MALAWI ELECTORAL COMMISSION DECLARATION OF RESULTS FOR BYE-ELECTIONS

MALAWI ELECTORAL COMMISSION DECLARATION OF RESULTS FOR:
 Zomba Chisi Constituency
 Mtope Ward in Mchinji West Constituency and
 Ngala Ward in Lilongwe Msozi North Constituency
23rd December, 2015, Blantyre

 My fellow Commissioners,
 The Chief Elections Officer, Mr Willie Kalonga and your deputy
 All candidates, representatives of various political parties and candidates
 Representatives of various Civil Society Organisations
 Management and staff from MEC secretariat
 Members of the press
 Ladies and gentlemen;
I welcome you all to this function today where the Commission will announce the official results following the by-elections that were held yesterday, Tuesday, December 22, 2015.

The Commission met earlier today to determine the results. However, before I announce the results of the Commission, allow me to give an overview of the journey we have travelled to reach this far.
Vacancies
The vacancy in Zomba Chisi Constituency arose because of the death of Hon. Peter Chizalo Mangulenje on September 23, 2015. In the same way in Mtope Ward, the vacancy arose following the death of Mr John Msumatiza on July 26, 2015, who was councillor for the ward.

However, Ngala Ward in Lilongwe Msozi North Constituency fell vacant because the holder, Mr Misheck Khomba, resigned on personal grounds on September 8, 2015. This is the first time a
vacancy has risen because of resignation.

Pursuant to section 32(2) of the Parliamentary and Presidential Elections Act and Section 23(2) of the Local Government Elections Act, the Commission had to conduct by-elections to fill the
vacancies.
Preparation for by-elections
This is the third by-elections held after the 20 May, 2014 Tripartite Elections. We launched the by-elections on 21st November in all the three areas. Then followed with registration and voter verification from 26th to 30th November 2015.

During this period from the three by electoral areas, the Commission registered 2,368 (1,115 men and 1,253 women) first-time voters bringing the total number of registered voters to 67,557 from 65,189
registered in 2014.

Distinguished ladies and gentlemen, the Commission received 10 nomination papers on 1st December 2015 through the Returning Officers. There were six candidates in Zomba Chisi Constituency and two candidates in each of the two wards of Mtope and Ngala.

At its meeting held on 3 December 2015 the Commission approved  all the candidates to contest.
Out of the 10 candidates who presented nomination papers, only 2 were women representing 20 per cent. One woman contested in Zomba Chisi and the other in Ngala Ward. Mtope Ward had no
female contestant. If compared to the last by-elections on August 25 this year, the current situation is retrogressive.

Out of the 29 candidates who contested on August 25, a total of 8 were women representing 28 per cent.

Distinguished Ladies and Gentlemen, this is of concern not only to the Commission but to the nation as well. In the Commission we promote the 50 – 50 campaign in one way or the other. Activists are
pushing for the same.

The Government is advocating for increased number of women.

The irony, however, is that the women themselves are not coming forward to present themselves for candidature. We call on political parties to come up with deliberate policies and measures to enable
as many women as possible to contest.

Women should also make themselves available to be elected.
Appreciation of stakeholders
 MEC wishes to extend its appreciation to the Ministry of Finance for releasing money to conduct the by-elections.
 We continue to commend the National Initiative for Civic Education (NICE) for its continued support in public mobilisation whenever there is a by-election.
 We appreciate the faith-based organizations and religious leaders who helped in voter education by reading to their
congregations the letters we were sending through them with various voter information.
 Some more appreciation should go to the Traditional leaders because they mobilized their subjects when we went to hold voter education meetings in their areas.

 We continue to appreciate the Malawi Police Service for providing security from the start up to the end today.
 The media for sensitizing the public on these by-elections and publishing correct information on the by elections.
 District Commissioners, Chief Executives of councils and members of District Election Supervisory Committees who managed the elections on the ground.
 A fitting word of high and hearty commendation to my fellow Commissioners and the MEC secretariat staff for their dedication, professionalism, commitment and selflessness in
managing the electoral process so well – To you I say well done!! Keep it up!
 Finally I should also express sincere gratitude and appreciation to all registered voters and Malawians at large for the manifestation of tolerance, peace, trust and spirit of cooperation in their conduct, during the electoral period.
I should also in a special way thank all those that turned up for voting.
Declaration of Results
Distinguished Ladies and Gentlemen, this is the moment that we have been waiting for. I will now proceed to declare the results.

Voting in the by-elections took place on Tuesday, December 22, 2015 from 6 AM to 6 PM in 37 centres. We monitored the process and we have come to the conclusion that the conduct of the elections satisfied the tenets of a credible poll and the Commission declares it such.
The Commission has, therefore, determined the results as follows:-
 Mtope Ward, Mchinji West Constituency
Mtope Ward had two candidates. With a total of 26,433 registered voters, 4,569 registered voters turned up for polling.
This represents 17.29% voter turnout. There were 54 null and void votes.
This represents 1.18%.
The results of the voting are as follows:
1. Auleriano Kalemba (male)- Malawi Congress Party (MCP)
2,444 votes
2. Benedicto Tsele (male) - Democratic Progressive Party (DPP)
2,071 votes

Distinguished Ladies and Gentlemen, on behalf of the Commission I, Justice Maxon Raphael Mbendera, SC now declare Auleriano Kalemba who contested as Malawi Congress Party candidate the winner in the Mtope Ward by-election.
 Ngala Ward, Lilongwe Msozi North Constituency
Ngala Ward had two candidates. With a total of 15,330 registered voters, 2,128 voters turned out for polling.
This represents 13.88% voter turnout. There were 30 null and void votes.
This represents 1.41% %.
 The results of the voting are as follows:
1. Master Rodgers Chazama (male) - MCP 1,381votes
2. Regina Sululu (female) - DPP 717 votes
Distinguished Ladies and Gentlemen, on behalf of the Commission I, Justice Maxon Raphael Mbendera, SC now declare Master Rodgers Chazama who contested as Malawi Congress Party candidate the winner in the Ngala Ward by-election.
 Zomba Chisi Constituency
Zomba Chisi had six candidates. With a total of 25,794 registered voters, 9,429 registered voters turned out for polling.
This represents 36.56% voter turnout. There were 135 null and void votes.
This represents 1.43%. The results of the voting are as follows:
1. Mark Michael Botomani (male)- DPP 3,019 votes
2. Stephen Alexious Chikwapula (male) - Independent 107 votes
3. Dyson R. Chimwala, (male) - Independent 2,792 votes
4. Asma W. Mponda (male) - People's Party 950 votes
5. Brazio Namakhuwa (male) - MCP 208 votes
6. Felistas Mpando Sumani, (female) - Independent 2,218 votes
Distinguished Ladies and Gentlemen, on behalf of the Commission I, Justice Maxon Raphael Mbendera, SC now declare Mark Michael Botomani who contested as Democratic Progressive Party
candidate the winner in the Zomba Chisi by-election.
In all the three areas we had 67,557 registered voters. A total of 16,126 voters turned up for polling representing voter turnout of 23.87 percent.
The highest percentage voter turnout was 36.56 registered in Zomba Chisi Constituency while the lowest was 13.88 in Ngala Ward.
The voter turnout this time around is less satisfactory if compared to the turn out in the by-elections held on August 25 this year. During the August 25 by-elections, held in five wards, the
average voter turnout was 25.87 percent.
Our Observations and concerns
 The low voter turnout trend is of concern to the Commission. I stated last time that there was need for a thorough research to look into the structural causes and we still push for this.
We need to go to the electorate and hear what makes them not to show up in good numbers for polling as they do during campaign rallies.
 The number of political parties contesting in by-elections is dwindling. We have over 50 registered parties but only three contested in these by-elections. During the Tripartite Elections only 19 elections participated.
During the October 8, 2014 by-elections 5 political parties participated. During the August 25, 2015 by-elections seven political parties contested.
Now the number of parties contesting is at 3. This is raising questions that;
if a party cannot contest in the national elections, cannot take
part in by-elections, what elections will they participate in? Do
we still need their existence in the political parties register or we
should find a formula of deregistering such parties so that we
remain with the active ones? There is a debate around this and
I hope the scenario here will also contribute to the conclusion
of the said discussion.
 We have also noted reduced competition in Local Government By-elections. In the August by-elections that took place in five wards, four of the wards had six candidates while one had five candidates.
But this time around both wards have two candidates each. This raises questions as to whether we
are still valuing the position of councillors or not.
We nearly had uncontested election.
 We have also noted silence from the women empowerment advocates. During the Tripartite Elections there were so many  stakeholders rising up to give moral, technical and material support and encouraging women to contest in elections.
We have noted no firm action from the activists to support women  participation.
MEC adopted the cycle approach to elections management and we expect all the stakeholders to follow suit.
They should not be active during national elections and then go under like submarines.
 The by-elections offer an opportunity for the activists to concentrate their efforts and encourage women to participate in elections.
 There are many civil society groups that were accredited to help with voter education. However, many are not seen to be active during by-elections.
We urge them to continue using their accreditation during by-elections. They should also adopt the electoral cycle approach. The same message should be extended to the Development Partners who provide support to the CSOs. Some CSOs want to implement activities during the in-between the ballot period but it is difficult for them to get the funding.
Conclusion
On behalf of the Commission, I congratulate the winners and wish them well. I urge all political parties and candidates to accept the outcome of the election as the expression, reflection and
representation of the will of the people.

I encourage any party or candidate wishing to challenge the election results to do so in accordance with the Laws of the Republic of Malawi.

I also thank everyone present here for coming to witness this ceremony. Your presence is not taken for granted. It is highly regarded.
May God Bless you All.
May God bless Mother Malawi.
I thank you for your attention.

Made this 23rd day of December 2015 at Blantyre
_________________________________________
Justice Maxon Raphael Mbendera, SC
CHAIRMAN

STATEMENT BY MINISTER OF JUSTICE AND CONSTITUTIONAL AFFAIRS ON ARRESTS CONCERNING HOMOSEXUAL ACTS

This statement is issued in response to the recent news in the print and electronic media alleging that the Police had arrested 19 year old Curthbert Kulemera and 33 year old Kelvin Gonani on 7th December on suspicion that they engaged in homosexual acts.

The Ministry of Justice wishes to reiterate Government’s commitment to the observance of human rights,   as   enshrined   in   our   Constitution.     The   Constitution   of   Malawi represents the collective wisdom and values of the people of Malawi.   The Constitution, being the basic law, provides the framework that guides the proper implementation of the aspirations of the people of Malawi through the various statutory laws that Parliament enacts.

Malawi as a member of the   international   community   is   also committed   to   adhere   to   universally accepted human rights standards. The   Government, therefore, acknowledges   the view   expressed by International Human Rights bodies that the inclusion of offences prohibiting homosexuality on our statute books within our legislation may be at variance with the views held by such bodies. Consequently, the Government has committed itself to review the penal laws on homosexuality under the Penal Code, but this has to be done in consultation with the people of Malawi as prescribed by the Constitution. This position was clearly stated by Government before the United Nations and African Union treaty bodies.

Further in line with this commitment, Government has imposed a moratorium on arrests and prosecution of consensual homosexual acts.   Government has also consistently invited civil society to carry out intensive sensitization campaigns on gay rights, as the concept is alien to Malawian culture, since the previous two attempts by to change the law met with stiff resistance from the general public.

Government has noted the concerns raised by interested parties and international bodies regarding the arrest of the two men. Government wishes to assure those concerned that the Ministry of Justice and Constitutional Affairs has carried out investigations into the arrest of the two men. The findings of these investigations do not disclose a case of two consenting male adults indulging in consensual sex, hence the Police’s diligence to require medical examination in order to establish the truth. The Ministry has not detected any prejudice or malice on the part of the conduct of the Police.

Further, Government wishes to emphasize that the circumstances of this case required the state to provide protective custody to both the alleged victim and suspect. It is important, therefore, that due process had to be allowed to take its course and the expectation was that all interested parties would desist from making pronouncements   that   are   either   unduly   conclusive   or   would,   effectively,   jeopardize the proper conclusion of the matter.

In its efforts to review the law for compliance with the Constitution and Malawi’s international obligations, Government will immediately engage its agencies, namely the Law Commission and the Malawi Human Rights Commission so that all the cultural sensitivities regarding this issue are properly addressed. As this process is being undertaken, Government is appealing to all those concerned especially the international community to fully appreciate that this is a highly sensitive matter that requires understanding and accommodation of diverse views before it is fully resolved.

Meanwhile, as Government is addressing the specific incident that occurred in Lilongwe, it has noted with concern that comments coming from some commentators from both within and without show lack of appreciation and respect of Malawi’s culture and traditions as well as the challenges which Government is facing in resolving this issue. While Government welcomes an open discussion of the issue by all concerned, the use of inflammatory and derogatory language being made by some of those contributing to the discussion is counter-productive and serves only to divert proper focus on the issue at hand.

Finally, Government is re-affirming its commitment to observe the moratorium. In light of this commitment the two gentlemen have been released from custody and the charges dropped.

Samuel Tembenu

Minister of Justice and Constitutional Affairs

RESPONSES ON FINANCIAL MISMANAGEMENT AT THE MALAWI ELECTORAL COMMISSION

The Central Internal Audit Unit of the Ministry of Finance conducted an investigative audit at the Malawi Electoral Commission between 27th April and 15th May, 2015. The auditors had an exit meeting with MEC Management on 15th July, 2015. MEC submitted its responses on August 4, 2015.
On August 7, 2015 the Director of Internal Audit issued a report which did not incorporate responses from the Commission. On 14 August 2015 the MEC brought it to the attention of the Secretary to the Treasury on the omission and requested for the report to be revised. It was an amazement to MEC to get a letter from the Secretary to the Treasury six weeks later on 28 September, 2015 with the same report as a final version with an urge to the Commission to take action.
The MEC Chairman was compelled to seek an audience with the Chief Secretary to the Government and it was agreed that the audit report should be revised to include responses from MEC. This has also been communicated to the Secretary to the Treasury and it is the direction being pursued now.
However, the leakage of the report has generated wide media coverage and public interest. The Commission took a stand not to defend itself on material detail of the audit report with the impression that the final audit report will serve the purpose. However, stakeholders have been calling on the Commission to come out on the issue and give to the public its responses on the audit queries.
During a meeting with the board of the Centre for Multiparty Democracy (CMD) on November 12, 2015 and the National Elections Consultative Forum (NECOF) on November 13, 2015 members opined that the Commission should address the information gap created by leakage of the draft and delay in finalising the report. In view of that the Commission has been compelled to avail to the public its documents and records that constitute its responses to the issues raised in the draft audit report.
The compendium is available for download at www.mec.org.mw and on SCRIBD at https://www.scribd.com/doc/291109661/MEC-Response-to- Investigative-Audit-by-Ministry-of-Finance The call that an action should be taken basing on the audit findings has put the Commission in an awkward situation.
The Commission cannot request the people mentioned to refund the allowances they got when there is full evidence that they did travel. The same applies to all other cases. All caution should be exercised to avoid victimising innocent persons who can be exonerated by the final audit report. It should be stated that the Commission is ready to take any appropriate action and shield no one if a credible and thorough audit exercise substantiates financial mismanagement.
The Commission is committed to financial prudence in line with all public regulations and international standards. That is why, apart from being audited by the Auditor General, it is also audited by private auditors.
The Commission has also undertaken several initiatives to improve corporate governance and risk management by among others establishing a fully staffed Internal Audit Department and an Audit Committee of the Commission.
Signed this 24th day of November, 2015. 

JUSTICE MAXON MBENDERA SC, MEC CHAIRMAN

PETITION TO PRESIDENT PETER MUTHARIKA ON ACCESS TO INFORMATION BILL

PETITION TO PRESIDENT PETER MUTHARIKA

 24^th NOVEMBER, 2015

Tabling of the Access to Information Bill During the Current Sitting of Parliament

We, the Media Owners and Managers in Malawi – through the Media Institute of Southern Africa – Malawi Chapter (MISA-Malawi) and the Media Council of Malawi (MCM), met on 6^th of November 2015 at Malawi Sun Hotel in Blantyre to critically reflect on the progress towards the tabling of the Access to Information Bill during the current sitting of Parliament.

During our introspection, we noted with profound concern that: 

1.     Cabinet had not yet discussed and recommended the Bill to Parliament and as such, the Bill was not yet part of Parliamentary Business. When Cabinet eventually met on Tuesday, November, 17, 2015, they discussed and referred the bill back to the Cabinet Committee on Legal Affairs on grounds that it has “inconsistencies”. The “inconsistencies” have, however, not been disclosed to the public.

2.     Government has introduced substantive changes, without wide and effective consultations with the citizenry and  concerned stakeholders and interests groups, to the proposed governance structure and obligations of  civil society organisations (CSOs) to disclose information;

3.     Government, through the public statements by Your Excellency, Minister of Information and Leader of Government Business, has communicated confusing, contradictory and imprecise messages about the state of Government readiness to table the Access to Information Bill during the current sitting of parliament;

In light of the foregoing concerns, we wish to remind your Excellency, as you are aware, that:

1.     The right of access to information is a constitutional right, as per Sections 36 and 37 of the Malawi Republican Constitution as enacted in 1995, and its implementation or otherwise directly reflects on the constitutionality and  quality of governance prevailing under any good regime;

2.     The right of access to information is an enabling right which gives citizens access to information to able them to enjoy, exercise  and demand all other rights and as such should never be left to chance or whims of individual duty-bearers;

3.     The right of access to information obligates Government to supply people with reliable and necessary information as a precondition for the realisation of political, economic and cultural aims and aspirations;

4.     The right of access to information aims at protecting and promoting individual and collective good in Malawi rather than sectional interests;

The right to access to information is an integral part of human rights in international instruments and it pleased Your Excellency when you drafted your Party Manifesto to include the enactment of the Access to Information law to support democratic governance in the country.

We, therefore, petition your Excellency, as custodian of the Constitution of the Republic of Malawi, to take due diligence and taking full responsibility by ensuring that:

1.     The government makes public the “inconsistencies” as identified by cabinet for the public and other stakeholders to get a better understanding of the problems.

2.     A meeting between the Legal Affairs Committee of Cabinet and the Task Force that drafted the ATI Bill be urgently convened to address the mentioned “inconsistencies”.

3.     The Access to Information Bill is tabled before Parliament rises in December 2015.

4.     Your Excellency use your executive powers to reject the adulterated version of the Bill and uphold the original version, which reflects the outcome of the inclusive international and domestic consultations that recommended a governance structure that establishes the Independent Information Commission and the “use of public resources” as justification for and scope limitation on private and CSO bodies’ obligations to grant access to information.

SIGNED:

	NAME	INSTITUTION	DESIGNATION
1.	THOMSON KHANJE	MISA-MALAWI	CHAIRPERSON
2.	PROFESSOR WISEMAN CHIJERE CHIRWA	MEDIA COUNCIL OF MALAWI	CHAIRPERSON
3.	MBUMBA BANDA	NATION PUBLICATIONS LIMITED	CHIEF EXECUTIVE OFFICER
4.	LEONNARD CHIKADYA	TIMES GROUP	MANAGING DIRECTOR
5.	GOSPEL KAZAKO	ZODIAK BROADCASTING STATION	MANAGING DIRECTOR
6.	ARLENE OSMAN	CAPITAL FM LIMITED	STATION MANAGER
7.	ESMIE MALISITA	JOY MEDIA	MANAGING DIRECTOR
8.	DALITSO NKUNIKA	MALAWI INSTITUTE OF JOURNALISM	EXECUTIVE DIRECTOR

GOVERNMENT OF MALAWI SPEAKS ON ALLEGATIONS THAT THE MALAWI GOVERNMENT IS HARASSING FORMER PRESIDENT DR JOYCE BANDA

Republic of Malawi

                          

PRESS STATEMENT

For immediate release

Ministry of Information, Tourism and Civic Education

November 25, 2015

Lilongwe

Malawi

ON ALLEGATIONS OF GOVERNMENT HARASSING FORMER PRESIDENT DR JOYCE BANDA

Government is shocked to learn that on 24th October 2015, the former President Dr Joyce Banda went to complain to the Assistant Secretary of State for Africa Affairs in the State Department of the United States of America Government that she is being persecuted and her husband, retired Chief Justice Richard Banda Sc, wrote to diplomatic missions accredited to Malawi and other westen countries that his wife is being victimised by the Government of Malawi.

Further, the former President continues to claim that she is failing to return to Malawi because she is being denied retirement benefits, including accomodation and security.

Government wishes to inform the public that the claims the former President is making are false. All foreign missions and governments are being invited to make their own independent investigations on this matter. They will confirm the falseness of the claims.

As Malawians will recall, the former President refused to handover power having lost the May 20, 2014 elections and has since avoided to accept an olive branch extended to her, consequently shunning all public functions where she has been invited, and from September last year she has chosen to stay in foreign countries.

As the following facts will show, Government has duly provided to Dr Joyce Banda the requirements of a retired President as stipulated by the the President’s (Salaries and Benefits) Act, 1994:

RETIREMENT BENEFITS

Upon retirement, Dr Joyce Banda received a tax free lump sum gratuity amounting to K30 million comprising K12 million and K18 million being gratuity paid in her capacity as former Vice President and former President respectively. The payment was made on 29thNovember 2014 and collected on 12th January, 2015. However, she is yet to start receiving her monthly pension which has delayed due to her unavailability to fulfill required formalities.

ACCOMODATION

Further, Dr Joyce Banda was allocated an official residence in Area 43, Lilongwe, as soon as she left Office. The house belongs to Full Gospel Church of God, P.O. Box 3053, Lilongwe 3 and is being managed by Knight Frank. The Ministry of Lands and Urban Development identified the house, assessed and rented it. After maintenance, the house was given to her in July 2014.

However, Dr Banda did not occupy it, making Government to waste tax payers money paying rentals for a period exceeding one year. Through her sister, Mrs Kumpukwe, she advised Government that she would not occupy the house as it was allegedly of poor quality and did not meet the required standards.

As a result, on 12th May, 2015 the Ministry of Lands and Urban Development received fresh instructions from the Office of the President and Cabinet to terminate the Tenancy Agreement, identify and allocate a new house to the former President.

The lease agreement for the previous house was terminated on 30th August, 2015 and the search for a new house started in the same month. A total of ten houses have since been identified and shown to the Retired Chief Justice Mr. Richard Banda Sc as follows:

1. Broll Malawi offered a newly built house for rent on plot no. 43/743 but it was rejected
2. Fred and Ted Estate Agents offered for rent a house in Area 43 and two others in Area 12 but they were all rejected.
3. Ching’onga Estate Agents offered one house in Area 43 and two others in Area 12; they were also rejected.
4. Castles and Weathers offered two houses, one of them newly furnished but these too were rejected;
5. Auction Holdings Group had a vacant house on plot no. 10/120 and there was expression of interest to stay in this house but the owners advised that it was committed to another tenant.

As you will notice, all these houses were rejected as being unsuitable. To this effect, Government decided that the best approach would be for the former President to identify the house and notify the Ministry of Lands, Housing and Urban Development to assess and rent it. The Ministry is still waiting to hear from the former President’s office if a house suiting her taste has been identified.

SECURITY

According to the President’s (Salaries and Benefits) Act, a former president is entitled to one Head Guard (Personal Bodyguard) and 6 Security Guards.

Government has duly compiled with this requirement by providing seven Police Security Officers to the former President as follows:

• 1 Senior Superitendent (Head Guard)
• 1 Inspector (Deputy Head)
• 5 Sergeants

These guards were actually deployed to the house that Government had rented for her, which she rejected.

Government would like to assure the public that the continued stay of the former President in foreign countries has nothing to do with victimisation or anything to do with her retirement benefits.

Government has no intention of persecuting anyone but where crimes have been committed the law will take its course irrespective of the status of perpetrator.

HON. JAPPIE MHANGO, MP.

GOVERNMENT SPOKESPERSON,

MINISTER OF INFORMATION, TOURISM AND CIVIC EDUCATION

STATEMENT BY MISA-MALAWI CHAIRPERSON THOM KHANJE DURING THE PRESENTATION OF THE GOLDEN KEY AWARD TO THE MALAWI ELECTORAL COMMISSION – HOTEL VICTORIA, BLANTYRE, NOVEMBER 13, 2015

SALUTATIONS:

• The Chairperson of MEC, Justice Maxon Mbendera SC
• Hon Commissioners of MEC,
• Your Excellencies members of the Diplomatic Corps and Representatives of all Development Partners
• Chief Elections Officer, Mr Willie Kalonga and your deputies and all members of staff of the MECSecretariat
• Paramount Chiefs
• The Chairperson for the Centre for Multi-Party Democracy (CMD)
• Secretaries General, Directors of Elections and all distinguished political party leaders.
• Senior Government Officials
• Distinguished Members from the Civil Society Organisations                                                                                                                               
• Distinguished Members of the Press
• Ladies and Gentlemen

Each year, MISA Malawi conducts qualitative and quantitative research on a selected number of key public institutions to assess their level of transparency and openness to the general public. Underline GENERAL PUBLIC and not just to the media as most people believe.  The research includes sending questionnaires, critiquing websites for usefulness and relevance; and making written and oral requests for information under the guise of media students seeking information for their studies. 

MISA Malawi has been conducting the research since 2009 to motivate public bodies to be open. The study is also aimed at justifying the need for legislation on Access to Information.

The study is designed to assess the level of openness in public institutions.

When the research is completed, MISA Malawi awards a Golden Key Award to the ‘Most Open Public Institution’ and a Golden Padlock Award to the “Most Secretive Public Institution’.

The award is given as part of commemoration of the World Right to Know Day which falls on September 28 every year.

This year, 10 public institutions were sampled and these included Blantyre City Assembly, Blantyre Water Board, Central Medical Stores Trust, Department of Disaster Management Affairs, National Aids Commission (MEC), Ministry of Local Government and Rural Development, Ministry of Industry and Trade as well as the Ministry of Agriculture, Irrigation and Water Development.

As most of you are already aware, the Malawi Electoral Commission has for the second year running won the Golden Key award as the Most Open and Transparent Public Institution in Malawi. The Commission won the award for the first time last year.

Let me take this opportunity to congratulate MEC chairperson Justice Maxon Mbendera SC and your fellow commissioners, the chief elections officer Mr Willie Kalonga and your staff and in a special way, my friend and colleague Sangwani Mwafulirwa and your team at the MEC public relations office for a job well done.

MEC was presented with the award during a ceremony MISA Malawi hosted at Malawi Sun Hotel in Blantyre on Wednesday, September 30, 2015.

MEC was awarded the Golden Key Award after responding well to request for information. The commission was also found to have a well functioning website and associated social media platforms which were being updated regularly to keep the public informed.

Ladies and gentlemen, you may wish to know that during the study, only 3 out of 10 institutions sampled responded to requests for information. The study established that most public institutions do not actively or proactively provide information to members of the public.

This is worrying considered that Section 37 of the Malawi Constitution guarantees the right to access information held by public bodies. This right includes an obligation on the part of public bodies to proactively provide information to Malawians as well as the duty of such structures to give Malawians information if requested.

So much about the lamentations. I’m only here to once again present the award to the Malawi Electoral Commission and congratulate them for once again being recognised as the most open and transparent public institution in Malawi through the Golden Key Award which they have claimed for the second year running.

NATIONAL REGISTRATION BUREAU BRIEF REPORT ON THE NRIS

Ministry of Home Affairs & Internal Security

NATIONAL REGISTRATION BUREAU

BRIEF REPORT ON THE NRIS

Components of the NRIS 

• Three major Components:
• Birth Registration
• Death  Registration
• Adult Registration

   Three major outputs:

• Birth Certificates
• Death  Certificates
• National Identity Cards

Outputs of the NRIS 

Legal Frameworks

• National Registration Act of 2010 and Related Regulations
• Malawi Constitution (Sections 23 & 146)
• Local Government Act of 1998
• United Nations CRC )Article 7)

MEC/NRB Collaboration

• Africore Group Report of 2014

Recommended “One Card One Nation” Concept

• Dr Amir’s Report
• International practice as reflected  in the Concept of Operation (COP)

Governance Structures 

Following governance structures were created:

• Interministerial Committee
• High Level Committee
• Joint Project Technical Committee
• Task Teams

Progress  in Birth & Death Registration

• Effective 1st August, 2015, a total of 7,000 newly born & late birth registered
• 120 Death Certificates issued
• Work in progress to rollout to all Districts
• Mass registration will cover all backlog across the country

Progress in National ID

• Process to identity an experienced Contractor at an advanced stage
• UNDP has provide an International Expert to advise NRB
• Pilot phase of issuing 5,000 Identity Cards will be implemented by February, 2016
• After lessons learnt, rollout to cover approx 8.5 million people above 16 years old

Proposed Wayforward

• MEC & NRB to continue to collaborate within the existing governance structure
• MEC to take part in some critical activities of the NRIS
• UNDP should continue to support MEC and NRB technically and financially

Thank you for your attention

STATEMENT BY MISA-MALAWI CHAIRPERSON THOM KHANJE DURING THE PRESENTATION OF THE GOLDEN KEY AWARD TO THE MALAWI ELECTORAL COMMISSION – HOTEL VICTORIA, BLANTYRE, NOVEMBER 13, 2015

SALUTATIONS:

• The Chairperson of MEC, Justice Maxon Mbendera SC
• Hon Commissioners of MEC,
• Your Excellencies members of the Diplomatic Corps and Representatives of all Development Partners
• Chief Elections Officer, Mr Willie Kalonga and your deputies and all members of staff of the MECSecretariat
• Paramount Chiefs
• The Chairperson for the Centre for Multi-Party Democracy (CMD)
• Secretaries General, Directors of Elections and all distinguished political party leaders.
• Senior Government Officials
• Distinguished Members from the Civil Society Organisations                                                                                                                               
• Distinguished Members of the Press
• Ladies and Gentlemen

Each year, MISA Malawi conducts qualitative and quantitative research on a selected number of key public institutions to assess their level of transparency and openness to the general public. Underline GENERAL PUBLIC and not just to the media as most people believe.  The research includes sending questionnaires, critiquing websites for usefulness and relevance; and making written and oral requests for information under the guise of media students seeking information for their studies. 

MISA Malawi has been conducting the research since 2009 to motivate public bodies to be open. The study is also aimed at justifying the need for legislation on Access to Information.

The study is designed to assess the level of openness in public institutions.

When the research is completed, MISA Malawi awards a Golden Key Award to the ‘Most Open Public Institution’ and a Golden Padlock Award to the “Most Secretive Public Institution’.

The award is given as part of commemoration of the World Right to Know Day which falls on September 28 every year.

This year, 10 public institutions were sampled and these included Blantyre City Assembly, Blantyre Water Board, Central Medical Stores Trust, Department of Disaster Management Affairs, National Aids Commission (MEC), Ministry of Local Government and Rural Development, Ministry of Industry and Trade as well as the Ministry of Agriculture, Irrigation and Water Development.

As most of you are already aware, the Malawi Electoral Commission has for the second year running won the Golden Key award as the Most Open and Transparent Public Institution in Malawi. The Commission won the award for the first time last year.

Let me take this opportunity to congratulate MEC chairperson Justice Maxon Mbendera SC and your fellow commissioners, the chief elections officer Mr Willie Kalonga and your staff and in a special way, my friend and colleague Sangwani Mwafulirwa and your team at the MEC public relations office for a job well done.

MEC was presented with the award during a ceremony MISA Malawi hosted at Malawi Sun Hotel in Blantyre on Wednesday, September 30, 2015.

MEC was awarded the Golden Key Award after responding well to request for information. The commission was also found to have a well functioning website and associated social media platforms which were being updated regularly to keep the public informed.

Ladies and gentlemen, you may wish to know that during the study, only 3 out of 10 institutions sampled responded to requests for information. The study established that most public institutions do not actively or proactively provide information to members of the public.

This is worrying considered that Section 37 of the Malawi Constitution guarantees the right to access information held by public bodies. This right includes an obligation on the part of public bodies to proactively provide information to Malawians as well as the duty of such structures to give Malawians information if requested.

So much about the lamentations. I’m only here to once again present the award to the Malawi Electoral Commission and congratulate them for once again being recognised as the most open and transparent public institution in Malawi through the Golden Key Award which they have claimed for the second year running.

Electoral Reforms, the journey so far

Electoral Reforms, the journey so far

Presentation by Commissioner, Rev Ambassador Emmanuel Chinkwita-Phiri on November 13, 2015

Chairperson, Electoral Services Committee

The MEC chairperson, Justice Maxon Mbendera SC

My fellow Commissioners,

Representatives of Various Government Ministries, Departments and agencies

Leaders of various political parties

CSO leaders

Development Partners

Members of the Media

and all Distinguished Guests

My presentation aims to give a comprehensive account of what has been achieved so far in pursuing the agenda for electoral reforms since we had the last national elections. To achieve that I will give background to the need for electoral reforms, formation of the task force on electoral reforms, weaving of the reform agenda, consultative meetings on issues compiled for reforms, where were are now and where we are going.

Background and need for electoral reforms

Soon after the May 2014 Tripartite Elections, the Malawi Electoral Commission conducted post-elections review meetings with stakeholders in all councils in the country to reflect on the Tripartite Elections.  The consultations were attended by leaders of all political parties, civil society organizations, traditional leaders and government officials at council level.

Also the Malawi Electoral Support Network (MESN) conducted a national post-elections review conference in Lilongwe followed by three regional dialogue meetings in the Northern, Central and Southern regions.

From these consultative meetings a number of observations and recommendations were collected on possibility for reforms that would improve conduct of future elections. There were also many stakeholders that also voiced their opinion on the conduct of the 2014 elections and advocating the need for change on how we do manage some aspects of elections processes so that we can improve future polls.

Establishment of a taskforce

To ensure that the reforms are implemented in a coordinated manner, the Commission pooled together interested stakeholders to form a task force on electoral reforms. This also gave the taskforce the opportunity to benefit from the expertise and advice of the multi-sectoral stakeholders. Experience had also shown that similar initiatives have failed in the past because relevant stakeholders were not engaged and involved from the inception stage of the process. So the formation of the task force considered all stakeholders who would be needed in the process and involved them at the inception so that we have a solid and well-laid foundation.

The members of the task force include:

• Malawi Electoral Commission (MEC) - Co-chair
• Malawi Electoral Support Network (MESN) - Co-chair
• Public Affairs Committee (PAC)
• Centre for Multiparty Democracy (CMD)
• National Initiative for Civic Education (NICE)
• NGO Gender Coordination Network (NGO GCN)
• Ministry of Justice and Constitutional Affairs
• Malawi Law Commission
• Malawi Human Rights Commission
• Ministry of Local Government and Rural Development
• United Nations Development Program (UNDP)
• National Democratic Institute (NDI)

The task force is co-chaired by the Malawi electoral Commission and the Malawi Electoral Support Network (MESN). It is served by a secretariat that is being housed by MESN. The task force has made it a point to engage the relevant government departments so that they are active players in the process unlike being stakeholders. The ministry of Justice has dedicated one of its legal officers who will be participating in the activities of the task force.

First national conference

The task force met several times to strategise on propelling forward the reforms agenda. A national conference on electoral reforms was held on December 11 to 12, 2014 in Lilongwe. The conference was opened by Hon Bright Msaka SC in his capacity as vice-chairperson of the Cabinet Committee on Parliamentary and Legal Affairs.

This meeting was held with financial support from the DFID and participants included political parties, traditional leaders, development partners, civil society organisations, government departments and the media.

The national conference provided an opportunity for the taskforce to share what has been gathered through the public consultations. There were also presentations by experts on selected thematic areas of electoral reforms.

Technical working groups and reform thematic areas

From the national conference, participants proposed individuals to form technical working groups. The technical working groups were been formed around each of the following themes:

1. Electoral systems
2. Legal framework
3. Election management
4. Civic and Voter education.

The technical working groups looked into the proposed reforms in their thematic area, conducted research and came up with suggestions which were bounced with the expert reference group.

Expert reference group

The expert reference group comprised various experts in relevant electoral reform areas like elections, civic and voter education, legal and public administration. This group was reference point for the technical working groups and looked at the reforms in a holistic way. While a technical working group concentrated on its thematic area, the expert reference group considered all the four areas. Matters approved by the expert reference group were pushed to the task force.

Electoral Reforms Issues Paper

The task force engaged five consultants to refine the document that was produced by the experts reference group into an issues and recommendations paper.

To date, the Task Force has been selling this document to stakeholders to get their buy in, views and reflections on the issues. This document has also been made available to all members present here. I should emphasize that your views, contributions and any form of feedback is welcome. Send it to the addresses you will find on page 3 (under acknowledgements).

The proposed election reforms issues are founded on issues raised by grass root voices the Task Force has collected, integrated and analyzed the reforms through various consultative and expert groups, as well as a peer review mechanism. The issues have been grouped around four objectives as follows:

• Enhancing political legitimacy, inclusiveness and representativeness in the election of all officials.
• Improving the coherency, integrity and adequacy of Malawi's electoral legal framework.
• Improving the impartiality, effectiveness and credibility of election administration and management
• Improving civic competence of citizens on electoral matters.

The summarised recommendations under these four thematic areas are found on page 4 to 7 on the issues paper which has been distributed to you.

So far the task force has conducted 11 consultative meetings with political parties, parliamentary committees, civil society organisations and other stakeholders. the task force has also participated in media programmes as one way of public awareness around the reform issues.

At the moment the task force is planning for four regional meetings with other stakeholders and political parties that have not been engaged so far.

Way forward

After the consultations, the Task Force will refine the document to incorporate views from stakeholders. Thereafter there will be a national conference probably in mid-December 2015 where stakeholders will be invited to the presentation of the revised issues paper. The outcome of the national conference will be positions on the issues proposed for electoral reforms. Thereafter the position paper will be submitted to relevant offices including Ministry of Justice and Constitutional Affairs, the Business and Legal Affairs Committees of Parliament, and the Law Commission and off course the Malawi Electoral Commission. The tentative plan is that all outstanding tasks will be concluded before February 2016.