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.

DEMARCATION OF CONSTITUENCIES OF BOUNDARIES

The Malawi Electoral Commission is mandated, under Section 76 (2) of the Constitution of the Republic of Malawi, to:

[a] determine constituency boundaries impartially on the basis of ensuring that constituencies contain approximately equal numbers of voters eligible to register, subject only to considerations:

[i] population density

[ii] ease of communication and

[iii] geographical features and administrative boundaries.

[b] review existing constituency boundaries at intervals of not more than five years and alter them in accordance with the principles laid down in subsection 2(a) above.

Malawi has never conducted demarcation based on the said principles.  The current constituencies have evolved on an incremental model.

Year	1964	1971	1983	1987	1992	1993	1998
No. of  Constituencies	53	63	101	112	141	177	193

When the Commission conducted the exercise in 1998, it considered only those constituencies that were glarily large.  The understanding was that a full demarcation exercise would be conducted after the 1999 elections.  Today, 16 years later, the exercise is yet to be undertaken.

Several issues contributed to this delay:

• The appointment of new Commissioners is normally done close to the election, consequently making it difficult or impossible for the new Commission to undertake demarcation.
• Support to the Commission for the exercise has not been forthcoming.

In its current Strategic Plan, the Commission is determined to undertake a comprehensive demarcation exercise in the country.  This will ensure that resultant constituencies respect the principles stipulated in the constitution ie. that of ensuring that constituencies are equipopulous.

It is difficult to come up with numbers of voters eligible to register in any constituency at the moment.  The authority of population figures, the National Statistical Office, is unable to provide those projections.

The largest constituency at the moment in terms of number of Registered Voters is Lilongwe City Central with 126,115 while the smallest is Likoma Islands with 6,933.  Other large constituencies include:

•  Lilongwe City West with 101,597
• Mzuzu City with 89,371
• Salima Central with 75,485

while smaller constituencies include:

• Chitipa Wenya with 10,487
• Ntchisi North East with 12,566
• Rumphi East with 12,837

On average, with 193 constituencies, each constituency should have 38,770 voters.

There is no district in the country where constituencies are equipopulous.

CHALLENGES

There are a number of challenges that face demarcation in Malawi:

1. Population Census

In Malawi, population and housing census takes place after every 10 years in the year ending with 8.  This is just one year to the general election.

This pauses a challenge, to the demarcation body in that it is forced to conduct the exercise after the elections but using data that is not current.

In this year’s demarcation, the Commission has to use the 2008 population figures because the next census will be just a year to the election in 2018.

To compound the problem, National Statistics Office is not able to give projections to Enumeration Unit level, but only to district level.

2. The constitutional provision that MEC should review constituency boundaries at a period of not more than 5 years is again problematic.  The provision assumes that there are mechanisms of monitoring population movements of Malawians.

It is unrealistic that Malawi will achieve this feat.  Ideally, boundaries should be reviewed after every national census ie. 10 years.

3. The constitution provides that the Commission should demarcate constituencies based on population that is approximately equal numbers of voters eligible to register is again problematic.  The provision forces MEC to make use of data that it has no control.  Unlike other jurisdictions are Zambia where the Voters Register is used.  In Malawi, the Commission depends on NSO figures.  When NSO is unable to provide the required information, the Commission cannot move.

4. Demarcation Law

Apart from the constitutional guidelines on demarcation that are broad, there is no piece of secondary legislation to support the process.  Consequently, provisions like “subject only to considerations of:

[i] population density

[ii] ease of communication and

[iii] geographical features and administrative areas

Require further refining to ensure uniformity in application.

What weights should be assigned to those variables?  Should this be a decision of the demarcation body?

5. Administrative Areas

The issue of administrative areas is also of contention.  Malawi has several areas where administrative areas are cloudy:

• Chonde – Luchenza
• Mzuzu – Nkhata-Bay
• Lilongwe City - Dowa

We need to give sanity to these areas as we go into demarcation.

THE DEMARCATION PROCESS SO FAR

In view of these challenges, the Commission sought the assistance of the Commonwealth Secretariat to provide us with technical assistance on how we could undertake the exercise.

We did indicate to them that according to our annual work plan, we would require the Technical Assistance from October 2015.

Unfortunately, the Commonwealth could not confirm to us if October was good for them.

They finally responded on 28th October that they are now beginning the process of recruiting the Consultant.  The delay, according to the Commonwealth is because Malawi is in breach of the Abuja Guidelines regarding its contributions to the Commonwealth and hence, a waiver from the Secretary General had to be obtained in order to enable the Secretariat to respond.

The Consultant is now expected to be in Malawi in January to work with us on drawing the blueprint from the programme.

According to the Strategic Plan, the demarcation exercise will be completed in June 2017.

As we make these plans, we are well aware that the Electoral Reform Programme could come up with another recommendation which could be a departure from the current system of demarcating constituencies.

As has been alluded to by the Co-Chair, the Task Force on reforms, it is expected that the conference will deliberate this issue in December this year and a report will be presented to subsequent meeting of NECOF.

There are calls from various stakeholders who are agitating for the reduction of constituencies in the country.  They argue that with a functional local government system, 193 constituencies are on a higher side.  The Commission wishes to get views of NECOF on this matter.

WARD DELIMITATION

The Commission will also embark on a ward delimitation exercise in readiness for the 2019 Local Government Elections.  It is unlikely that the exercise will run concurrently with the constituency demarcation exercise.  It would be recalled that the Electoral Commission Act was amended in 2010 to provide for two wards per constituency in district councils and specified numbers in city and municipal councils.

The electoral reform task force will submit to Ministry of Justice the request to amend the Electoral Commission Act so that the Commission is given powers to determine the number of wards in a council in consultation with relevant authorities.