Zachimalawi: May 2014

Saturday, May 31, 2014

Statement Attributable to The Spokesman for the Secretary-General on the Elections in Malawi

New York, 30 May 2014: The Secretary-General has been following closely the electoral process in Malawi and has taken note of the developments in the past few weeks, including the announcement of results on 30 May by the Malawi Electoral Commission (MEC). At this critical juncture in Malawi, he urges all parties to continue to call for calm among their supporters, exercise restraint in the spirit of the Lilongwe Peace Declaration of 10 May, and respect the Constitutional provisions.

The Secretary-General calls on all candidates, political parties and their supporters to pursue any complaints or disputes arising from the electoral process through the existing legal mechanisms. He reiterates his call on political leaders to urge their supporters to work together to consolidate democracy and maintain stability in Malawi.

Mec Declares DPP's Peter Mutharika Winner

The Malawi Electoral Commission (Mec) on Saturday declared Democratic Progressive Party (DPP)'s presidential candidate, Peter Mutharika, president-elect at a highly-patronised event held at Comesa Hall in Blantyre.

Mec chairperson, Justice Maxon Mbendera, said Mutharika and his running mate Saulos Chilima were the president-elect and vice president-elect, respectively.

His announcement came after Rev. Ambassador Chimkwita Phiri anounced that Mutharika had polled 1,904,399 of the votes, representing 36.4 percent, followed by Malawi Congress Party's presidential candidate Lazarus Chakwera, who polled 1,455,880, representing 27.8 percent, while the incumbent Joyce Banda came third, with 1,056,236 votes, representing 20.2 percent. United Democratic Front's presidential candidate, Atupele Muluzi, came forth with 717, 224 of the votes, representing 13.7 percent.

Northern Region Vote
In the Northern Region, 848, 542 voters turned up on polling day and voted in the presidential election, of which 842, 962 were valid votes and 5,580 were declared null and void.

Of these, People's Party's Joyce Banda polled 448, 953 votes, representing 56.6 percent; MCP's Lazarus Chakwera came second with 180, 498, representing 22.8 percent; Mutharika polled 175, 850, representing 22.2 percent; while Atupele Muluzi polled 21, 938, representing 2.8 percent.

James Nyondo of the National Salvation Front polled 3, 800 votes (0.5 percent); Kamuzu Chibambo of People's Transformation Party 3, 596 (0.5 percent); John Chisi of Umodzi Party 2, 312 (0.3 percent); Mark Katsonga Phiri of the Peoples Progressive Movement 1, 556 (0.2 percent); Helen Singh of United Independence Party 1, 514 (0.2 percent); George Nnesa of Malawi Forum for Unity and Development 1, 195 (0.2 percent); Friday Jumbe of Nw Labour Party 1, 059 (0.1 percent), and; Aaron Davis Katsonga of Chipani Cha Pfuko 691 (0.1 percent).

Central Region Vote
In the Central Region, a total of 2, 118, 323 voters turned up and voted in the presidential election, of which 2, 096, 199 were valid votes and 22, 124 were declared null and void.

MCP's Chakwera got more votes than other presidential aspirants, polling 1, 208, 269 votes (56.3 percent); DPP's Mutharika came second with 430, 117 votes (20 percent); Joyce Banda of PP 272, 709 (12.7 percent); Atupele Muluzi of UDF 154, 353 (7.2 percent); Kamuzu Chibambo of Petra 8, 092 votes (0.4 percent); John Chisi 4,394 (0.2 percent); James Nyondo 3, 825 (0.2 percent); Mark Katsonga Phiri 3, 702 (0.2 percent); George Nnesa 3, 319 (0.2 percent); Helen Singh 2, 985 (0.1 percent); Friday Jumbe 2, 728 (0.1 percent), and; Aaron Davis Katsonga 1, 636 (0.1 percent).

Southern Region Vote
In the Southern Region- where 2, 318, 393 voters cast their ballots for presidential candidates, of which 2, 289, 422 votes were valid and 28, 971 votes were declared null and void- DPP's Mutharika came tops.

Mutharika polled 1, 298, 432 votes (56.7 percent); Atupele Muluzi polled 540, 963 (23.6 percent); Joyce Banda 334, 574 (14.6 percent); Lazarus Chakwera 67, 013 votes (2.9 percent); Mark Katsonga Phiri 10, 572 (0.5 percent); Kamuzu Chibambo 7, 672 (0.3 percent); George Nnesa 6, 528 (0.3 percent); John Chisi 5, 342 (0.2 percent); Hlen Singh 5, 169; Davis Katsonga 5, 126; Jumbe 5,032 (0.2 percent); James Nyondo 2, 998 (0.1 percent).

The percentages
In summary, Democratic Progressive Party's Peter Mutharika won with 36.4 percent of the vote, closely followed by Malawi Congress Party's Lazarus Chakwera with 27.8 percent of the vote. Joyce Banda of the People's Party got 20.2 percent, while Atupele Muluzi of the United Democratic Front captured 13.7 percent of the votes.

It is one of Malawi's most-contested presidential elections since the turn of multiparty politics of governance in 1994.

Parliamentary and Local Government Elections' results will be announced with the next 72 hours, with Mec indicating that it has tallied over 70 percent of the results.

Friday, May 30, 2014

Speech by MEC Chairman During Briefing With Stakeholders on May 29

PRESS STATEMENT

29 May 2014 (8pm)

Ladies and Gentlemen,

On behalf of the Malawi Electoral Commission I am here to report on developments and progress towards the determination of the election results. The Commission has continued to work diligently on the process of complaints and verifying the Presidential results.

As a result of these efforts, the number of polling centers that we have identified which reported more than 100% voter turnout, has increased from 58 to 65 centers. For these cases, the MEC is closely auditing and cross-referencing the information to make a suitable determination.

For the Parliamentary and Local Government elections the MEC has continued to progress. So far more than 75% of the information has been verified and tallied. The Commission will be assessing its progress tomorrow, ensuring that its rigorous standards of verification are met. This may delay our announcement of Parliamentary and Local Government races. Under the law, the announcement of the determination of these races may be suspended for up to seventy-two (72) hours.

For the complaints that have been received by the Commission, two-hundred and forty-eight (248) have been processed. Of these, two-hundred and sixteen (216) have been resolved. In twenty-six (26) cases, further evidence has been requested, but no feedback has yet been received. And finally, in six (6) cases incomplete information was provided by the complainant.

We have also continued to consult with our stakeholders. In particular, the Commission met with the Malawi Human Rights Commission to discuss developments. Their support and advice is highly appreciated and valued by the Commission.

We have also met with delegations from several political parties to review their concerns. These discussions have been productive in clarifying issues and maintaining a constructive form of communication.

Too often, some stakeholders have preempted discussions with the Commission by communicating first through the media. By degrees, this has caused unnecessary confusion, rumors and misinformation – in particular, across the social media. As such, the Commission wishes to remind all stakeholders and in particular the media, to confirm information and avoid needless tension.

Our latest advice on the Court proceedings for a recount and the required extension of time to announce results, is that they are ongoing. As such, allow me to reiterate my statement to the Nation of yesterday. The Commission is continuing to prepare to announce its determination of the Presidential results tomorrow, in accordance with the law, or as the Courts may otherwise direct.

The Commission is also undertaking a full audit of the ballot boxes that have been retrieved from across the country. It has been reported to the Commission by the Chief Election Officer that ballot boxes from all locations have been collected to regional warehouses. Meanwhile, warehouse staff are completing a detailed audit and verification of all ballot boxes in storage.

The election law (section 119) requires that the official record of the election - including ballot papers - be preserved for 12 months afterward. As such, any person interfering with these ballot boxes will be liable to criminal prosecution.

Thank you and God Bless You.

Justice M. Mbendera, SC

Chairman

Malawi Electoral Commission

Blantyre

Thursday, May 29, 2014

Mec Update on Tripartite Elections Results

PRESS STATEMENT
28 May 2014

Ladies and Gentlemen,

On behalf of the Malawi Electoral Commission I am here to report on developments and progress in the Tallying of the election results. The law requires the Commission to announce its determination of the national election results within 8 days from the last day of polling.

As you will recall, our last day of polling was on Thursday, 22 May. Therefore the Commission has a legal duty to announce the results not later than Friday, 30 May, 2014. The law allows the Commission to announce the results within 48 hours after collecting all relevant information.

This 48 hours is provided to allow the Commission to attempt to resolve any complaints that have been lodged. As of this afternoon the Commission has registered 287 complaints of which it has processed 188.

Ladies and Gentlemen,

I can now report to the Nation that the Commission has received and tallied all of the results for the Presidential election at the National Tally Centre.
As such, the 48 hour countdown has started and the Commission will announce the determination of official results for these elections on Friday, 30 May.

The Commission will utilize the remaining two days to finalize and resolve the complaints it has received for the Presidential, Parliamentary and Local Council Elections.

If all complaints cannot be resolved within the remaining time, candidates will still be able to take up any concern via a petition to the High Court, within seven days of the announcement of the results, as the law provides for.

The Commission has also continued with the verification of the results. We are working diligently to identify any irregularities. This includes the 58 polling centers where the number of valid votes reported to have been cast have exceeded the number of registered voters.

These issues will be commented on in our report to the Nation on the announcement of the determination of results.

Ladies and Gentlemen,

We are all aware of the legal controversy that has surrounded the possibility of the Commission conducting a recount.

At this stage we await clarity from the Courts on this issue, as they seek to resolve the injunctions and counter-injunctions being lodged.

On this issue, the Commission has met with many of the stakeholders in the electoral process. In the past few days we have met with the Secretaries-General of the political parties, PAC – the Public Affairs Committee – Civil Society Organizations, and election observer groups.

To all of these groups I must extend my sincere gratitude for their commitment and support to the Commission as we have all wrestled with these issues. Our advice to these stakeholders is that it is not feasible for the Commission to conduct a full recount within the period available to it, and if it were possible, a Court order would be required to extend the period for announcement of results.

Malawians are a law abiding people. We are known as the warm heart of Africa. The commitment of all Presidential candidates through the Lilongwe Peace Declaration confirms these sentiments.

The Commission is preparing to announce its determination of the results of these elections on Friday, 30 May, or as the Court may direct.

Thank you.

Mec Update on Election Results Announcement

Wednesday, May 28, 2014

THE STATE OF 2014 TRIPARTITE ELECTIONS IN MALAWI AS OF TUESDAY 27TH MAY 2014

FROM THE STATE HOUSE PRESS OFFICE

Political developments in the past few days have been challenging to Malawians and have put to test the country’s democracy and governance institutions. These developments, however, have to be put into context.

Her Excellency Dr Joyce Banda has always been committed to issues of democracy, good governance and transparent Government since her accession to the Presidency on 7th
April 2012. The President pursued an inclusive, open and participatory Government that respected the Constitution and the rule of law. The same spirit has been demonstrated in the run-up to the elections, when she levelled the political playing field to all
political parties. The President and her Government has managed to heal the country from previous tension and divisions; recovered the economy from near collapse and laid strong foundation for sustainable growth.

The President opened up the public broadcaster, Malawi Broadcasting Corporation (MBC) to all political players; she did not use the state machinery at her disposal to block, interfere, threaten or ban political activities of all contesting parties as has been the trend since 1994.

Malawians ought to remember that previous administrations used District Commissioners and Police to achieve these unacceptable acts. Even though some opposition parties instigated political violence in some instances, Her Excellency Dr Joyce Banda always urged her supporters to remain calm and refrain from violence. As a matter of ensuring that the Tripartite Elections were credible, she consulted all major political
stakeholders in constituting the Malawi Electoral Commission. Indeed, the Electoral Commission is inclusive of all major political parties that were represented in Parliament.

During her two-year tenure of office, Dr Joyce Banda ensured that Malawi should be and it really is among the most media friendly countries in Africa where freedom of expression is not suppressed. Reputable international commentators have named Malawi as the most media friendly country in Africa.

Prior to the polling date, some opposition elements and some ill-willed commentators propagated in the media that Her Excellency Dr Joyce Banda and her People’s Party (PP) were planning to rig the elections.

However, in a meeting with the Faith Community Leaders, Her Excellency emphasized that neither PP nor her government had any intention to rig the elections. However, those propagating this were in fact trying to drive people’s attention away from their own evil intentions to rig the elections by creating a false impression that the ruling party was planning to rig the elections.

Under Her Excellency’s leadership, the country experienced peaceful voting though with some instances where polling materials were not delivered on time or inadequate. In other cases, wrong materials were delivered. This led to some isolated cases of violence in some parts of Blantyre and Lilongwe, for example, which in turn led to voting being extended to next two days.

Notwithstanding that voting was continuing for the next two days in some polling centres, the media accredited by Malawi Electoral Commission (MEC) continued to announce the unofficial results while voting was still progressing in the said affected areas. Although many stakeholders demanded that official broadcasters stop announcing the unofficial results while voting was still on-going, announcements continued nevertheless.

There have been reports that some monitors in some polling centres were chased by police and MEC officials, mainly teachers and police officers, even before sealing of ballot papers while in other cases a systematic pattern was emerging that polling staff were influencing voters to vote for certain candidates. These polling officers, mainly teachers and police officers, have now been exposed some of whom have confessed that they were induced with monetary rewards by a certain Presidential candidate.

With the foregoing in mind, it was not surprising when revelations of serious
irregularities started emerging; these irregularities had mostly four (4)
patterns.

1)Tallies from some constituencies were deliberately altered where figures were inflated to favour certain candidates as in Machinga North East where 38,778 registered voters were recorded while the tally was purposely inflated to purport that 184,223 had voted, figures inflated in favour of a particular candidate; (evidence
available);

2)Tallies from polling centres where figures were deliberately erased, tippexed, configured and accordingly adjusted to favour certain candidates, (evidence available);

3)Purported locally printed ballot papers without security features were pre-marked for a certain candidate and staffed in washing baskets, plastic pails and cartons and were ferried to polling centres while monitors were financially induced by polling officers to leave the polling centres while counting progressed. Most of these tallies were not signed and counter-signed by the monitors as required, (evidence available);

4)Some Presiding Officers from one polling centre signed for three different polling centres and in all cases, the figures for a certain candidate were almost the same.
As these challenges were becoming apparent, it was learnt that the Information Management System designed to manage elections results was hacked into and crushed.

The election stakeholders started raising alarm and the following were raised;

a) That announcing of the unofficial results be discontinued,

b) That the Electoral Commission embarks on manual counting and verification to address the irregularities as presented by electoral stakeholders.

To add to these voices, Her Excellency the President called upon Malawi Electoral Commission to recount the votes and address the irregularities that had been registered by the stakeholders.

The Malawi Electoral Commission Chairman rudely responded to these calls as “Cries of losers” and disregarded all the complaints as raised by political parties and other electoral stakeholders. Soon thereafter, wide revelations of rampant and serious irregularities in the electoral process started flooding the public domain.

It then became public knowledge that indeed the electoral process had been defrauded. Despite this public outcry and threats of violence from some political parties, the Malawi Electoral Commission Chairperson was intransigent, insensitive and non-responsive to the unfolding events.

At this time, it became apparent that the Malawi Electoral Commission had lost control of their own process; were not able to provide leadership in announcement of results and had lost control of election data notwithstanding that accredited media were still announcing the unofficial results and that tension was brewing in the country.

At this point, Electoral Stakeholders including some Presidential candidates
approached the President, Her Excellency Dr Joyce Banda to rise above politics and provide direction for the country. Hence, Her Excellency the President issued a Presidential Proclamation on Saturday 24th May 2014, four days after voting to nullify the electoral process due to serious irregularities that had emerged and the State President determined that fresh elections be held in 90 days. Her Excellency The State President used the powers vested in her, under Section 88 (2) to provide Executive
Direction in the interest of national unity and security.

The immediate reaction to this proclamation by certain sectors of the society who felt were going to benefit from the serious electoral irregularities was negative.

However, four hours after the proclamation, the Malawi Electoral Commission came public to address the nation admitting that the electoral process could indeed not be relied upon, and the electoral data could was not trustworthy and therefore could not provide a credible platform for announcement of results.

Secondly, the Commission requested the nation to give them an allowance of 30 days to physically verify the ballot papers and conduct the recount of the votes to remedy the many irregularities the Commission had come across.

This admission by the Commission vindicated the Presidential Proclamation that had just been issued and further comforted the public as it was now evident that the Commission had started listening and acting in the national interest.

In a similar show of support, one of the broadcasting houses that was accredited to announce the election results, Zodiak Broadcasting Station (ZBS), five hours after the proclamation, went public retracting that the electoral results they were announcing were unverified, could not be relied upon hence should be disregarded.

It became evident that the Presidential Proclamation had calmed the citizens and it brought hope of a peaceful and credible resolution to the irregularities of the electoral process.

Despite the public excitement that this development brought to the nation, the Democratic Progressive Party (DPP) and their network obtained three injunctions restraining Malawi Electoral Commission from proceeding with the recounting and verification exercise. Malawi Electoral Commission and Malawi Law Society also obtained injunctions against the President’s Proclamation.

These many injunctions brought confusion to the direction of the whole electoral process and demonstrated that the credibility of the electoral process had been destroyed leaving the expectations of Malawians heavily eroded.

After extensive public debate and Stakeholders’ consultations, Malawi Electoral Commission announced to the nation on 26th May 2014 that they are convinced that the data available could be relied upon and therefore will not announce the results of the elections until a full recount and verification had been done; they further announced that they will take 30 days to carry out this exercise. This announcement by the Commission brought comfort and relief to the Malawi populace that the call by Her
Excellency The President Dr Joyce Banda was now being heeded to.

Despite this new welcoming decision by Malawi Electoral Commission, Democratic Progressive Party (DPP) is still bent on frustrating this development which has been thoroughly discussed and agreed upon by Election Stakeholders and welcomed by the whole nation. The question in the people’s minds is why is the DPP still refusing the welcome development accepted by all stakeholders?

If indeed the DPP has won legitimately, why not wait for the audit process to finish so that they form the next government on a clean sheet? Reference can made to several commentaries and expert opinion some of which are attached.

EXPERT LEGAL OPINION

Legal View of a Private Practice Lawyer, Shepher Mumba of Golden & Law
"I have been reading the Constitution and the Parliamentary & Presidential Elections Act since yesterday and I do not find any provision preventing Malawi Election Commission (MEC) from conducting a recount of the votes. Amongst others, the function of MEC is to "determine electoral petitions and complaints related to the conduct of any elections" see s.76(2) of the Constitution. Further, s113 of the PPE states that "any complaint submitted in writing alleging any irregularity at any stage, if not satisfactorily resolved at a lower level of authority, shall be examined and decided on by the Commission and where the irregularity is confirmed the Commission shall take necessary action to correct the irregularity and the effects thereof" Recounting of votes is therefore within the functions and mandate of the MEC as provided by law.

Legal expert opinion by Bright Theu, legal expert at African Commission on Human and Peoples Rights in The Gambia.

MEC has power to undertake vote recount

There is a notion which as I gather has been endorsed by the High Court to the effect that the Malawi Electoral Commission (MEC) has no power/mandate/competence to order and undertake a “recount of the votes”. Below I advance the view that this notion is wholly misinformed; based on a deliberate circumvention of clear legal provisions and trite principles of interpretation; based on faulty reasoning; and probably induced by personal interest in the outcome of the issue the nation is contending with.

I argue for the position that MEC has every mandate to “determine” the outcome of an election and to use all appropriate methods available at its disposal for that purpose. I am open to contrary views that are informed by sound reasoning and proper application of the relevant principles that bear on the issues, in the spirit of an organised dialogue and not aimless bubbling.

Theu: MEC has the mandate to undertake vote recount

Theu: MEC has the mandate to undertake vote recount

To begin with, MEC is established under section 75 of the Constitution, the supreme law of the land. The duties, powers and functions of MEC are stipulated mainly under the Constitution (Constn), the Electoral Commission Act (ECA), and the Parliamentary and Presidential Elections Act (PPEA). Among the duties, powers and functions of MEC, section 8(1)(m) of ECA empowers MEC to “TO TAKE MEASURES AND TO DO SUCH OTHER THINGS AS ARE NECESSARY FOR CONDUCTING FREE AND FAIR ELECTIONS.”

Further, section 76(2)(c) of the Constitution sanctions that MEC shall, among other duties and functions, “DETERMINE ELECTORAL PETITIONS AND COMPLAINTS RELATED TO THE CONDUCT OF ANY ELECTIONS” (s.76(2)(c), Constn). The critical term “determine” which articulates the duty and the attendant power of MEC is not defined in the Constitution. In fact it need not be defined because it is a well-known term which simply means decide, rule, judge, issue a verdict on any issue submitted to a competent body for that purpose.

In other words, to determine is to examine or assess an issue or a complaint in terms of the evidence presented and the applicable law with a view to deriving the conclusion as to whether the complaint is valid or not. Where the complaint is found to be invalid, the natural result is that is it dismissed. Where on the other hand the complaint is determined to be valid, naturally and logically an effective remedial measure is taken or issued and this forms part of the determination.

Accordingly, to the extent that MEC has the duty and function of “determining” electoral petitions and complaints, it is perfectly competent to decide whether any complaint it has received is valid and if so it has the attendant power to take or issue an effective remedial measure. For purposes of an election (MEC’s business) an effective remedial measure is one that ensures that the result of an election is credible in the sense that all irregularities that would adulterate and impair the validity of the outcome of the election are removed or mitigated to a level that they are insignificant to the outcome.

The idea is to make sure as much as possible that the result of the election is nothing but the people’s choice. This is the only way of ensuring that the authority to govern Malawi is validly entrusted, and not fraudulently assumed by any individual or group of individuals – and this is the higher constitutional value that any process and any measure taken by MEC seeks or must seek to achieve.

Indeed the process of “determining” electoral petitions and complaints must uphold that higher value, without which we risk being governed by a group of individuals who purport to acquire the mandate to govern by fraud!

From the above, it should be beyond rational contention that MEC has the duty and function to “determine electoral petitions and complaints”(s.76(2)(c), Constn) which includes the attendant power to take effective remedial measures (s.8(1)(m), ECA) where a given complaint is determined to be valid and of such gravity as to affect the validity of the outcome.

Whether “recounting the votes” is among the range of effective remedial measures MEC can take is the second point I address, since it is this particular measure that some people deny MEC the competence to opt for, a denial the Court has erroneously endorsed!

Trite principle of justice would have it that where there is a wrong there must be some measure adopted to right the wrong.

In more exact terms, we say where there is a wrong there must be a remedy. It is a principle that commands judicial authority. No civilised mind would raise any serious contention against that principle. In the case of electoral complaints which have been determined to be valid and of sufficient gravity as to adulterate and impair the validity of the outcome of the election, the remedial measure must seek to remove that impairment, or mitigate it to an insignificant size.

An electoral outcome is impaired or adulterated if it results from a combination of circumstances which defeat the people’s true choice (se “A”) by instead fraudulently making choice “B” appear as the people’s choice. The remedial measure will be effective if it is capable of expunging all factors that contribute to the masking of any candidate (e.g. “B”) as the people’s choice.

The means or necessary measures of expunging or mitigating irregularities are neither expressly stipulated nor limited under the laws that govern MEC’s mandate. Indeed there is no provision which restricts the measures that MEC can adopt to remedy an irregularity.

Rather and interestingly, section 113 of the PPEA simply and broadly states that “any complaint submitted in writing alleging any irregularity at any stage, if not satisfactorily resolved at a lower level of authority, shall be examined and decided on by the Commission and WHERE THE IRREGULARITY IS CONFIRMED THE COMMISSION SHALL TAKE NECESSARY ACTION TO CORRECT THE IRREGULARITY AND THE EFFECTS THEREOF.” This is important to note because it entails that MEC has fairly wide latitude to determine and adopt the appropriate and effective measure where it finds a given complaint or petition to be valid and of significant proportion.

On this point, I gather that those who advance the view that MEC has no competence to order and undertake a recount draw that conclusion from section 114(4) of the PPEA. Section 114 deals with appeals against determinations of MEC on electoral petitions and complaints. The determination against which an appeal can be lodged to the High Court are those mandated under, among others, section 76(2)(c) of the Constitution and section 113 of the PPEA (quoted immediately above).

For purposes of reviewing the determinations of MEC, section 114(1) states that “an appeal shall lie to the High Court against a decision of [MEC] confirming or rejecting the existence of an irregularity At s.114(4), the PPEA MERELY provides that “the High Court shall have power to direct scrutiny and RECOUNTING of votes if it is satisfied, during proceedings on an election petition, that such scrutiny and recount are desirable.”

There are a few points to note on s.114(4) of the PPEA. Firstly, it does not exclusively arrogate to the High Court the power to direct a RECOUNT or scrutiny. Secondly, it should not take someone reading volumes on process philosophy to figure that the High Court’s power procedurally only comes into play on review of determinations of MEC.

MEC would have to make its own determinations first and it is these determinations that would be reviewed by the High Court upon which the High Court may then direct a RECOUNT, as one of the possible remedial measures which the Court may find desirable.

I repeat, there is nothing in s114(4) of PPEA that exclusively arrogates to the High Court the power to direct a recount, a thing the High Court can only do upon a review of the determination of MEC. Put differently, there is nothing in s114(4) of PPEA prohibiting MEC or limiting MEC’s wide latitude to TAKE NECESSARY ACTION TO CORRECT THE IRREGULARITY AND THE EFFECTS THEREOF (s.113, PPEA).

How the Court can find that MEC has no mandate to adopt as a necessary measure the recount of the votes or such other measures of scrutiny to correct the irregularities it confirms is unclear. For the Court to come to such a conclusion, it would have to deliberately ignore the above quoted provisions and deliberately stretch s114(4) of the PPEA to mean and only mean that it (the High Court) has the mandate to order a recount.

Even at the risk of an overkill, section 114(4) of PPEA does not restrict MEC’s power to take necessary action to correct irregularities and the effects thereof! Procedurally, what the Court can do under s114(4) of the PPEA only follows after what MEC will have done under s.113 of the PPEA among other provisions.

I wish to conclude by saying that in tackling the issues that beset us as a nation regarding the election, we must seek to uphold the profound principle that the authority to government Malawi must validly derive from the people of Malawi and genuinely vest in a group of individuals who are the peoples’ choice determined by real votes cast in favour such individuals and not by some fraudulent means that mask given candidates as the people’s choice. That is the higher constitutional value that we must seek to uphold.

With a mind that is clogged with immediate personal interests, it is not possible to perceive and conceive that higher constitutional value and seek to uphold it. So what informed the Court’s decision that MEC has no power to adopt a recount as a measure for correcting irregularities that it has confirmed to be valid and substantial? Let people of good conscience decide for themselves.

• Bright Theu is former Malawi Law Society (MLS) secretary general and a private practicing lawyer

OPINION BY AN UNKNOWN LAWYER QUOTED BY STATE HOUSE

Malawian incompetence has reached it's apotheosis in the organization of these elections. I expected there were going to be problems this being the first time we are having tripartite elections. But I anticipated the problems were gonna come from the large volumes of candidates and complaints etc. never from registration and actual polling. I would give this Malawi Electoral Commission (MEC) 1 out of 10. The only thing they've done well, and I really think it's more a result of Joyce Banda's tolerance than MEC doing, is the better coverage of opposition parties in the public media since 1994 when access to these was free for all. Otherwise, there's been no election here. Where I went to observe polling there were no voting materials until 10, not even chairs. A young man seeing my ID accosted me when I arrived and asked me to tell him what he was to do. He was a poll worker but hadn't been trained. Around 11 o'clock attempts were made to commence voting. Only 3 of the 21 ballot boxes had seals. And these seals had no serial numbers. How does one ensure the integrity of the vote under those circumstances? Fortunately the voters protested. Further there was very little indelible ink which would mean that after some time either voting was going to be suspended or would be allowed to continue without evidence of voting. Lots of people who had voter registration cards were not on the voters roll and a parallel register was to be provided where their details would be recorded. Eventually after 4 hours of waiting I left for another centre. I found people rioting there and couldn't stay as I feared they might mistake me for a poll worker.

Malawi has, since 1993, on it's statute books the Parliamentary and Presidential Elections Act. Faute de mieux it is the operation manual for the electoral process. Life has been made easy. Follow it and MEC is home and dry. In my opinion, on polling day, none of its provisions was respected. Can you imagine voting is still happening in some centers till now? In some places voting closed at 11 and counting could only happen the following day. How can anyone trust the results declared in such an election when there were no seals on the ballot boxes and even where there were seals theses had no serial numbers? When I stopped communicating with MEC people last night, their IT system wasn't working. They hadn't received results yet. In short the owners of the electoral process itself are having to hear the results from radio like the rest of us. There have been reported cases of tampering with results sheets, poll officials campaigning for the DPP candidates etc. how can the whole system just die? On this day? This is a system that has worked pretty well since 1993. Can MEC determine the result on the basis of radio announcements? Of course not. Determination of the results is a meticulous legal process that involves counting the ballot papers according to law, tallying of the results, reconciliation of the ballot papers, resolution of complaints to the satisfaction of complainants etc.

So where to Malawi? Personally, my opinion is that these elections have been mired in so much intrigue that no right thinking member of this or any society can vouch for their integrity. They should therefore be declared null and void and MEC should start afresh. MEC should either resign or be dismissed and a new one appointed to manage the new process; if that's asking for too much then as a compromise, MEC should abandon its IT system and do a manual count of the results and especially recounting the ballot papers and allowing political parties to take part. Making sure that what's in the ballot box is what the declared result is.

The first option poses a constitutional crisis. The president's and parliament's mandate is over. How do we extend her rule? How will we amend section 67 of the constitution to allow a new election date to be appointed? How will the president dismiss the MEC and appoint a new one without parliament? Can we call the old parliament? I don't think so but I'm sure we may be able to find some provision under the General a Interpretation Act.

ISSUED BY
STATE HOUSE PRESS OFFICE
KAMUZU PALACE, LILONGWE
27TH MAY 2014

Call for Professionalism in Coverage of The Elections

For immediate release

Wednesday, May 28, 2014

The Media Institute of Southern Africa (MISA) Malawi Chapter, the Media Council of Malawi (MCM) and the Malawi Editors Forum (MAEF) having met in Blantyre on 28th May 2014 and deliberated on the way the media has covered the electoral process so far, and having considered the current impasse, would like to appeal to all journalists and media outlets in the country to uphold professionalism and avoid being used as tools for promoting partisan interests.

The meeting observed that the media strived to respect the Media Code of Conduct which was developed and signed by all media bodies, media houses and other electoral stakeholders during the campaign period.

Nonetheless, we would like to remind all journalists and media houses to avoid the following:

Taking partisan positions;

Sensational reporting;

Mixing facts with opinion;

Cheque book journalism;

We do not condone professional misconduct and parroting of lies and half-baked stories and believe that we have a critical role to play to accurately inform Malawians without fear or favour.

It is important to note that in any democracy, free speech is paramount and affords the citizenry, including the media, a chance to debate and shape public opinion. But overzealous reporting on the part of the media will not help the nation.

We would therefore like to appeal to all journalists and media houses to remain vigilant and professional in their coverage of the elections.

We would also like to appeal to all Malawians to remain calm and peaceful and support the Malawi Electoral Commission (MEC) to undertake its task without any undue interference.

Signed

Anthony Kasunda, MISA Malawi Chairperson

Prof. Wiseman Chijere Chirwa, Media Council of Malawi

Cliff Kawanga, Malawi Editors Forum

NGO-Gender Coordination Network Observer Mission 2014 Tripartite Elections

PRESS RELEASE
Dated 29 May, 2014

NGO-Gender Coordination Network (NGO-GCN) was established in 1998 as a grouping of
gender and human rights NGOs that are active in promoting gender equality and equity
including equal participation of women in politics. The NGO-GCN is a leading implementer of the 50-50 campaign in the 2014 Malawi’s tripartite elections.

As part of the 50 -50 campaign, and in collaboration with various stakeholders and partners, the NGO-GCN constituted a Mission to observe the 2014 tripartite elections with a special focus on constituencies that had female candidates. The Mission was deployed in selected districts across the country from 19th May, 2014 to observe the pre election, polling and post election processes with a view to contributing towards free, fair, credible and peaceful elections.

The Observer Mission noted, with appreciation, the participation of women in the 2014
elections including the following: 2 female presidential candidates out of 12 candidates; 261 female parliamentary candidates out of 1288; 417 female candidates who contested as councillors out of 2378 candidates; an increasing number of female electoral officials and a high number of women who turned out to vote.

From its observation, the NGO-GCN Observer Mission noted, with concern, a number of serious irregularities in the period before, during and after polling. These include:

a. A hostile environment for female candidates during the campaign period, created by
fellow candidates who were using intimidating and derogatory language and in some
cases incited violence against female candidates;

b. Low and predominantly negative media coverage of female candidates;

c. Late opening of polling stations due to logistical problems;

d. Shortage of materials such as ballot papers, ballot boxes, ink, pencils, lamps and results’ forms with some centres improvising by using buckets as ballot boxes;
e. Voting late in the evening especially in centres that received voting materials late and had to open late;

f. Missing voters roll;

g. Minimal assistance to pregnant women, women with children and in some cases elderly
women and men who were left to queue for long periods of time;

h. Unsecured ballot boxes, and;

i. Irregular recording of poll results with some forms not procedurally signed by all the required parties.

The Observer team also notes that these irregularities disproportionately and negatively affected women voters more than male voters. There was evidence for example, of women who gave up voting after waiting for too long for the polling station to open and women who could not vote late in the evening for safety reasons. A number of complaints have been filed by female candidates citing most of the above irregularities.

Furthermore, other irregularities have been observed during the tallying of results at the National Tally Centre and the resultant court proceedings. The NGOGCN believes some of these activities will ultimately, adversely affect the credibility of the results, undermine the electoral process and cause increasing anxiety and a sense of insecurity among the citizens in the country. Unfortunately, previous evidence shows how such anxiety and insecurity affects women much more than men and increases vulnerability of the majority of women.

In view of the above observations the NGO-GCN calls on the Malawi Electoral Commission to ensure that:

a. All complaints filed by female candidates are properly recorded in a sex disaggregated format and that all such complaints are effectively dealt with before they escalate and cause serious disturbances;

b. Lessons are drawn on how gendered the impact of electoral anomalies is and on how to
effectively deal with similar irregularities in future in a gender sensitive manner;

c. The credibility of the elections is maintained through speedy responses to complaints and that the rule of law is adhered to throughout the electoral process;

d. The gendered effect of national tensions and anxiety is taken into consideration in all decisions affecting the resolution of electoral disputes;

e. There is certainty on the dates for determination and release of polling results, and that;

f. There are timely updates on all developments surrounding the electoral process.

The NGO-GCN further:

a. calls on all those in positions of power including political parties to act with utmost restraint and desist from use of inflammatory language and actions that may increase the tension and anxiety among citizens especially women;

b. requests Government to ensure that there is increased security in the country to reduce the rising sense of insecurity among Malawians, especially women, and;

c. calls on the media to provide equitable coverage of women as candidates, as voters and as sources of information and to provide space for women specific issues related to the 2014 tripartite elections.

The NGO-GCN will continue to monitor the counting and tallying of the election results as it awaits the announcement of the elections’ official results.

Signed :
Name: Emma Kaliya, NGOGCN Chairperson

Name: Victor Maulidi, Network Coordinator

Tuesday, May 27, 2014

Votes' Tallying 98 Percent Complete- Mec

The Malawi Electoral Commission (Mec) says it has completed tallying 98 percent of the results of the May 20, 21, and 22 Tripartite Elections.

Mec Chief Elections Officer, Willie Kalonga, told Zachimalawi at the Mec National Tally Centre in Blantyre two hours ago that tallying would be completed before mid-night today.

"We have made progress. We have done 98 percent of the tallying and will be through with the rest of the work today evening," Kalonga said.

Kalonga also addressed the issue of court injunctions- which have so far been granted to the Malawi Law Society, Democratic Progressive Party, Malawi Congress Party, and politicians such as Allan Ngumuya and New Labour Party presidential candidate Friday Jumbe- saying the development has not derailed Mec's work.

"Contrary to perceptions that the court injunctions are thwarting our efforts, the truth is that they are making us work efficiently," Kalonga said.

The Democratic Progressive Party, through its presidential candidate Peter Mutharika, obtained a stay order, stopping Mec from going a head with a recount. Jumbe, Ngumuya and other politicians also obtained a stay order against Mec's decision to run a recount of the votes.

The Malawi Congress Party, on the other hand, obtained a stay order stopping all interested parties from interfering with Mec's work, effectively giving Mec the go ahead to conduct a votes' recount.

However, Jumbe, Ngumuya and others filed for contempt proceedings against the Mec chair, Justice Maxon Mbendera, and Mec commissioners four hours ago.

But Kalonga said all these developments have spurred Mec to continue its work.

"We have been served with the contempt order and our lawyers are looking into it. Our lawyers are also looking into the issue of seeking an extension to the tallying process," Kalonga said.

Media Appeal For Support For MEC On The 2014 Tripartite Elections

PRESS RELEASE

Blantyre, 27th May 2014

We, the representatives of the Association of Malawi Media Owners, AMMO; the Media Council of Malawi, MCM; and the Malawi chapter of the Media Institute of Southern Africa, MISA wish to appeal to all stakeholders to support the Malawi Electoral Commission, MEC, in its current efforts, as mandated by law, to resolve the challenges emanating from the Tripartite Elections.

We wish to support a process that is clear and that is aimed at avoiding failed elections because of huge consequences that would arise from such a failure.

We recognise the challenges that have confronted the Commission. We also recognise that MEC is legally mandated to manage the elections process without undue interference. We therefore appeal to all players to give the Commission space to carry out its mandate as required by law.

If a national re-count of ballots is one way of resolving the issues that have come before the Commission, we urge all stakeholders to act diligently, responsibly and professionally. In the event that this does not provide the solution, then a political solution should be seriously considered.

We appeal for calm and patience from all stakeholders including journalists and media houses for the electoral process to be fully respected and be given an opportunity to run its full course.

Signed:

A.S. Osman

Acting Publicity Secretary

AMMO Secretariat

BLANTYRE

Head of Law Enforcement at Liuwa Plain National Park, Zambia, Shot Dead by Suspected Poachers

NEWS RELEASE

26 May 2014

Dexter Chilunda – an exemplary law enforcement officer.

African Parks regrets to announce the tragic death on Friday 23 May of Dexter Chilunda, Park Ranger in charge of law enforcement, at Liuwa Plain National Park in Zambia. He was on secondment from the Zambian Wildlife Authority (ZAWA) to African Parks Zambia. Dexter was shot in the chest by a suspected poacher after investigating gunshots that had been heard by park rangers stationed at an outpost in the park.

It is believed that Dexter encountered two poachers in the central area of the park, one of whom shot him at close range with a shotgun. Police and park rangers investigating the incident have followed tracks leading from the scene and are following up concrete leads. A reward of 60 000 Kwacha (+-$10 000) has also been offered for information leading to the arrest and conviction of the culprit.

The park management team was informed of the shooting at 9h00am on Friday and rushed to the scene whilst putting emergency evacuation plans in place. Police were also informed of the shooting and three police officers were immediately dispatched to investigate. Every effort was made to assist the critically injured officer, but he was sadly pronounced dead on arrival at the park’s Matamanene Camp, from where he was to have been airlifted to Livingstone. Park management had arranged for a medivac jet to airlift Dexter from Livingstone to hospital in Johannesburg for emergency treatment.

“A wife lost her husband, four children are without their father, and we lost an outstanding colleague who was passionate about conservation and deeply committed to the protection of wildlife at Liuwa, said African Parks CEO, Peter Fearnhead. “ We will do everything possible to bring the perpetrators to justice. Dexter Chilunda’s untimely death is a testimony to the sacrifice of people, like him, who are willing to make every effort to keep Africa’s last remaining wilderness areas safe. “

Dexter’s wife and children will be financially provided for in terms of the life-insurance policy put in place by African Parks.

About African Parks: African Parks is a non-profit organisation that takes on total responsibility for the rehabilitation and long-term management of national parks in partnership with governments and local communities. We operate seven national parks in six countries: Zambia, Malawi, the Democratic Republic of Congo, the Republic of Congo, Rwanda and Chad. Please see www.african-parks.org

https://www.facebook.com/AfricanParks

Monday, May 26, 2014

MCTU’s Call For Peace And Unity After Elections

24th May 2014

In the aftermath of Malawi’s Tripartite Elections, the Malawi Congress of Trade Unions wishes to make its call to all Malawians for peace and unity during this period when we are anxiously waiting for the results of the elections.

As a representative body for all workers in Malawi, it should be noted that Malawi Congress of Trade does not take sides in the elections but we fully support the outcome of a free and fair vote.

The choice of who will lead Malawi has been up to the Malawian people. In this regard,
we would like to urge all dissatisfied parties and their members to resolve disputes arising from the elections through the courts rather than in the streets.

We make a plea to all Malawians to reject intimidation and violence and wait on MEC to
make the announcements for the results of the elections. It is also important that MEC
expediently attends to all queries being raised by stakeholders in the wake of the unofficial results.

Above all, the people of Malawi Malawians should shun electoral violence and embrace
national unity. We must come together, after the election, to carry on the work of building our country.

Pontius E. Kalichero

SECRETARY GENERAL

Sunday, May 25, 2014

Peter Mutharika Obtains Injunction Against Vote Recount

REPUBLIC OF MALAWI

HIGH COURT OF MALAWI
LILONGWE DISTRICT REGISTRY
JUDICIAL REVIEW CASE NUMBER 570 OF 2014

BETWEEN
THE STATE AND THE ELECTORAL COMMISSION - RESPONDENT

EX PARTE: PROFESSOR PETER MUTHARIKA - APPLICANT

NOTIFICATION OF JUDGES DECISION ON APPLICATION FOR LEAVE TO APPLY FOR JUDICIAL REVIEW

1. Leave to move for Judicial Review is granted

2. Application is to be made by Originating Motion

3. Hearing is to be expedited

4. A stay is hereby granted against enforcement of the decision of the Respondent to stop the publication of the determination of the national result for the Presidential Election of May 2014 purportedly pending a recount of all the ballot papers for the Presidential vote for the entire country and this stay shall remain in place until trial of the present proceedings or until further order.

Dated this 25th day of May 2014

REGISTRAR

Service accepted by King Norman Rudi on 25/05/2014 @ 13:40 hrs

Malawi Post-Elections: AUC Chairperson Calls for Calm as The Malawi Electoral Commission Completes Its Job

Press Statement

AFRICAN UNION

UNION AFRICAINE

UNIÃO AFRICANA

Addis Ababa, Ethiopia P. O. Box 3243 Telephone: +251 11 551 7700 / +251 11 518 25 58/ Ext 2558

website: www.au.int

Addis Ababa, Ethiopia – 25May 2014. The Chairperson of the African Union Commission, H.E. Dr. Nkosazana Dlamini Zuma is closely following the post-election situation in Malawiand the growing anxiety over the operational challenges in the election phaseand the announcement of the results. She calls for the general public and political party leaders to exercise some calm and allow the Malawi Electoral Commission to complete its job.

She congratulates Malawians for the peace and tranquility that has prevailed thus far, despite some challenges in particular delays in the processing of the results. She notes that until now the MEC has released only results from 31% of the polling centres; received 139 complaints from political parties; detected some anomalies in only 19 out of a total of 1,333 polling centres. She further notes that the MEChas, therefore, taken action to quarantine those results and since instituted investigations.

The Chairperson takes this opportunity to call on all Malawian leaders, political parties, civil society organisations and all other key stakeholders to exercise utmost restraint and allow the MEC to discharge its mandate in completing the electoral process taking due cognizance of the independence of the MEC and the integrity of the poll. The MEC must be allowed to take the process to its logical conclusion bearing in mind that Malawi and Malawians deserve to preserve their peace and strengthen their democracy, and uphold constitutionalism and rule of law.

The Chairperson encourages political parties with any elections-related grievances to seek redress through the competent institutions as provided by the laws of the country.

She notes that a peaceful Malawi is not only good for Malawians, but it is also good for Africa as a whole. She wishes Malawians joyful Africa Day celebrations.

Peter Mutharika Obtains Injunction Against Vote Recount

Words of a Confused President

...Joyce Banda's unconstitutional proclamation on Saturday, May 24, 2014

STATEMENT BY HER EXCELLENCY DR JOYCE BANDA STATE PRESIDENT OF THE REPUBLIC OF MALAWI ON THE STATUS OF ELECTIONS AT KAMUZU PALACE, LILONGWE ON SATURDAY, 24TH MAY 2014

This morning, I have made a Presidential Proclamation to nullify the on-going electoral process and directed that fresh Tripartite Elections should be held within 90 days.

I wish to announce further that I will not participate as a Presidential Candidate in the forthcoming Presidential Elections.

I have done this to allow that Malawians are given an opportunity to freely and fairly express their will in choosing their leaders in a free, fair, transparent and credible manner.

I thank you.

Dr Anthony Hall-Martin Succumbs to Cancer, Leaving a Conservation Legacy That Will Resonate For Generations To Come

News Release

23 May 2014

...Death of a Conservation Giant

African Parks sadly announces that Dr Anthony Hall-Martin, African Parks’ co-founder and conservation director, passed away on Wednesday, 21 May in Cape Town after a prolonged struggle with cancer. He was 68 years old.

As tributes pour in from around the world, those who knew Dr Hall Martin have described him as a conservation giant whose impact was felt throughout the African continent and whose legacy will resonate for generations to come.

Dr Hall-Martin leaves behind his wife, Catherina, and grown-up daughters Vega and Cate.
Dr Hall-Martin leaves behind a list of formidable achievements in a conservation career that spanned nearly 50 years. During this time he tirelessly championed the cause of wildlife conservation, raised millions of dollars for its benefit, and was responsible for the establishment, expansion and management of dozens of protected areas. He was particularly renowned as a world authority on the African elephant and black rhinoceros and was the author of more than ten books and 80 published scientific papers.

Born on 12 June 1945, Anthony’s lifelong interest in wildlife started as a schoolboy in Pretoria.

He attended the University of Natal, then the University of Pretoria where he graduated cumlaude with an M.Sc. in Plant Ecology in 1972 and a D. Sc. in Zoology in 1975. By the time he had obtained his doctorate on giraffe biology, he had worked as a wildlife biologist at Timbavati Game Reserve and at Malawi’s Department of Forestry and Game, and as a researcher at the Mammal Research Institute, during which time he took part in the 15th SA Antarctic Expedition.

Dr Hall-Martin accomplished many of his achievements during his 25-years at South African National Parks. Over this period he was directly responsible for establishing six new national parks, including Table Mountain, Agulhas, Namaqua and Mapungubwe, raising R60-million from philanthropic donations in the process. He was responsible for the expansion of at least five other national parks, adding 400,000 hectares in total to Addo, Augrabies, Mountain Zebra, Karoo and Marakele national parks, and had the foresight to de-proclaim the compromised Vaalbos National Park whilst laying the groundwork for its replacement – the bio-diverse Mokala National Park, soon afterwards.

He was a pioneer in establishing transfrontier conservation areas and was responsible for the agreement that gave rise to the Kgalagadi Transfrontier Park straddling Botswana and South Africa, one of the world’s largest protected areas.

Believing that wildlife should pay its way, he sanctioned the sale of high-value species such as white rhino and disease-free buffalo to raise much-needed funds for conservation.

As co-founder of African Parks in 2000, Dr Hall-Martin had the foresight to realize that a pragmatic new model was required to address the looming conservation crisis in many parts of Africa.

As its conservation and development director, he championed African Parks’ entry into
Malawi, Rwanda, Ethiopia and Zambia, and negotiated with dozens of African governments to advance the conservation of protected areas. One of his notable successes was the transformation of Majete Wildlife Reserve in Malawi from a totally depleted park to a thriving conservation success, which involved the initial restocking of over 2,500 animals.

At the time of his death, Anthony was a board member of Majete Wildlife Reserve in Malawi, Liuwa Plain National Park in Zambia and Akagera National Park in Rwanda. He continued to work tirelessly to secure more protected areas under African Parks’ management until days before his death.

Dr Hall-Martin is widely renowned for his introduction of elephant and rhino to protected areas, contributing greatly to the conservation of these species. Today Malawi, Zambia and Tanzania have populations of black rhinos as a direct result of his interventions, and he was responsible for reintroducing desert black rhinos from Namibia to national parks in South Africa where they had long been extinct. He was a co-founder of the IUCN African Rhino Specialist Group and of the Rhino and Elephant Foundation and was a trusted advisor to many other organisations, including the IUCN, WWF, Endangered Wildlife Trust and Peace Parks Foundation.

During his career, he received many awards, including the British Council for Zoology Award, the Bruno H Schubert Prize in Germany, the Senior Captain Scott Medal from the South African Academy of Science, and the National Geographic Society Award. His ten published books include renowned works such as Elephants of Africa; Kaokoveld - the last Wilderness; A Day in the Life of an African Elephant and Cats of Africa and he published notable field guides to animals and national parks.

African Parks CEO Peter Fearnhead today described Dr Hall-Martin as “a true gentleman,
always dignified, tactful and charming, rarely forceful about his views and self-effacing about his achievements”. “Anthony’s life was too short-lived but his achievements were worthy of many lifetimes. He has left behind a giant legacy for the benefit of the world.”

About African Parks: African Parks is a non-profit organisation that takes on total responsibility for the rehabilitation and long-term management of national parks in partnership with governments, wildlife organisations and local communities. We operate seven national parks in six countries: Chad, Rwanda, the Democratic Republic of Congo, the Republic of Congo, Zambia and Malawi.

Statement By The Spokesperson for the Secretary-General on the Elections in Malawi

New York, 24 May 2014 - The Secretary-General commends the people of Malawi for turning out in large numbers for the country's first tripartite elections on 20 May.

He has noted the preliminary observer statements, which indicate that the polling process was generally consistent with regional and international standards, notwithstanding the technical problems encountered in the process.

He calls on all candidates, political parties, and state institutions to remain calm and to support fully the Malawi Electoral Commission in completing its work.

The Secretary-General reiterates his call to the candidates and their supporters to respect the ongoing tallying process, follow existing legal procedures to resolve any electoral challenges or complaints, and uphold the spirit of the Lilongwe Peace Declaration of 10 May.

He also urges all political leaders to call on their supporters to refrain from any violence or disruption of the electoral process, whose successful completion is essential for the consolidation of democracy in the country.

http://www.un.org/sg/statements/index.asp?nid=7711

Malawi Electoral Commission's Saturday Evening Briefing Statement

Greetings my fellow Malawians,
I should start by thanking you for your patience and for being there for this briefing. Tonight the Commission wishes to give updates on a number of issues that have happened in the country concerning elections. I should emphasise that in this election every vote will count and we will ensure that only the valid vote gets counted.

Meeting with parties and re-opening of ballot boxes
The Commission had a meeting today with leaders of political parties regarding irregularities that have been noted during the vote counting. The Parties included the United Democratic Front, Peoples Party, Democratic Progressive Party and the Malawi Congress Party. The other political parties were represented by the Centre for Multiparty Democracy.

During the meeting, the Commission reported that in the course of vote tallying, there are cases being discovered where the total number of votes cast is more than the total registered voters for the centre. It has been agreed with the political parties that this can be resolved by opening the ballot boxes and doing a physical audit.

The Commission has agreed with the parties that an implementation plan for the recount of the ballot papers in early next week. The Commission and parties will meet again to finalise the logistics tomorrow at 2 pm.

MEC Commissioners and managers will oversee the process from the side of MEC. Political parties have also committed to ensure that there will be quality monitors and high level representation during the exercise.

Stay order on stopping elections
Today there was a public announcement by the State President that the Commission should stop vote counting and that there should be a fresh election in 90 days.

The Commission’s lawyers went to court later in the day and they have been granted a stay order. This means that the Commission will continue with its operations as normal until the High Court hears the matter.

Vote tallying
Although the Commission will be opening the ballot boxes for a recount, it will not abandon the current vote counting exercise. This will be pursued to the end but the results will not be announced until the vote recount outcome is known and compared with.

Receiving of results sheets from councils
The Commission has received results sheets from most of the councils in the country and data capture is ongoing. As of 9PM today we had captured 2,759 centres representing 62 percent.

With these few remarks, I wish you all the best

Justice Maxon Mbendera, SC

Chairman

Saturday, May 24, 2014

Mesn Says: Peter Mutharika Is Malaw's Next President!

MESN Verification Statement on Partial Official Results announced by the MEC

Delivered in Blantyre – 24 May 2014

Ladies and gentlemen, last night at 10 pm on 23 May the Malawi Electoral Commission (MEC) announced partial official results for the presidential election. The Malawi Electoral Support Network (MESN), as part of it comprehensive observation effort for the 2014 Tripartite Elections, conducted a Parallel Vote Tabulation (PVT) exercise to verify the accuracy of the official results for the presidential election as announced by the Malawi Electoral Commission (MEC).

Under this initiative, MESN deployed 800 trained and accredited PVT Observers to a representative random sample of polling stations located of 800 polling stations, representing more than 1.3 million registered voters, located across all three regions, all 28 districts and all 193 constituencies.

The PVT methodology is based upon well-established and widely-accepted statistical principles. PVT’s are a common tool of citizen observer and have been conducted across Africa, including: Ghana, Kenya and Zambia. The PVT is not new to Malawi. The methodology was used here in 1999 and 2009 – in both cases the PVT verified the accuracy of the official results.

The PVT is based solely upon the official results announced at sampled polling stations. As previously reported by MESN, at over 85% of polling stations the Democratic Progressive Party (DPP), the Malawi Congress Party (MCP), the People’s Party (PP) and the United Democratic Front (UDF) had party agents present and signed the official results form for the presidential election (MEC.060c) signifying they agreed with the announced results.

PVT Observers did not count any ballot papers themselves nor did they ask any voter whom he/she had voted. The PVT did not rely on any information from print or electronic media. It is an entirely independent exercise conducted solely by MESN with the intent of providing independent information on the accuracy of the official result of the presidential election regardless of the outcome.

MESN has analysed the partial official results released thus far by the MEC. The results from the 30 percent of polling stations announced by the MEC track closely with the data from the PVT when the response rate by region and district is taken into account. Malawians should have confidence that the results released thus far from the MEC are an accurate reflection of those polling stations that have been tallied.

However, the distribution of the polling stations announced by MEC is not representative of the entire country. Results from more polling stations in Northern and Southern region have been processed than for Central region. Thus, the final official results to be announced by the MEC are likely to be different from the partial results released by the MEC on 23 May.

Based on reports from 795 of its 800 PVT Observers, MESN can state with 99% confidence that when the MEC announces the final and official results for the presidential election:

Prof. Peter Mutharika should receive between 32.7% and 39.3% of the vote;

Dr. Lazarus Chakwera should receive between 25.1% and 31.7% of the vote;

Dr. Joyce Banda should receive between 18.2% and 21.8% of the vote;

Atupele Muluzi should receive 11.9% and 15.5% of the vote; and

The remaining 8 presidential candidates combined should receive between 1.2% and
3.0% of the vote.

MESN’s PVT data also shows that the final turnout figure for the presidential election will be between 68.7% to 72.5% (of which between 1.4% and 2.0% of ballots will be declared null and void because the voter’s intention could not be clearly determined).

The estimates provided by MESN are not the official results for the presidential election. Only the MEC can announce official results. However, MESN’s estimates are exclusively based on the official results as announced by MEC presiding officers at a representative random sample of polling stations as recorded by MESN PVT Observers.

MESN is sharing this information because despite the challenges experienced so far with the 2014 Tripartite Elections the integrity of the process has not been fundamentally undermined. While there were problems with the delivery of polling materials that resulted in the late opening of polling stations and there have been serious delays with the tallying process, there is no evidence to suggest that these are more than logistical issues. MESN also believes it is important to release this information at this time to provide the Malawian people with an accurate and independent picture given concerns raised by various interested parties.

MESN calls on all political parties, candidates and Malawians to be calm and to show political restraint as the MEC continues to tally the results from the 4,445 polling stations and announces the official results for the presidential elections.

Let Justice and Peace Embrace!

STATEMENT ABOUT THE TRIPARTITE ELECTIONS

Preamble

The Episcopal Conference of Malawi, an umbrella body for the eight Catholic Dioceses in Malawi, having followed with keen interest the turn of events surrounding the current Tripartite Elections, wishes, through this statement, to make its humble but sincere contribution towards the building of our nation at this critical juncture.

What we have noted

We recognize that the road to the tripartite polls has been a mixed bag of preparatory successes and challenges resulting in doubts been cast on the levels of preparedness, the competence of the Malawi Electoral Commission and the credibility of the results;

We note that some logistical challenges resulted into some polling centres opening late and some other pockets of polling centres not actually voting on 20th May in so doing heightening the levels of impatience among some Malawian citizens;

We regret that in a few places the levels of frustration because of electoral related logistical challenges degenerated into ugly scenes of anarchy and violence;

We note with a sigh of relief that even in such a challenging operating environment, alternatives were found to allow Malawians exercise their right to vote on 21st and 22nd May;

We note and respect the sentiments that have so far been expressed by various political parties, the Malawi Electoral Commission and various stakeholders.

Our Call and Our Appeal

We the Catholic Bishops, realizing and reiterating the significance of elections to our nation 50 years after independence and considering as well that this is the only time that Malawians have to elect or re-elect leaders who will transform Malawi.

We call for timely, effective and efficient delivery of electoral results that will sustain public confidence in the electoral process;

We call for continued patience, peace and calm from all electoral stakeholders and Malawi citizens in general to create an enabling environment in which the Malawi Electoral Commission releases the official results of the polls;

We call upon all Malawians to refrain from any confrontational, defensive and uncompromising language and allow room for genuine reason, faith and dialogue;

We categorically discourage violence as means of settling differences of our frustrations with the challenges the electoral processes are facing and encourage everybody to give room and space for dialogue and mediation.

Conclusion
As we reminded you all through our recent pastoral letter and as our national anthem always reminds us, let us ask God to bless mother Malawi and keep it the land of peace. We are mindful of the command of the Risen Lord, “Peace is what I leave you, it is my own peace that I give you…..” (John 14:27. We need peace supported by patience to allow the Malawi Electoral Commission to officially release the results.

We reiterate the advice we gave to winners and losers in the same Pastoral Letter:

We would like to remind those that will emerge victorious after the elections of their enormous responsibility to turn around our national woes and take this nation forward. As such, they will celebrate their victory with a sense of humility. They will do this nation a lot of good if they exercise servant leadership, being “last of all and servant of all” (Mk. 9:35, Mat. 20:24 -28), and not narrowly be interested in serving people of their own party or region or ethnicity. Those who lose the elections should accept the results gracefully and quickly turn their energies towards building this country. (Strengthening the Vision of Our Destiny, par.4.2.5 p.17)

We pray that the peace and calm that has been characteristic of Malawi as a nation will continue to prevail in our country and that justice and peace will continue to embrace in our midst.

23rd May, 2014

Signed by:

Rt. Rev. Joseph Mukasa Zuza

Chairman – Episcopal Conference of Malawi

Thursday, May 22, 2014

MESN Calls for Calm, Urges Parties to be Responsible

Press Release
22 May 2014 – Blantyre

The Malawi Electoral Support Network (MESN) continues to observe the process with trained accredited observers at 29 of the 36 district collation centres. Reports form MESN Observers at district collation centres show that the process is preceding very slowly and there are serious problems with the functioning of the computer software.

Thus far there have been no reported incidents of results being manipulated at district
collation centres.

MESN has released a comprehensive statement on the setup and opening, voting and counting processes.

This statement was based on reports from MESN’s Parallel Vote Tabulation (PVT) Observers who are deployed to a representative random sample of 800 polling stations located across all three regions, all 28 districts and all 193 constituencies.

While opening was delayed at many polling stations, once polling stations opened the process was generally uniform and consistent with the procedures by the Malawi Electoral Commission (MEC).

The voting procedures have multiple checks to ensure the integrity of the process. Of particular note:

.At 96% of polling stations there was a voter’s register;

.At 95% of polling stations all voters’ fingers were marked with indelible ink; and

.At 96% of polling stations no one attempted to disrupt the voting process.

Of particular importance, political parties had their representatives at the vast majority of polling stations and where the party agents were present, they almost universally signed the official results form for the presidential elections, indicating they agreed the official results were an accurate reflection of the ballots cast.

While the MEC is experiencing challenges with the tabulation of results, the process is being closely observed and MESN’s PVT will be able to verify the accuracy of the official results as announced by the MEC.

MESN calls on the nation to remain calm and for all political parties and candidates to behave responsibility.

While there have been problems, these have not yet fundamentally undermined the credibility of the process.

MESN urges the MEC to communicate regularly and frequently to help keep the Malawian people informed about the tallying process. MESN appeals to the MEC to consider releasing results as they are verified to enhance transparency and build confidence.

AU Commends The People Of Malawi For A Transparent Electoral Process And Calls For Stakeholders To Exercise Restraint As They Await the Final Results

AFRICAN UNION

PRESS STATEMENT

At the invitation of the Government of the Republic of Malawi and the Malawi Electoral Commission (MEC), the African Union Commission deployed an African Union Election Observation Mission (AUEOM) to the 20 May 2014, Tripartite elections in Malawi.

The AUEOM comprised of 50 Observers, including 10 Long Term Observers (LTOs) and 40 Short Term Observers (STOs). The observers are drawn from the Pan-African Parliament, African Ambassadors to the African Union (AU), Election Management Bodies (EMBs), and Civil Society Organisations (CSOs).

On Election Day, the AUEOM observers were able to reach 262 polling stations to observe the opening, voting and counting processes. This statement is the preliminary assessment of the AUEOM. Final detailed report of the AUEOM will be submitted in due course.

The AUEOM notes from its observations that voters turned out in impressive numbers even before the stipulated opening time. The environment was largely peaceful and the election was conducted in compliance with procedures stipulated in the legal framework. The voting procedures were simple and easily understood by voters.

However, the AUEOM notes that MEC was faced with operational challenges which included late delivery of voting materials in many places as well as poor weather conditions in others. This resulted in delays, with some polling centres opening as late as 1400 hours. For these reasons, the MEC had to extend voting hours and reschedule polling in some of the affected centres.

Further to the unavailability of some materials such as ballot papers and indelible ink, the AUEOM also noted that there were challenges regarding the delivery of adequate quantity of election materials to some centres. Examples include Monkey-bay School, Nikisi School and St. Augustine III Polling centres in Mangochi were the voting process was interrupted at due to shortage in supply of ballot papers.

Similarly, in Machinga Constituency, there was a shortage of ballot boxes while in Zomba District, the non-availability of the voter register at Domasi Government School polling station in Zomba constituency resulted in the delay of voting;

As a result of the above logistical and administrative challenges, polling was postponed in 45 centres (36 centres in Blantyre, 6 centres in Dedza and 3 centres in Lilongwe in Central region). In some of these centers, voters protested the long wait and destroyed materials.

Further to the challenges noted above, the AUEOM noted that the number of security personnel was inadequate for effective crowd control. This limited security coverage necessitated the deployment of the military to intervene in areas where violence occurred such as some areas in Blantyre.

Most AU observers noted that at the close of polls, counting took place in poorly lit facilities with minimal security coverage of the process.

The AUEOM wishes to note that while there were such concerns hinging on logistical challenges, there were also some positive aspects about the elections that are worth acknowledging:

We note that while MEC was faced with logistical challenges to transport materials in time to the polling centres, the Commission was able to address most of these challenges in time to allow voting to start. It is also commendable that, in keeping with the electoral law, voting was allowed to continue in the evening in order to compensate for the time lost due to late opening of the polls;

The AUEOM teams observed with satisfaction the efforts of election personnel to manage the operational challenges experienced on Election Day. The AUEOM further commends election officials for consistently applying stipulated procedures throughout the voting process;

AUEOM noted the presence of independent citizen observers at most of the polling stations visited. Party and candidate agents were also present and they were able to conduct their duties without inhibition or interference;

The polling centres were located in public facilities which were easily accessible to all voters including the aged and persons with disability;

The mission also noted that 43% of election personnel in the polling stations visited were women;

Most of the stations visited by AU observers were laid out in a manner that allowed easy flow of voters and guaranteed the secrecy of the ballot; and

The visible presence of security personnel was noted by AU teams in all the stations visited.

In view of the foregoing, the AUEOM wishes to offer the following recommendations to guide further improvement towards effective delivery and management of future elections:

The Government of Malawi should:

Support the MEC in delivering its mandate by ensuring adequate and timely approval and disbursement of funds for elections.

The MEC should:

Undertake a continuous review of the register to contribute to the credibility of the voters register for the next elections;

The AU mission further recommends that the verification of the register should be done in a timely manner ahead of Election Day and copies of the finalised register availed to political parties in ample time;

Sensitise election personnel on the need to comply with the guidelines giving priority to expectant mothers and voters with infants in the voting process;

Intensify its voter education initiatives and collaborate with relevant government agencies and civil society groups; and

Strengthen the capacity building programmes for its staff.

The Parliament should:
Develop a plan of action for the implementation of the National Gender Policy and the Gender Equality Bill to create an enabling environment for the participation and representation of women;

Amend the legal framework to provide a timeframe within which election disputes should be resolved; and

Amend the legal framework to provide clear guidelines on party and campaign finance regulation.

The Security Agencies should:
Ensure adequate security of the elections, by developing a coordinating mechanism that will enable the MEC and security agencies to harmonise their planning and deployment efforts.

While the tabulation of election results is ongoing, the AUEOM hereby concludes that the 2014 elections provided an opportunity for Malawians to choose their leaders at the polls. The elections were conducted in a largely transparent manner in accordance with the legal framework of Malawi and international standards.

The AUEOM also calls on electoral stakeholders to continue in the peaceful and orderly manner that characterised the pre-election context. We urge parties and candidates to seek redress for disputes that may arise from these elections through the legal systems.

EUROPEAN UNION ELECTION OBSERVATION MISSION – MALAWI 2014 TRIPARTITE ELECTIONS: PRESIDENTIAL, PARLIAMENTARY AND LOCAL COUNCIL PRELIMINARY STATEMENT

...Malawians succeeded to vote despite considerable organisational shortcomings

Blantyre, 22 May 2014

EXECUTIVE SUMMARY

.Notwithstanding considerable organisational shortcomings and a few isolated incidents of unrest, in particular in Blantyre, calm prevailed on election day. Lack of essential material resulted in delays in the opening of polling stations. However, the commitment of polling station staff facilitated the voting process, along with the implementation of ad hoc solutions, made in agreement with political party representatives, to address problems caused by the lack of material. Although these
ad hoc solutions facilitated the conduct of the voting process, their impact on the tabulation process and the results transmission system remains to be assessed.

.Voting was generally conducted in an orderly, calm and peaceful manner. Voters patiently waited to cast their vote despite long queues. EU observers assessed the overall conduct of voting as being good or very good in92 per cent of 404 polling stations.Political party representatives were present in the vast majority of polling streams visited. Approximately half of the polling station staff and 30 per cent of presiding officers were women.

.Despite the weaknesses in the election administration’s structural capacity and the resulting organisational shortcomings, MEC has acted impartially throughout the election period. MEC sought inclusive solutions in an effort to enfranchise all voters following delays in the processing of the voter register.

In the lead up to the elections, MEC initiated a communication strategy aimed
at keeping the public and political parties informed about the situation.

. Civil society organisations played an important and active role throughout the electoral process.

For the 2014 elections, there was an unprecedented level of cooperation between MEC and civil society organisations. Domestic observers were present in the vast majority of the polling stations visited by the EU EOM.

. The election campaign was largely calm and peaceful. Only the four main political parties – the PP,DPP, UDF and MCP – succeeded in holding large rallies and country-wide whistle-stop tours. The remaining political parties channelled the majority of their resources into small meetings and door-to-door campaign activities, due to lack of financial resources and lack of party structures at local level.

The distinction between the ruling PP campaign activities and the activities inherent to the presidential office were not always clear.

.Although MEC made efforts to level the playing field for media coverage by purchasing airtime for political parties and candidates, some media provided unbalanced coverage of political activities.

The PP dominated the airtime on both state-owned radio and television. Galaxy radio allocated more airtime to DPP and Joy radio provided more coverage to UDF. Times TV afforded more airtime to the MCP. The Daily Times, The Nation and radio stations Zodiak and Capital FM provided adequately balanced coverage of political actors.

.The legal framework provides a good basis for the conduct of credible elections in line with international and regional commitments. Nevertheless, a number of shortcomings remain in the law, including absence of rules for financing of election campaigns and lack of clear and enforceable regulations to prohibit the use of state resources for campaigning. Despite the legislation providing sound mechanisms to address election related disputes, the Multiparty Liaison Committees (MPLC) were the preferred forum for seeking timely and effective remedy when resolving election related complaints during the pre-election period.

The EU EOM will remain in country to observe post-election developments and the tabulation of results and will publish a final report, containing detailed recommendations, within two months of the conclusion of the electoral process.

The European Union Election Observation Mission (EU EOM) has been present in Malawi since 12 April 2014 following an invitation from the Malawi Election Commission (MEC). The Mission is led by Chief Observer Véronique De Keyser, Member of the European Parliament. In total, the EU EOM deployed 85 observers from 28 EU Member States and Norway across the country to assess the whole electoral process in accordance with international commitments for genuine elections as well as the laws of Malawi.

The EU EOM is independent in its findings and conclusions and adheres to the Declaration of Principles for International Election Observation signed at the United Nations in October 2005. The EU EOM wishes to express its appreciation to the Malawi Election Commission and other Malawian authorities, political parties and civil society as well as the people of Malawi for their cooperation and assistance in the course of the observation. The EU EOM is also grateful to the Delegation of the
European Union to Malawi and the European Union member states’ diplomatic missions resident in Malawi for their support throughout.

PRELIMINARY FINDINGS BACKGROUND
On 20 May, Malawi conducted for the first time tripartite elections, thus posing significant challenges for all electoral stakeholders, including to the MEC’s capacity and independence. The 2014 elections were highly competitive with the four highest profile candidates competing for the first time, including the incumbent president Joyce Banda who became the head of State upon President Bingu Mutharika’s death in 2012.

The most prominent parties competing for elections were the People’s Party (PP) of President Joyce Banda, the Democratic Progressive Party (DPP) of Peter Mutharika
(brother of former president Bingu Mutharika), the United Democratic Front (UDF) of Atupele Muluzi (son of former president Bakili Muluzi) and the Malawi Congress Party (MCP) of Lazarus McCarthy Chakwera.

Candidates for the simple majority presidential elections were nominated by 12 political parties. Two presidential candidates were female, the incumbent President and Helen Singh of the United Independence Party (UIP), as well as two running mates. A total of 18 political parties and 419 independent candidates, many of whom lost the primaries in their respective parties, competed for 193-seat parliamentary elections, amounting to 1,293 candidates, of which 261 were women.

For the 462 elected seats of Local Councils, candidates from 18 political parties plus 576 independent candidates had their nominations accepted, resulting in 2,412 candidates, of which 419 were women.

LEGAL FRAMEWORK
The legal framework provides a good basis for the conduct of credible elections in line with international and regional commitments. Political rights and fundamental freedoms essential to elections are guaranteed by the Constitution. Nevertheless, a number of shortcomings and inconsistencies in the law remain unaddressed since the previous elections. These include absence of rules for funding of political parties and financing of election campaigns resulting in lack of transparency and public accountability, and lack of clear and enforceable regulations to prohibit the use of state resources for campaigning.

There are also inconsistencies in the constitutional timeframes and statutory legislation for the different parts of the electoral process, including the dissolution of parliament and the campaign period. The amendments to the Constitution and other acts introduced in 2012, aimed at harmonising the electoral legislation for
conducting of the tripartite elections, made no substantial improvements to the previous legal framework.

ELECTION ADMINISTRATION
Despite the weaknesses in the election administration structure and the resulting organisational shortcomings, MEC has acted impartially throughout the election period and made considerable efforts, in a challenging environment, to enfranchise all voters for the 20 May elections.

Key stakeholders expressed a reasonable level of confidence in the integrity of the Commission. Whilst some allegations were raised by political parties throughout the pre-election period regarding attempted rigging, the MEC did not receive, until election day, any official complaint substantiating these allegations.

MEC did not succeed to complete organisational and logistical preparations on time for election day and showed a lack of structural capacity in conducting some key operations of the electoral process, in particular the distribution of election material to polling station level. Furthermore, tight deadlines, together with insufficient internal communication and exchange of information, geographical
dispersion of the MEC commissioners, frequent deployment of commissioners and senior election staff to the field, and inexistent election administration physical structures at the district and constituency levels, posed considerable organisational and logistical challenges for conducting the tripartite elections.

The repeated postponement and late conduct of the voter register verification exercise negatively affected the election calendar with respect to printing of the final voter register. The final voter register was finalised only on 18 May 2014 and shared electronically with the political parties.

MEC introduced some ad hoc measures, such as the use of the permanent record of voter registration (Part A) in addition to the voter register being distributed to polling stations on election day.
Although MEC organised regular stakeholders’ meetings to provide updates on electoral preparations through the National Elections Consultative Forum (NECOF), it failed to clarify concerns raised by political parties and civil society organisations regarding the accuracy of the voter register.

Nevertheless, during the week before elections, public confidence building measures to increase transparency and ensure the integrity of the electoral process were implemented. MEC conducted regular press briefings providing updates on the state of the preparedness for the 20 May elections up to election day.

The National Initiative for Civic Education (NICE) and religious organisations, such as the Catholic Commission for Justice and Peace (CCJP) and the Public Affairs Committee (PAC), have, together with MEC, played a crucial role in conducting civic and voter education activities since June 2013.

Nevertheless, the impact of their activities was hampered by insufficient financial resources and lack of adequate means to cover remote rural areas. Notwithstanding the fact that 107 civil society organisations were accredited by the MEC to conduct civic and voter education, only 12 successfully obtained funding.

Even though voter education activities were assessed by EU observers as being of
good quality, in particular those activities conducted by NICE, their extent was still found to be limited at village level. The main messages disseminated to the public were information on voting procedures and the role and importance of Local Councils, thus providing the opportunity for voters to make a more informed choice.

VOTER REGISTRATION
For the 2014 elections, a new voter register was compiled from July to December 2013, as there was a lack of confidence in the quality of the 2009 voter register. Weaknesses in MEC’s internal communication and capacity as well as logistical and technical difficulties resulted in serious delays in the correct processing of voter registration data. The number of voters in the 2014 final register was 7,470,806.

Both the preliminary and final voter registers were made available very late in the process, affecting the level of confidence of certain stakeholders in the capacity and impartiality of the MEC. Insufficient dissemination of information to the public about the initial problems with registration data processing helped fuel rumours and doubts regarding the integrity of the register.

However, no substantiated complaints of widespread irregularities have been reported. Poor publicity about postponements had an impact on the voter verification exercise, contributing to a relatively low turnout estimated by MEC.

The fact that MEC shared the provisional voter register with political parties, enhanced the level of transparency of the process.

Given the inexistence of a civil register, the lack of systematic registering of births and deaths, and the lack of regulated documents on both date of birth and Malawian citizenship, there is inevitable imprecision about the total number of eligible voters in the country. This needs to be taken into account when questions are raised about the number of registered voters compared to the estimated number of eligible voters in population projections. Whilst issues around spelling of some voters' names, errors in date of birth and quality of some voter photos used in the register clearly exist, these are not sufficient to put in doubt the overall integrity of the voter register.

Constituency boundaries have not been reviewed since 1999. The current delimitation based on the 193 constituencies does not reflect equal proportions of the electorate and the highly populated areas are under-represented in terms of seats in parliament. As a result the existing lack of balance undermines the principle of equal representation of voters.

CANDIDATE NOMINATION
Requirements to stand for elections are reasonable and in line with the international commitments of Malawi. As members of parliament are constitutionally banned from being nominated as candidates due to holding a public office, and the dissolution of parliament only took place on 20 March, the MEC delayed the official announcement of the nominations until the same day. This solution, although practical and generally accepted, remains legally questionable. According to the law, the candidate is
deemed duly nominated when his or her valid nomination paper is delivered to the returning officer and not at the moment of the announcement by the MEC.

The MEC had originally rejected nominations of one presidential (John Chisi of the Umodzi Party) and 14 parliamentary candidates on the grounds of holding public office. The MEC considered employment at universities and membership on boards of public entities - such as the Malawi Broadcasting Corporation - as public offices. Public office holders are prohibited by the Constitution from standing for elections but the legislation contains no definition of this term, thus creating legal uncertainty
regarding the eligibility of a certain category of candidates. Therefore, following successful appeals to the High Court, all rejected candidates were reinstated.

ELECTION CAMPAIGN
The election campaign was largely calm and peaceful with only a few isolated incidents, which had a very limited impact on the election atmosphere. Political parties and candidates were able to campaign freely in all parts of the country, except for a few instances where EU observers noted traditional authorities limiting access of opposition candidates to some areas in Karonga (Mlare), and Zomba (Chikowi and Mulumbe).

Only the four main political parties – the PP, DPP, UDF and MCP – were able to hold large rallies and country-wide whistle-stop tours. The remaining political parties channelled the majority of their resources into small meetings and door-to-door campaign activities with much less visibility, due to lack of financial resources and lack of party structures at local level.

Campaign messages have focused on general socio-economic development issues, with most opposition parties also giving significant emphasis to corruption and governance issues. The incumbent PP focused its messages on the achievements and successes of Joyce Banda’s presidential initiatives in providing housing and livestock to the population.

During the 144 campaign rallies observed by the EU EOM, most of the main parties provided participants with material handouts (campaign t-shirts and other party paraphernalia, food and drink) as well as financial incentives to attend the events.

The ruling PP clearly had an advantage over the other three main parties as it benefitted from the advantages of the incumbency that included more state-owned media coverage. The distinction between the ruling PP campaign activities and the activities inherent to the presidential office were not always clear.

The blurring was evident in daily state television and radio broadcasting of PP rallies
and in presidential activities where attendants and speakers wore clothes and party paraphernalia of the ruling party, including the President herself. Such events included the inauguration of public works such as the Malawi Rural Electrification programmes, construction of roads and housing projects in Mulanje, Zomba and Thyolo the promoting of a traditional chief in Machinga, Chikwawa and Mulanje, where appeals to vote for PP where addressed to the audience.

The laxness of campaign financing rules results in practically inexistent mechanisms for accountability.

Also, the lack of explicit prohibition of the use of state resources for campaigning, as already highlighted by the 2009 EU EOM, opens up the possibility of blurring between the ruling party resources and state resources.

MEDIA
Freedom of expression and of the press were respected throughout the campaign period. Coverage of election activities was reported to be carried out without restriction of movement or access.

Journalists generally adhered to the Code of Conduct for media reporting on the 2014 elections adopted by the MEC, media institutions and the Media Council of Malawi (MCM).
The media provided substantial coverage of the electoral process, with special radio programmes and supplements in newspapers.

This contributed to the broadening of the debate on the electoral campaign and electoral procedures. Also, the organisation of presidential and vice-presidential
debates, which were broadcast by private radios and the state-owned media, provided voters with the possibility of making a more informed political choice.

Although MEC made efforts to level the playing field for media coverage by purchasing airtime for political parties and candidates, some media provided unbalanced coverage of political activities. The presidential race dominated news coverage over parliamentary and local government elections. The PP dominated the airtime on both state-owned radio and television, partly due to the live broadcasts of ‘development rallies’ and ‘Presidential Diary’ events, where the separation between the president’s
political party and presidential functions were unclear.

According to the EU EOM media monitoring results, [1]Galaxy radio allocated more airtime to DPP whereas Joy radio provided more coverage to UDF, by broadcasting live the two parties’ campaign rallies.

According to both radio stations, the time allocated to the two parties was paid airtime. The private television station Times TV afforded MCP more airtime in its news coverage than other parties.

The Daily Times, The Nation and radio stations Zodiak and Capital FM provided adequately balanced coverage of political actors. The four main political parties that enjoy the biggest financial resources purchased more paid advertisement in the media than other parties. News bulletins and election related reports were broadly neutral.

However, the state-owned radio and television covered the PP in a more positive tone, whereas Joy radio and Galaxy gave a more positive tone to UDF and DPP, respectively.

The Malawi Communications Regulatory Authority (MACRA) warned broadcasters over
unprofessional conduct in terms of hate speech and unbalanced coverage. Nevertheless, only Galaxy was punished for broadcasting abusive language. During the campaign, no broadcaster was disciplined for unbalanced coverage.

ELECTORAL JUSTICE
The legislation provides for sound mechanisms to address election related disputes. All complaints related to alleged irregularities are handled by the MEC, whose decision may be appealed to the High Court in accordance with international and regional commitments. Nevertheless, the access to justice for individual voters is limited by geographical and financial reasons due to the presence of only four
High Court registries in the country and submissions to the courts being subject to court fees.

Nevertheless, the establishment of the MEC Complaints Handling Unit, shortly before election day, and the possibility to communicate the complaints by email or telephone improved the accessibility of the complaints mechanisms to general public.

The legal channels for election related disputes were rarely used during the pre-election period as most complaints from stakeholders were resolved through the Multiparty LiaisonCommittees (MPLC).

Although there were a number of complaints submitted to the MEC structures at district level, mostly from political parties and candidates, related to voter registration and campaigning, in the majority of cases these were forwarded to the MPLC for resolution. Despite the fact that the MPLCs are of an informal nature and have no legal enforcement powers, they served as the preferred tool for conflict resolution in almost all districts.

Nevertheless, in three districts (Balaka, Machinga and Mangochi) the effective functioning of the MPLC was hampered by lack of funding.

A small number of electoral offences tried before magistrate courts included multiple registration, possession of multiple voter cards, theft of a voting card, and destruction of campaign material. The penalties applied by the courts were either fines from MWK 10,000 to 30,000 (approx. € 20 to € 60) or suspended sentences.

PARTICIPATION OF WOMEN AND MARGINALISED GROUPS
For the 2014 elections, two presidential candidates were female: the President and Helen Singh of the UIP. Two running mates were also women. Approximately 20 per cent of the parliamentary and 17 per cent of the Local Council candidates were women (259 and 415, respectively).

To encourage participation of women, the MEC reduced nomination fees for female parliamentary and Local Council candidates by 25 per cent. Female parliamentary and Local Council candidates enjoyed support under the auspices of the 50:50 campaign which included capacity building and financial assistance to cover part of their campaign expenses.

Cultural barriers and economic constraints are the main

(1.The sample of the EU EOM Media Monitoring Unit included the state-owned MBC TV and the Times TV; the state-owned MBC Radio 1, Capital Radio, Zodiak Radio, Galaxy FM and Joy Radio; and two privately owned newspapers, The Nation and The Daily Times.)

impediments to more active participation of women. The fact that some parties were hesitant to put women forward as candidates resulted in a number of women candidates running as independents.

Women participated in large numbers in the campaign events. On election day, in the polling stations visited by EU observers, approximately half of the polling station staff and 30 per cent of presiding officers were women.

The Constitution protects the right of persons with disabilities to participate in the public affairs of the country. The legislation contains reasonable provisions on assisted voting. The majority of polling station observed were accessible to voters with disabilities with only minor assistance.

The right to vote was guaranteed for prisoners both on remand and convicts, with the exception of those sentenced to death. Prisoners could register as voters and polling stations were set up in prisons.

There were targeted Civic and Voter Education activities conducted in prisons.

DOMESTIC OBSERVERS
Civil society organisations played an important and active role throughout the electoral process. The main groups deploying observers were the National Initiative for Civic Education (NICE) and the Malawi Election Support Network (MESN).

For the 2014 elections, there was an unprecedented level of cooperation between MEC and civil society organisations. A Parallel Vote Tabulation (PVT) exercise is being conducted by MESN in close cooperation with the MEC. MESN also established the Malawi
Election Information Centre (MEIC), the Election Situation Room and Citizen Journalism Initiative.

On election day, NICE and MESN deployed observers to all polling stations in the country.

POLLING AND CLOSING
Notwithstanding considerable organisational shortcomings and a few isolated incidents of unrest, in particular in Blantyre, calm prevailed on election day. Lack of essential material resulted in delays in the opening of polling stations.

However, the commitment of polling station staff facilitated the voting process, along with the implementation of ad hoc solutions, made in agreement with political party
representatives, to address problems caused by the lack of material. Various essential material were missing including voter register, indelible ink, ballot boxes, seals, and ballot papers, amongst others.

In Blantyre, Mangochi and Chikwawa some polling stations opened as late as 4:00pm. Although these ad hoc solutions facilitated the conduct of the voting process, their impact on the tabulation process and the results transmission system remains to be assessed.

Of the polling stations visited during opening, 51 per cent opened either on time or with less than 30 minutes delay. These shortcomings were reflected in the EU EOM assessing the overall opening process as either good or very good in 49 percent of the polling stations visited.

Voting was generally conducted in an orderly, calm and peaceful manner. Voters patiently waited to cast their vote despite long queues being reported in many polling stations visited by EU observers.

In the 404 polling streams observed by the EU EOM during voting, the overall conduct of voting was assessed as being good or very good in 92 per cent of cases and the performance of polling staff was assessed to be good or very good in 93 per cent of the polling stations visited.

Political party representatives were present in 99 per cent of polling streams visited, with the PP present in 93 percent and the DPP in 81 per cent. Local monitors were present in 97 per cent of streams visited.

In some polling stations where opening was delayed or voting interrupted, voting was prolonged until 9:00pm. In 45 other polling stations in Blantyre, Lilongwe and Dedza, MEC annulled the voting on 20 May and re-opened polling on the following day, in order to guarantee the right to vote for every registered voter.

The overall assessment of the closing and counting process was good or very good in 64 per cent of the polling streams observed by the EU EOM, with the transparency of the process being assessed as good or very good in 82 per cent of the streams observed. The counting process in the polling streams observed was conducted in the presence of political party representatives and local monitors and the integrity of the counting process was sufficiently protected.

The EU EOM continues to observe the aggregation of results and will follow any complaints and the appeals process before reaching its final conclusions.

An electronic version of this Statement is available on the Mission website www.eueom.eu/malawi2014.

Zachimalawi

Saturday, May 31, 2014

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Thursday, May 29, 2014

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Sunday, May 25, 2014

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Thursday, May 22, 2014

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AU Commends The People Of Malawi For A Transparent Electoral Process And Calls For Stakeholders To Exercise Restraint As They Await the Final Results

EUROPEAN UNION ELECTION OBSERVATION MISSION – MALAWI 2014 TRIPARTITE ELECTIONS: PRESIDENTIAL, PARLIAMENTARY AND LOCAL COUNCIL PRELIMINARY STATEMENT

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