% women.
5. Effective financial management systems in Place.
Independence of MEC
1. A targeted national debate on the EMB models to assess the various models.
2. Appointment of Commissioners through a selection process based on merit and
professionalism.
3. Consideration should be given to appointing independent persons known within
the society for their integrity.
4. Government must ensure adequate funding the EMB in order for it to deliver a
credible and legitimate election.
5. It would be useful to have at least one of the commissioners should be a person
who holds or has held high judicial office (a high court or supreme court judge).
6.
Accountability of EMB
1. A percentage of EMB commissioners should be full-time members in order to
ensure organisational and institutional continuity.
2. The EMB should be accountable to the National Assembly/ Parliament through,
for example, the Public Accounts Committee and should be required to report to
the national legislature annually on its activities.
Demarcation, Voter Registration
1. More research is needed not only on the extent of Malawian malapportionment,
but also the political consequences. This is to be followed by national Dialogue.
2. Setting up of a Boundaries Commission. Countries smaller than Malawi have
such a Commission.
3. Setting up of a Boundaries Commission. Countries smaller than Malawi have
such a Commission.
4. Continuous voter registration process – it could be 3 or 4 times in the period
between two elections.
5. National ID system.
Solution options on polling day logistics
1. Release of voters roll on schedule according to the electoral calendar.
2. Confirmation of receipt from political parties that they had received voter rolls in
time to carry out inspection.
3. Polling day logistics:
4. Accuracy of quantity required for sensitive and non - sensitive material.
5. Reliable arrangement for transportation of material in close collaboration with
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government, donors and select private sector agencies.
6. Transparency measures in procurement process.
Efficient results tabulation
1. Realistic assessment of number of polling staff required for the whole exercise.
2. Payment of allowances to keep the morale of the staff for a long and tedious
exercise.
3. Selection of suitably qualified and trained personnel to carry out the results
tabulation electronically.
4. Clarify mandate for announcement of unofficial results by private radio station
with the sanction of MEC.
5. Polling officers to compulsorily obtain endorsement on result sheets by all
political party monitors.
Electoral Complaints/Offences
1. Enhance the punishment for electoral offences.
2. Establishment of special courts/tribunals to decide election petitions and also
cases against candidates to be disposed within 6 months.
3. Sitting members should also be disqualified if charge sheeted for an offence.
4. Person with charges of offences punishable for two years or more should not be
allowed to contest elections.
CIVIC AND VOTER EDUCATION
1. A team of experts in IEC and curricula development, and adult learning education
should be identified for the development of the curricula and civic education
resource book.
2. Incorporate civic education in media and art training institutions. Lobby media and
art training institutions for inclusion of civic education issues into their training
curricula.
3. Establish district cultural/civic education task teams to develop strategies of
incorporation of civic issues into social fabric.
4. A comprehensive training package and methodology should be designed and district
training of trainers teams be established to conduct TOTs within the existing
structures for a wider outreach.
5. The Ministry of education and the Malawi Institute of Education should be engaged
by civic education providers to identify any gaps for intervention
6. Civic and voter education should be undertaken within the framework of electoral
cycle approach. Proposed action: MEC and civic education service providers should
liaise to ensure that the civic education provided also takes an electoral cycle
approach.
7. Government should develop a civic education policy that would provide a
framework for a national coordinated effort and guidance for state and non-state
actors. A civil society task team should be established to work with government in
the development of a civic education policy.
8. A Civic and voter education network/forum should be formed for effective
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collaboration and co-ordination on civic and voter education issues.
9. Government should be lobbied to provide budget allocation for civic education to
respective institutions in its annual budget for civic education. A basket funding
should be established for both state and non–state actors for funding. Also a
tripartite forum of civil society government and development partners should be
established for increased dialogue on sustained funding.
A consultative forum of civil society and all government agencies that facilitate the
dissemination of information should be established for a wider dissemination of
GENDER AND ELECTIONS MAINSTREAMING FOR REFORM
1. Include principles in constitution, gender equality act, electoral laws and political party
constitutions and also implementation of plans and provision of budget, mainstreaming of
principles in donor funding and civil society programmes.
2. Develop principles to guide in the demarcation process.
3. Amend political party registration and regulation act and ECA to formalise the role of MEC
in primaries so as to provide gendered primary elections guidelines.
4. Review leave and other provisions and also amend ECA, PPE and LGEA.
5. There is need for MEC to be supported in order to strengthen accountability structures and
outlaw night voting and also proposed that elections be conducted in July instead of May.
6. Amend ECA and electoral observation guidelines and codes of conduct in order to make
sure there is equal participation of both male and female monitors and observers and also to
mainstream gender.
7. Review Electoral Commission and ECA acts so as to strengthen enforcement and
accountability mechanisms
8. Introduction of ADR in electoral laws, review of MEC, ECA and political party policies
and also incorporation of time limits to handling of complaints.
9. There is need for MEC to account to parliament and Electoral commission act and also ECA
to provide mandatory independent audit of elections.
10. There is need for enactment of laws and development of policies against discriminatory and
negative cultural practices and also promotion of positive and customary laws through civic
education because of the skewed perception of customs and customary law and gender
11. There is need for incorporation of gender aspects in MEC and NICE voter education policy
and guidelines.
12. Reserve seats for female candidates and also for proportional representation and party list
voluntary or mandatory because of the unfair system which PPTP disadvantages the
excluded including women.
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APPENDIX 6:
LIST OF PARTICIPANTS TO THE NATIONAL CONFERENCE ON ELECTORAL
REFORMS
No. NAME GENDER POSITION/ORGANIZATION
1 Hon Bright Msaka SC M
Minister of Lands, Housing and
Urban development
2 Justice Maxon Mbendera SC M Chairperson MEC
3 H.E Michael Nevin M British High Commissioner
4 Mr. Kalekeni Kaphale M Attorney General
5 Ms.Getrude Lynn Hiwa, SC F Law Commissioner
6 Amb. Commissioner E. Chinkwita Phiri M MEC
7 Mr Steve Duwa M Chairperson -MESN
8 Hon. Chakhwantha, MP M Parliament
9 Mr.Felix Chikalira M NGO GCN
10 Mr.Anthony Nkupira M NGO GCN
11 Dr.Ngeyi Ruth Kanyongolo F NGO GCN
12 Mr. Nsimbeni Chirwa F CNM Comm
13 Ms.Alice H. Shockeeford F Country Rep - UN Women
14 Inkosi ya Makhosi Goman V M
Paramount Chief -Ntcheu
District Council
15 Ms.Grace Varele F
Democracy Consolidation
Program
16 Mr.Stoti Watch M Muslim Association of Malawi
17 Mr.Madalitso Mononga F NAWOLG
18 Ms.Pemphero Manyawa F National Democratic Institute
19 Mr.Sangwani Mwafulirwa M MEC
20 Dr. Henry Chingaipe M IPRSE
21 Mr.Baldwin Chiyamwaka M CNM
22 Rev.Hartley Zulu M
Church & Society Nkhoma
Synod
23 Mr.Juma Mkandawire M FEDOMA
24 Mr.John Chawinga M Dan Church Aid
25 Ms.Beatrice Manda F Mbawemi NGO GCN
26 Mr.Andre Malombera M Ministry of Foreign Affairs
27 Mr.Noel Msiska M NGO GCN
28 Mr.Joseph Kampango M CCJP
29 Mr.Unandi Banda M NEST
30 Mr.Willie Kalonga M MEC
31 Mr.Robert Silungwe M MESN
32 Mr.Nathan Mkamanga M U.S. Embassy
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33 Mr.Anthony Kasunda M MISA
34 Mr.Willy Chaponda M PECHAN
35 Mr.Moses Mkandawire M
Church & Society Livingstonia
Synod
36 Ms. Margaret Ali F NGO GCN
37 Mr.Filippo Caruso M UNDP
38 Dr W.W.M. Nakanga M MEC
39 Dr. Nandini Patel M IPI Mtendere
40 Mr.Michael Nyirenda M Norwegian Embassy
41 Ms.Lily Mwandira F UN Women
42 Mr.Robert Phiri M PAC
43 Mr.Sean Dunne M UNDP
44 Ms.Thandie Nkovole F MEC
45 Mr.Felix Masekesa M Office of Ombudsman
46 Commissioner Lexton Kachama M Malawi Police
47 Ms.Phenezia Phiri F OPC
48 Mr.Phaniso Kalua M Embassy of Ireland
49 Ms. Agata Niely F EU
50 Mr.Peter Chisi M MHRC
51 Mr.Aloisious Nthenda M NDI
52 Mrs.Madalitso Mbendera F CMD
53 Mr.Alfred Chauwa M Nyasa Times Newspaper
54 Mr.Harris Potani M MEC
55 Mr.Henzily Munkhondya M MEC
56 Mr.K. Masangano M MACRA
57 Mr.Charles Banda M YONECO
58 Mr.Victor Maulidi M NGO GCN
59 Hon. Olipa M. Chiluba F PWC
60 Mrs.Wezzie Nkhoma-Somba F MACRA
61 Mr. Steve Duwa M MESN
62 Mr.Adil Chilungo M
African Muslim Schools
Association
63 Ms.Yamikani E. Malunga F OPC
64 Mr.Arthur Nanthuru M Malawi Law Society
65 Commissioner Nancy Tembo F MEC
66 Mr.Robert Mkwezalamba M HRCC
67 Ms.Evalister W. Nyirenda F MESN
68 Mr.George Mavuto M MESN
69 Ms.Veritus Kamanga F YPU
70
Mr.Henry Njolomole M National Assembly
71 Mr.Alexander Kawonga M MPS
70
72 Mr.A. Kanyinji M MPS
73 Mr. T. Mumba M MPS
74 Mr.Peter Elesani M MOGCDSW
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Commissioner Rev.Maxwell Mezuwa
Banda M MEC
76 Mr.Winston Lungu M NDI
77 Mr.Linus Jerenje M UIP
78 Mr.Christopher Edward Ritche M AFORD
79 Hon.Cecilia E. B. Chazama F DPP
80 Mr.Paul J. Maulidi M PP
81 Mr.Ibrahim Matola M PP
82 Mr.Salim Bagus M PP
83
Mr.Rob Jamieson M UDF
84 Mr.Gustave Kaliwo M MCP
85 Ms.Jane Rose Anthony F MAFUNDE
86 Mr.Lester Chikoya M MASAF
87 Hon. Chakhwantha, MP M MCP
88 Ms.Jessie P. Kaperemera F MESN
89 Mr.Royman Uladi M MESN
90 Mr.Hyacinth Guwela M MESN
91 Mr.Francis Bisika M MACRA
92 Mr.Kelious Mlenga M Ministry of Justice
93 Ms.Chikumbutso Ngosi F AAIM
94 Mr.M. Munthali M MEC
95 Mr.James Kamwendo M MEC
96 Mr.Duncan Kaponda M MEC
97 Mr.Fred Makwana M MEC
98 Mr.Daniel Mseteka M MEC
99 Mr.A. Moyo M MEC
100 Mr.M.G. Kanyatula M MHRC
101 Mr.M.J. Banda M MEC
102 Mr.E. Subili M Ministry of Justice
103 Mr.Thandeka Mumba M Malawi Police
104 Dr. Benson M. Tembo M MBC
105 Amb.Sophie Kalinde F MHRC
106 Mr.Kizito Tenthani M CMD
107 Mr.Ollen Mwalubunju M Nice
108 Ms.Sandy Quimbaya F NDI
109 Mr.Justin Dzonzi M Justice Link
110 Prof. M. Mchunu M UNDP
111 Ms.Meral Karan F USAID
71
112
Mr.Tian Johnson M US Embassy
113 Mr.Zaheer Khorodia M DFID
72
NATIONAL CONFERENCE ON ELECTORAL REFORMS
IN MALAWI
“Fostering genuine democratic electoral processes and outcomes in Malawi”
Golden Peacock Hotel
Lilongwe
11th – 12th December, 2014
73
1.0 Introduction and Background
Malawi held its first ever tripartite elections on 20th May, 2014 through which a
President of the Republic, Members of Parliament and local councilors were
elected. This was Malawi’s fifth election since the re-introduction of multiparty
politics and Malawians expected and deserved better elections based on the
cumulative experience. Malawi Electoral Support Network (MESN) noted in its
statement released on 24th May, 2014 after the elections that the 2014 tripartite
elections did not represent a progressive step in electoral administration, quality
of the process and acceptability of the outcomes. In particular, the most serious
challenges associated with the production of the voter’s register, delivery of
inadequate electoral materials to polling stations, inefficient tallying of results
and delayed determination and announcement of results. These shortfalls eroded
public confidence in the electoral process and raised questions about the
credibility of the electoral outcomes..
The 2014 tripartite election drew attention to aspects of the Malawi electoral
process that need in-depth scrutiny leading to reforms. These aspects can
conveniently be cast into five thematic areas as follows:
i. Electoral system
ii. Electoral management
iii. Civic and voter education
iv. Legal framework of elections in Malawi.
v. Gender issues and outcomes of the electoral process
Thus, in order to ensure that the 2019 and subsequent elections meet the
expectations of many Malawians in terms of their legitimacy and inclusivity,
electoral reforms have to be identified, agreed to and implemented.
Electoral reform is a broad term that covers, among other things, improving the
responsiveness of electoral processes to public desires and expectations. In view
of these, MESN after conducting the Post – Election Review Conference in June
2014, where many issues and recommendations were identified, it went to the
three regions of Malawi to conduct regional consultative dialogue meetings on
electoral reforms. The aim of these meetings was to seek the views from the
people on the recommendations that came out of the post – election review
conference.
To strengthen the movement for electoral reforms in Malawi MESN spearheaded
the process of inclusion and consultation through the formation of a National
Taskforce on Electoral Reforms. The members of the taskforce are; MESN, CMD,
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PAC, NICE, UNDP, NDI, MHRC, Law Commission, MEC, MoJ and MLGRD. The
main role of the task force is to take lead in the Electoral Reform Agenda where
several activities will be implemented in order to achieve the reform agenda.
After sourcing ideas from different stakeholders on Electoral Reforms, the
taskforce came up with the four major themes, highlighted above, which will be
deliberated at the first national conference on electoral reforms to be held in
Lilongwe from 11th-12th December 2014.
Conference Objectives
The conference will have the following objectives:
d. Receive and deliberate on Issues papers covering the five thematic areas. e. Formulate a national technical working group on electoral reforms.
f. Establish an Expert Reference Group.
2.0 Expected outcomes
e. Themes for position paper identified.
f. Consensus on key issues for reforms under each thematic area.
g. Technical Working Group (TWG) on Electoral Reforms constituted.
h. Expert Reference group formed
i. TWG and ERG given mandate to work on the thematic areas of reform as
agreed by the Conference
3.0 Expected representation
a. Election Management Body
b. Government ministries and departments c. Civil Society and faith-based organizations d. Political parties
e. Media f. Security Agents g. Youth Organizations
h. Women organizations i. International partners
j. Organizations of people living with disabilities
k. Constitutional bodies
l. Academia
m. Malawi Law Society
n. Traditional Leaders
75
AGENDA
WEDNESDAY, 10 DECEMBER, 2014
14.00 – 20.00: Arrival of participants from outside Lilongwe at Golden Peacock Hotel
DAY ONE
THURSDAY, 11 DECEMBER, 2014
08.00 - 08.45: Registration of participants
08.45 – 10.00: OPENING CEREMONY
Moderator: Dr. Henry Chingaipe.
Welcome remarks by: Steve Duwa, MESN Board Chairperson
Speech by: British High Commissioner, His Excellency, Michael Nevin,
Speech by: MEC Chairperson, Justice Maxon Mbendera, SC.
Key Note address and Official Opening
Minister of Lands, Hon. Bright Msaka SC.
10.00-10.30: Group photograph, Health Break and Media Interviews
10.30-11.30: Session One: Legal framework for Elections
Presenter: Mr. Justin Dzonzi, Executive Director, Justice Link.
Plenary discussion
This presentation will identify and highlight issues in the Legal framework
that require scrutiny and reforms in order to improve the electoral process and its outcomes.
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11.30-12.30 Session Two : Electoral systems
This presentation will identify issues that have to do with the electoral
system that is currently in use. It will cast the current electoral system in comparative perspective with other systems that are applicable for presidential, parliamentary and local government elections and options for
increasing numbers of women in elected bodies and highlight recommendations for reforms.
Presenter: Sean Dunne, Senior Advisor, UNDP
Plenary discussion
12.30-13.30: Lunch Break
13.30 – 15.30: Session Three :Election management
The presentation will highlight institutional and structural issues in the
management of elections and highlight options based on practices elsewhere and make recommendations for the conference to consider.
1st Presenter: Willie Kalonga, CEO, MEC
2nd Presenter: Dr Nandini Patel, Executive Member, Mtendere
Plenary discussion
15.30-15.45: Health Break
15.45 -16.45: Session Four: Civic and Voter Education
The presentation will identify issues that have to do with CVE and analyse factors that enhance or undermine the delivery of CVE. It will highlight
concrete and practical recommendations for the conference to consider.
Presenter: Ollen Mwalubunju, Executive Director, NICE
Plenary discussion
End of Day One
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DAY TWO
08.00 – 08.30: Registration of participants
08.30 - 09.00: Recap of Day One
By: Rapporteur, Baldwin Chiyamwaka
09.00- 10.00: Session Five Gender and Elections
Presenter: Dr Ngeyi Kanyongolo, Consultant, NGO GCN.
Plenary
The paper will look at gender mainstreaming in the electoral cycle. The
paper will complement papers that will be presented in the four themes as identified by the Task Force.
10.00 -10.30: Health Break
10.30 – 11.30 Session Five : Way forward
Key recommendations for each session
The participants will be divided into four groups as per the themes of the conference. For the groups they will come up with key recommendations
from each presentation. The recommendations will then be presented in plenary and the rapporteur will put them in the conference report.
Presenters: Group Rapportuer
11.30-12.30: Session Six - Formation of working groups
Formation of Technical Working Groups
Technical Working Groups on Electoral reforms will be responsible for critically and analyzing the issues paper that have been presented at this
conference as well as any other views that they may find important to be included and considered for the electoral reform agenda in Malawi. Each
theme will have its own TWG. The conference is required to suggest names of experts (academic and practitioners) to be included in these TWGs. The number of members for each group should be 5 or 7.
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Formation of the Expert Reference Group
The technical working groups will be reporting to the expert reference group. The ERG will be a grouping of experts on each of the themes. The TWG will make presentation to the ERG and the ERG will be responsible for
compiling a position paper on electoral reforms in Malawi. This position paper will be disseminated at the Second National Conference on electoral
reforms.
12.30-13.00: Closing remarks
By:
NDI Deputy Country Director
MESN Chairperson
MEC Chairperson.
13.00: Lunch and departure
