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Thursday, May 22, 2014
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.
MALAWIANS SUCCEDED TO VOTE DESPITE CONSIDERABLE ORGANISATIONAL SHORTCOMINGS
PRESS RELEASE
European Union
Election Observation Mission to Malawi
2014 Tripartite Elections
___________________________________________________________________________
European Union – Election Observation Mission Malawi 2014
Malawi Sun Hotel. PO Box 2800, Robins Road, Blantyre
email : info@eueommalawi2014.eu
www.eueom.eu/malawi2014
Blantyre, 22 May 2014. –The European Union Election Observation Mission (EU EOM) considered that notwithstanding considerable organisational shortcomings and a few isolated incidents of unrest, in particular in Blantyre, calm prevailed on 20 May tripartite elections. 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.
“Despite some logistical deficiencies, we observed a general improvement of the voting process as election day proceeded. I have to congratulate the polling staff members for their dedication amidst a challenging environment and the Malawian voters, who waited patiently on the queues for the voting to start”, Véronique De Keyser Chief Observer of the European Union Election Observation Mission said.
Despite the weaknesses in the election administration’s structural capacity and the resulting organisational shortcomings, the EU EOM considered that MEC acted impartially throughout the election period and MEC sought inclusive solutions in an effort to enfranchise all voters. In the lead up to the elections, MEC initiated a communication strategy aimed at keeping the public and political parties informed about the situation.
After observing 144 election campaigns, the EU EOM assessed the election campaign as 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. During campaign, 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 EU EOM will remain in country until 15 June to observe the tabulation of results and the complaints and appeals mechanisms related to elections. A final report including a comprehensive assessment of all aspects of the electoral process and recommendations for future elections will be released several weeks later.
European Union
Election Observation Mission to Malawi
2014 Tripartite Elections
___________________________________________________________________________
European Union – Election Observation Mission Malawi 2014
Malawi Sun Hotel. PO Box 2800, Robins Road, Blantyre
email : info@eueommalawi2014.eu
www.eueom.eu/malawi2014
Blantyre, 22 May 2014. –The European Union Election Observation Mission (EU EOM) considered that notwithstanding considerable organisational shortcomings and a few isolated incidents of unrest, in particular in Blantyre, calm prevailed on 20 May tripartite elections. 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.
“Despite some logistical deficiencies, we observed a general improvement of the voting process as election day proceeded. I have to congratulate the polling staff members for their dedication amidst a challenging environment and the Malawian voters, who waited patiently on the queues for the voting to start”, Véronique De Keyser Chief Observer of the European Union Election Observation Mission said.
Despite the weaknesses in the election administration’s structural capacity and the resulting organisational shortcomings, the EU EOM considered that MEC acted impartially throughout the election period and MEC sought inclusive solutions in an effort to enfranchise all voters. In the lead up to the elections, MEC initiated a communication strategy aimed at keeping the public and political parties informed about the situation.
After observing 144 election campaigns, the EU EOM assessed the election campaign as 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. During campaign, 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 EU EOM will remain in country until 15 June to observe the tabulation of results and the complaints and appeals mechanisms related to elections. A final report including a comprehensive assessment of all aspects of the electoral process and recommendations for future elections will be released several weeks later.
AFRICAN UNION ELECTION OBSERVATION MISSION TO THE 20 MAY 2014TRIPARTITE ELECTIONS IN THE REPUBLIC OF MALAWI
AFRICAN UNION
PRELIMINARY STATEMENT
22 May 2014
INTRODUCTION
At the invitation of the Government of the Republic of Malawi and the Malawi Electoral Commission (MEC), the Chairperson of the African Union Commission (AUC), H.E. Dr. Nkosazana Dlamini-Zuma, deployed an African Union Election Observation Mission (AUEOM) to the 20 May 2014 Tripartite Elections in Malawi.
The Mission is headed by His Excellency Sam Nujoma, the founding President of the Republic of Namibia. The Mission is comprised of 52 Observers, including10 Long Term Observers (LTOs) and 42 Short Term Observers (STOs). The observers were drawn from the Pan-African Parliament, African Ambassadors to the African Union, Election Management Bodies, Civil Society Organisations and experts from the following countries: Algeria, Botswana, Burkina Faso, Cameroon, Ethiopia, Gabon, Ghana, Kenya, Mauritius, Mozambique, Namibia, Nigeria, Rwanda, Sierra Leone, Somalia, South Africa, Swaziland, Tanzania, Uganda, Zambia, and Zimbabwe.
The Mission is supported by a technical team drawn from the AUC, the Pan-African Parliament (PAP) and the Electoral Institute for Sustainable Democracy in Africa (EISA).
The AUEOM has a mandate to observe the 20 May 2014 Tripartite Elections in conformity with the relevant provisions of the African Charter on Democracy, Elections and Governance, which entered into force on 15 February 2012. The AUEOM’s mandate is further strengthened by the AU/OAU Declaration on the Principles Governing Democratic Elections in Africa (AHG/Decl.1 (XXXVIII); the African Union Guidelines for Election Observation and Monitoring Missions both adopted by the Assembly of the African Union Heads of State in July 2002; as well as other relevant regional and international benchmarks for election observation and the legal framework for the conduct of elections in the Republic of Malawi.
The observations and recommendations of the AUEOM are based on the principles and standards for the conduct of democratic elections as enshrined in the aforementioned AU instruments.
Cognisant of the fact that the tabulation of election results is on-going; the AUEOM hereby presents its preliminary assessment of the conduct of the elections up until the close of polling on 21 May 20141. A final report of the AUEOM’s assessment will be released within 3 months after the official announcement of the results.
OBJECTIVES AND METHODOLOGY OF THE MISSION
In line with its mandate stipulated in the aforementioned AU instruments, the objective of the AUEOM is to make an independent, objective and impartial assessment of the May 2014 Tripartite Elections in Malawi.
To achieve its objective, the Mission undertook the following activities:
Deployment of a team of 10 Long Term Observers (LTOs) in Malawi since 12 April 2014 in the four regions covering 27 districts to assess the pre-election context. Since their arrival in the country, the LTOs consulted with the MEC, relevant government agencies, political parties and civil society groups to formulate their assessment of the pre-election context.
The AUEOM issued its interim assessment of the pre-election context at a press conference on 15 May 2014.The LTOs will remain on the ground in Malawi until 7 June 2014 and will continue to observe the post-election phase of the process.
The LTOs were joined by a team of Short Term Observers (STOs) on 12 May 2014. The STOs underwent an intensive 3-day orientation session during which they received briefings from a wide range of electoral stakeholders including MEC, the Media, civil society groups and election experts.
The AUEOM received a visit by the Chairperson of the African Union Commission, Her Excellency, Dr. Nkosazana Dlamini-Zuma from 14 to 16 May 2014 during which she consulted with the top leadership of political parties, MEC, candidates, and government officials.
The leadership of the AUEOM also held high-level consultations with electoral stakeholders. It coordinated its efforts with other international election observer groups in Malawi by hosting a pre-election coordination meeting. The AUEOM leadership also attended a post-election coordination meeting hosted by the Southern African Development Community (SADC).
On 17 May 2014, STOs were deployed in 22 teams to all the regions of Malawi covering 174 constituencies in 24 districts. . During the period of deployment, observers held further consultations with electoral stakeholders at district and constituency levels, observed the final campaigns and the distribution of electoral materials.
On Election Day, AU observers visited 262 polling stations to observe Election Day procedures.
PRELIMINARY FINDINGS
General political context
The pre-election context was generally peaceful and open to political competition with isolated incidents of protests by party supporters before and on Election Day2.
The AUEOM commends candidates and their supporters for their peaceful conduct in the run-up to the elections and encourages them to continue in the same manner in the post-election period.
Legal and constitutional framework
The legal framework for elections in Malawi is governed by the Constitution of Malawi (as amended), relevant Acts of Parliament and Electoral Regulations issued by the MEC.
The AUEOM notes that in line with the principles enshrined in the AU/OAU Declaration on the Principles Governing Democratic Elections in Africa, the legal framework for the conduct of elections in Malawi guarantees the fundamental rights and freedoms of its citizens and recognizes the principles of separation of powers. It provides for the regular conduct of elections by universal adult suffrage; the establishment of an independent election management body; the adjudication of electoral disputes and procedures for constitution amendment.
The AUEOM notes with satisfaction the electoral reform initiatives undertaken ahead of the 2014 elections. These include:
The review in 2012 of the electoral laws to provide for the holding of Presidential, Parliamentary and Local Government elections simultaneously;3
The review and adoption of the 2014 Electoral Code of Conducts for Political Parties and Candidates; and
The appointment of a new Electoral Commission in 2012 after a long period of transition, as well as the conduct of a new voters’ registration process.
The 2014 elections will restore functional local governance structures in Malawi as elections at this level were last held in 2002.
Electoral system
Elections in Malawi are conducted using a ‘simple-majority’ First-Past-the-Post (FPTP) system. The AUEOM also notes that the playing field was also impacted by the nature of this electoral system in Malawi which provides for a simple majority victory. The AUEOM also notes that the electoral system currently does not provide for affirmative action for women’s representation.
Party and campaign financing
Section 40 (2)4 of the Malawi Constitution provides for state funding of parties represented in Parliament that won one-tenth of the national votes in the last national election.
For campaign purposes, Section 66 of the Presidential and Parliamentary Elections Act5allows parties and candidates to solicit for funds from individuals, non-governmental organisations and corporate entities. The law however,does not prescribe for disclosure of the sources of campaign finances;neither does it provide ceilings on expenditure. It is also important to note that the Electoral Commission is not mandated to audit party finances.
In line with internationally accepted standards and best practice for party and campaign finance regulation, an effective system to regulate party and campaign finance requires: a system of disclosure, limits on expenditure and monitoring of campaign and party finance.
Election Management:
The AUEOM recognizes the central role of MEC as a statutory body entrusted with the management of the electoral process in Malawi. The process of appointment of the current Commission is commended by political stakeholders as transparent and satisfactory.
With regard to its fiscal autonomy, the MEC is funded through the national budget and with technical support of international organisations such as the UNDP. In its preparations for the 2014 elections, the MEC was faced with delays in the budget approval and disbursement procedures.
Voter registration
A credible voter register is critical to the integrity of an election. The MEC conducted a voter registration exercise from 12 July to 18 December 2013. While the AUEOM notes that the registration exercise was not devoid of challenges including the necessity to revert to the use of Optical Mark Recognition (OMR) system, the AUEOM commends the MEC for the successful conduct of the process. At the end of that process, 7,544,405 voters were registered which a marked 28.5% increase in the number of registered voters in the 2009 elections.
The AUEOM gathered from its consultations with stakeholders that the registration was conducted in a professional and transparent manner that was open to observation by party representatives and independent observers.
The MEC also conducted a verification exercise in three (3) phases, from 9 April to 5 May 2014. In its pre-election statement, the AUEOM noted that the 5-day period provided for verification per phase was quite limited and it noted the concerns of stakeholders about errors in the register. The AUEOM commends the steps taken by the MEC to further clean up the voter register which led to a final 7,470,806registered voters6. The AUEOM also notes the efforts made by MEC to prevent the disenfranchisement of voters who’s details may have been omitted in the electronic version of the register by providing the ‘Part A’ of the register which is the original voters list from the data capture process. The AUEOM however notes that the review of the register was done up until the week of the elections, thus raising concerns and speculations about the accuracy of the register.
The AUEOM gathered that the last minute review of the register delayed the distribution of the finalised register to political parties.
Gender and minority rights
The AUEOM commends MEC for the 20% reduction in nomination fees granted to female candidate. However, the statistics on nominated candidates for the 2014 elections shows that Malawi still falls short of the minimum of 30% representation of women in elective positions as stipulated in the 1995 Beijing Declaration and Platform for Action, the 2003 AU Parity Principle and the SADC Gender Protocol. Specifically, in the 2014 elections, women constituted 18% of the total number of nominated candidates for parliamentary and local council elections.
The AUEOM commends the MEC for providing tactile ballots and voter education materials in braille for visually impaired voters.
Party nominations and campaigns
Candidates were required to submit documentation for their nomination over a 5-day period from 10 to 14 February 2014.
At the end of the nomination process, 12 presidential nomination applications were received, of which one candidate was declared by the MEC as ineligible to contest but this decision was overruled by the High Court7. A total of 1,285 candidates were nominated for the parliamentary elections and 2,411 candidates were nominated for the Local Council Elections.
The death of some candidates before Election Day necessitated the cancellation of elections in one (1) constituency8and two (2) wards respectively.
Official campaigns began on 21 March and ended on 18 May 2014. The campaigns were relatively peaceful, in-spite of isolated incidents of violent confrontations especially before the commencement of the official campaign period on 21 March. Such incidents occurred in some places like Thyolo, Rumphi,9Nkhata-Bay Central10 and Karonga as highlighted in the AUEOM pre-election statement. The AUEOM notes with satisfaction the compliance of all parties with the 48 hours period of campaign-silence as required by the law.
The media
The important role of the media in an election cannot be overemphasised. There has been extensive media coverage of the election preparations. The media have provided in-depth coverage of processes and institutional arrangements of the elections by MEC, political parties and candidates.
The AUEOM gathered that in comparison with previous elections, the public broadcaster has been relatively more open in its coverage of opposition parties and candidates. It is acknowledged by many interlocutors, and the Malawi Communications Regulatory Authority (MACRA) that the media coverage of campaigns and political events was for the greater part of the campaign period skewed in favour of the incumbent to the disadvantage of other parties. The AUEOM however, notes the steps taken by MBC in redressing the imbalance in media coverage following the intervention of MEC and MACRA.
The AUEOM also notes with satisfaction the live national coverage of the presidential candidates’ debates hosted during the campaigns.
Civic and voter education
Malawians voted in a Tripartite Election for the first time on 20 May 2014. With the introduction of new tripartite voting procedures, the conduct of voter education was a crucial aspect of the electoral process.
One of the functions of the MEC is the conduct of voter education. The AUEOM noted that the coverage of the Commission’s efforts in this regard were insufficient, though complemented by civil society efforts.
National Initiative for Civic Education (NICE) was the leading institution in the conduct of voter education programmes for the 2014 elections due to limited funding for other civil society organisations. The AUEOM in its consultations with stakeholders was informed of the limited coverage of the voter education programmes as it was left to very few institutions.
Preparedness of MEC
The AUEOM commends the MEC for the increased transparency of the electoral process in Malawi. Specifically, the establishment of the National Elections Consultative Forum (NECOF), a platform for multi-stakeholder engagement of the electoral process. The AUEOM also notes the role of the Multi-Party Liaison Committees (MPLCs) in opening up the political space and promoting the culture of inter-party dialogue.
The AUEOM gathered from its consultations with MEC that it recruited election personnel who were trained up until the week before Election Day. In view of the increased number of voters and the anticipated length of time required for voting in three elections simultaneously, the Commission established 4,445 Polling Centres with 11,624 Polling Streams restricted to a maximum of 800 voters per polling stream. Tally centres were established at district and national levels with a clearly mapped out plan for results management. The AUEOM was present at MEC’s presentation of its results management system.
Going by the logistical and operational challenges experienced on Election Day the AUEOM notes that there were gaps in the planning and implementation processes for the 2014 elections.
In the days before the elections, AU observers were granted access to observe the distribution of non-sensitive election materials at district and constituency levels. The AUEOM notes that the logistics for the distribution of these materials was timely and effective with the exception of some districts such as Nsanje11, Blantyre among others where materials did not arrive as scheduled.
ELECTION DAY FINDINGS
AU observers visited 262polling stations on Election Day to observe the opening, voting, closing and counting procedures in their areas of deployment. Below are their findings in this regard:
Opening the poll
Election Day began to a slow start in 23of the 25 polling centres where AU observers were present for the opening of the poll. The delayed opening was due to late delivery of election materials in most cases. In isolated cases, such as in the Eastern Region, delays were due to poor weather conditions. The Mission noted that some polling stations opened as late as 14:00 due to non-availability of essential materials.
We also note that logistical challenges with transportation of materials in time to the polling centres were experienced, but MEC was able to address these challenges to allow voting to start. The MEC allowed voting to continue in the evening to compensate for the time lost on account of the delays in opening the polls.
In the polling centres where voting was postponed until 21 May 2014, AU observers noted that the process commenced late as the election materials were again not delivered on time. For instance, this was the case at the Matope Centre and Ndirande Community Hall. In other centres such as Namalimwe School where elections materials were destroyed on Election Day, polling was once again delayed due to non-availability of materials.
Election materials
Besides the late delivery of election materials, the AUEOM also noted that there were further challenges with the quantity and quality of election materials after they were delivered. These include:
Shortage in the supply of ballot boxes in some stations in Machinga District.
Interruption of the voting process in some polling stations due to shortage in supply of ballot papers. For instance in Monkey-Bay School, Nkisi School and St Augustine III polling centres in Mangochi.
Non-availability of the voter register at some polling stations such as Domasi Government School Polling station in Zomba.
Polling stations
Polling centres were located in public facilities which were easily accessible to all voters including the aged and persons with disability.
Most of the polling centres visited by AU observers were laid out in a manner that allowed easy flow of voters and guaranteed the secrecy of the ballot. The AUEOM however noted that some polling centres were overcrowded and the use of outdoor facilities without barrier demarcations made crowd control particularly difficult. This was noted at polling centres such as Blantyre Secondary School.
Election personnel
AUEOM 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.
The mission also noted that 43% of election personnel in the polling stations visited were women.
Independent observers and party and candidate agents
AU observers noted the presence of independent citizen observers at most polling stations visited. Party and candidate agents were also present and they were able to conduct their duties without inhibition or interference.
The AUEOM noted that 35% of polling agents and 29% of citizen observers encountered were women. The AUEOM commends these efforts to ensure the participation of women at different levels.
Voting procedures
The AUEOM noted that voting was generally conducted in compliance with procedures stipulated in the legal framework.
The voting procedures were simple and easily understood by voters although the procedures were not time effective. AU observers noted that the time required to process each voter was lengthy.
The AUEOM also noted that priority was given only to aged voters and voters requiring assistance such as persons with disability and unlettered voters. Such priority was however not extended to expectant mothers and women with infants in most polling centres visited. Voters requiring assistance were granted such assistance.
Closing the poll
An extension of voting hours was necessitated to remedy the delays experienced at the opening of the poll.
AU observers were present at the close of polls and also observed the counting at 24 polling centres. Observers noted that the counting took place in mostly poorly lit facilities.
The AUEOM also noted that counting procedures were not uniformlyapplied in all the stations visited. Specifically, election personnel in some stations did not undertake a thorough reconciliation of the ballot before counting, this led to challenges in the counting process.
Security
The visible presence of security personnel was observed by AU teams in all the stations visited. The observers noted however that the number of security personnel deployed per polling centre in comparison with the number of voters assigned to the polling centres, was inadequate for effective crowd control. This limited security coverage necessitated the deployment of the military to intervene in areas where violence was recorded, for instance in Blantyre.
An incident was reported of protests on the eve of Election Day in Lilongwe. The protest was over election materials found in an office which were suspected to be ballot papers but these turned out to be Transfer Forms. These materials were publicly burnt by MEC officials in the presence of stakeholders to calm down the situation.
On Election Day, there were reports of violent protests in some areas such as Blantyre at Makata, Kadere, Matope and Community Hall Polling Centres in Ndirande. Some materials were reportedly burnt by irate voters angered by late start of voting; this necessitated a postponement of voting till 21 May 2014.
RECOMMENDATIONS
Based on its observations and findings, the AUEOM makes the following recommendations:
The Government of Malawi should:
Support the MEC in delivering its mandate by ensuring adequate and timely approval and disbursement of the election budget.
The MEC should:
Revise and finalise the current voter register to reduce the cost of conducting a fresh registration exercise during the next elections. The AUEOM also calls on the relevant government departments to cooperate with MEC to ensure that registered deaths are taken off the register and the register is reviewed on a continuous basis. The continuous review of the register in this regard will contribute to the credibility of the register for the next elections.
The AUEOM 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 on 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.
Develop 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 in all levels of governance. This is inline with article 29 of the African Charter on, Democracy, Elections and Governance; the SADC Protocol on Gender and the AU Parity Principle enshrined in its Constitutive Act.
More specifically, the AUEOM urges the parliament to undertake reforms of the electoral framework to include special provisions for affirmative action for women’s representation.
Amend the legal framework to provide a timeframe within which election disputes should be resolved. This will ensure timely dispensation of electoral justice.
Amend the legal framework to provide funding to parties represented in Parliament on equal basis. This is in line with article G of section III of the OAU/AU Declaration on the Principles Governing Democratic Elections in Africa.
Amend the legal framework to provide clear guidelines on party and campaign financing that will mandate parties to disclose their sources of funding, provide ceilings on campaign expenditure and mandate an independent institution to supervise party financing. This will protect the electoral process from the undue influence of money in politics.
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. This will ensure that the appropriate ratio of security personnel per voting centre is deployed.
CONCLUSION
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 to 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 provided.
1. Polling was postponed until 21 May 2014 in 45 polling centres (36 centres in Blantyre, 6 centres in Dedza and 3 centres in Lilongwe in Central Region). AU observers were present at these centres. LTOs will remain on the ground to observe polling in centres that were further postponed.
2. The reported incident of minor protests in Blantyre by irate voters over delays in the opening of polling centres in Ndirande, Kadere and Community Hall polling centres.
3. The 2014 elections are referred to as tripartite, as this is the first time the three elections will be simultaneously conducted.
4.“the state shall provide funds so as to ensure that, during the life of parliament, any political party which secured more than one-tenth of the national vote in elections to that Parliament has sufficient funds to continue to represent its constituency.”
5. “Every political party may, for the purpose of financing its campaign, appeal for and receive voluntary contributions from any individual or any non-governmental organisation or other private organisation in or outside Malawi.”
6. This reduced the initial figure by 66,742 voters on account of some errors in the provisional voters’ roll.
7. Professor John Chisi of the Umodzi Party (UP) was barred from contesting on the basis of Section 80 (7) (e) of the Constitution which stipulates that ‘No person shall be eligible for nomination as a candidate for election as President or First Vice-President or for appointment as First Vice-President or Second Vice-President if that person- (e) is a holder of a public office or a member of Parliament, unless that person first resigns;
8. MCP Parliamentary candidate for Blantyre North Constituency died during the campaign period.
9. The DPP representative on the MPLC for the Rumpi District formally presented a complaint to the MPLC that the Police were reluctant to take action against ruling party supporters who severely beat up and assaulted a DPP supporter during physical clashes over campaign venue.
10. Between supporters of AFORD and DPP.
11.In Nsanje district of Southern Region, divers hired by MEC boycotted transporting materials demanding payment as they were not sure that MEC would honour its promise of paying them their allowances at a later date.
12.‘Ensure the availability of adequate logistics and resources forcarrying out democratic elections, as well as ensure thatadequate provision of funding for all registered politicalparties to enable them organise their work, includingparticipation in electoral process.’
PRELIMINARY STATEMENT
22 May 2014
INTRODUCTION
At the invitation of the Government of the Republic of Malawi and the Malawi Electoral Commission (MEC), the Chairperson of the African Union Commission (AUC), H.E. Dr. Nkosazana Dlamini-Zuma, deployed an African Union Election Observation Mission (AUEOM) to the 20 May 2014 Tripartite Elections in Malawi.
The Mission is headed by His Excellency Sam Nujoma, the founding President of the Republic of Namibia. The Mission is comprised of 52 Observers, including10 Long Term Observers (LTOs) and 42 Short Term Observers (STOs). The observers were drawn from the Pan-African Parliament, African Ambassadors to the African Union, Election Management Bodies, Civil Society Organisations and experts from the following countries: Algeria, Botswana, Burkina Faso, Cameroon, Ethiopia, Gabon, Ghana, Kenya, Mauritius, Mozambique, Namibia, Nigeria, Rwanda, Sierra Leone, Somalia, South Africa, Swaziland, Tanzania, Uganda, Zambia, and Zimbabwe.
The Mission is supported by a technical team drawn from the AUC, the Pan-African Parliament (PAP) and the Electoral Institute for Sustainable Democracy in Africa (EISA).
The AUEOM has a mandate to observe the 20 May 2014 Tripartite Elections in conformity with the relevant provisions of the African Charter on Democracy, Elections and Governance, which entered into force on 15 February 2012. The AUEOM’s mandate is further strengthened by the AU/OAU Declaration on the Principles Governing Democratic Elections in Africa (AHG/Decl.1 (XXXVIII); the African Union Guidelines for Election Observation and Monitoring Missions both adopted by the Assembly of the African Union Heads of State in July 2002; as well as other relevant regional and international benchmarks for election observation and the legal framework for the conduct of elections in the Republic of Malawi.
The observations and recommendations of the AUEOM are based on the principles and standards for the conduct of democratic elections as enshrined in the aforementioned AU instruments.
Cognisant of the fact that the tabulation of election results is on-going; the AUEOM hereby presents its preliminary assessment of the conduct of the elections up until the close of polling on 21 May 20141. A final report of the AUEOM’s assessment will be released within 3 months after the official announcement of the results.
OBJECTIVES AND METHODOLOGY OF THE MISSION
In line with its mandate stipulated in the aforementioned AU instruments, the objective of the AUEOM is to make an independent, objective and impartial assessment of the May 2014 Tripartite Elections in Malawi.
To achieve its objective, the Mission undertook the following activities:
Deployment of a team of 10 Long Term Observers (LTOs) in Malawi since 12 April 2014 in the four regions covering 27 districts to assess the pre-election context. Since their arrival in the country, the LTOs consulted with the MEC, relevant government agencies, political parties and civil society groups to formulate their assessment of the pre-election context.
The AUEOM issued its interim assessment of the pre-election context at a press conference on 15 May 2014.The LTOs will remain on the ground in Malawi until 7 June 2014 and will continue to observe the post-election phase of the process.
The LTOs were joined by a team of Short Term Observers (STOs) on 12 May 2014. The STOs underwent an intensive 3-day orientation session during which they received briefings from a wide range of electoral stakeholders including MEC, the Media, civil society groups and election experts.
The AUEOM received a visit by the Chairperson of the African Union Commission, Her Excellency, Dr. Nkosazana Dlamini-Zuma from 14 to 16 May 2014 during which she consulted with the top leadership of political parties, MEC, candidates, and government officials.
The leadership of the AUEOM also held high-level consultations with electoral stakeholders. It coordinated its efforts with other international election observer groups in Malawi by hosting a pre-election coordination meeting. The AUEOM leadership also attended a post-election coordination meeting hosted by the Southern African Development Community (SADC).
On 17 May 2014, STOs were deployed in 22 teams to all the regions of Malawi covering 174 constituencies in 24 districts. . During the period of deployment, observers held further consultations with electoral stakeholders at district and constituency levels, observed the final campaigns and the distribution of electoral materials.
On Election Day, AU observers visited 262 polling stations to observe Election Day procedures.
PRELIMINARY FINDINGS
General political context
The pre-election context was generally peaceful and open to political competition with isolated incidents of protests by party supporters before and on Election Day2.
The AUEOM commends candidates and their supporters for their peaceful conduct in the run-up to the elections and encourages them to continue in the same manner in the post-election period.
Legal and constitutional framework
The legal framework for elections in Malawi is governed by the Constitution of Malawi (as amended), relevant Acts of Parliament and Electoral Regulations issued by the MEC.
The AUEOM notes that in line with the principles enshrined in the AU/OAU Declaration on the Principles Governing Democratic Elections in Africa, the legal framework for the conduct of elections in Malawi guarantees the fundamental rights and freedoms of its citizens and recognizes the principles of separation of powers. It provides for the regular conduct of elections by universal adult suffrage; the establishment of an independent election management body; the adjudication of electoral disputes and procedures for constitution amendment.
The AUEOM notes with satisfaction the electoral reform initiatives undertaken ahead of the 2014 elections. These include:
The review in 2012 of the electoral laws to provide for the holding of Presidential, Parliamentary and Local Government elections simultaneously;3
The review and adoption of the 2014 Electoral Code of Conducts for Political Parties and Candidates; and
The appointment of a new Electoral Commission in 2012 after a long period of transition, as well as the conduct of a new voters’ registration process.
The 2014 elections will restore functional local governance structures in Malawi as elections at this level were last held in 2002.
Electoral system
Elections in Malawi are conducted using a ‘simple-majority’ First-Past-the-Post (FPTP) system. The AUEOM also notes that the playing field was also impacted by the nature of this electoral system in Malawi which provides for a simple majority victory. The AUEOM also notes that the electoral system currently does not provide for affirmative action for women’s representation.
Party and campaign financing
Section 40 (2)4 of the Malawi Constitution provides for state funding of parties represented in Parliament that won one-tenth of the national votes in the last national election.
For campaign purposes, Section 66 of the Presidential and Parliamentary Elections Act5allows parties and candidates to solicit for funds from individuals, non-governmental organisations and corporate entities. The law however,does not prescribe for disclosure of the sources of campaign finances;neither does it provide ceilings on expenditure. It is also important to note that the Electoral Commission is not mandated to audit party finances.
In line with internationally accepted standards and best practice for party and campaign finance regulation, an effective system to regulate party and campaign finance requires: a system of disclosure, limits on expenditure and monitoring of campaign and party finance.
Election Management:
The AUEOM recognizes the central role of MEC as a statutory body entrusted with the management of the electoral process in Malawi. The process of appointment of the current Commission is commended by political stakeholders as transparent and satisfactory.
With regard to its fiscal autonomy, the MEC is funded through the national budget and with technical support of international organisations such as the UNDP. In its preparations for the 2014 elections, the MEC was faced with delays in the budget approval and disbursement procedures.
Voter registration
A credible voter register is critical to the integrity of an election. The MEC conducted a voter registration exercise from 12 July to 18 December 2013. While the AUEOM notes that the registration exercise was not devoid of challenges including the necessity to revert to the use of Optical Mark Recognition (OMR) system, the AUEOM commends the MEC for the successful conduct of the process. At the end of that process, 7,544,405 voters were registered which a marked 28.5% increase in the number of registered voters in the 2009 elections.
The AUEOM gathered from its consultations with stakeholders that the registration was conducted in a professional and transparent manner that was open to observation by party representatives and independent observers.
The MEC also conducted a verification exercise in three (3) phases, from 9 April to 5 May 2014. In its pre-election statement, the AUEOM noted that the 5-day period provided for verification per phase was quite limited and it noted the concerns of stakeholders about errors in the register. The AUEOM commends the steps taken by the MEC to further clean up the voter register which led to a final 7,470,806registered voters6. The AUEOM also notes the efforts made by MEC to prevent the disenfranchisement of voters who’s details may have been omitted in the electronic version of the register by providing the ‘Part A’ of the register which is the original voters list from the data capture process. The AUEOM however notes that the review of the register was done up until the week of the elections, thus raising concerns and speculations about the accuracy of the register.
The AUEOM gathered that the last minute review of the register delayed the distribution of the finalised register to political parties.
Gender and minority rights
The AUEOM commends MEC for the 20% reduction in nomination fees granted to female candidate. However, the statistics on nominated candidates for the 2014 elections shows that Malawi still falls short of the minimum of 30% representation of women in elective positions as stipulated in the 1995 Beijing Declaration and Platform for Action, the 2003 AU Parity Principle and the SADC Gender Protocol. Specifically, in the 2014 elections, women constituted 18% of the total number of nominated candidates for parliamentary and local council elections.
The AUEOM commends the MEC for providing tactile ballots and voter education materials in braille for visually impaired voters.
Party nominations and campaigns
Candidates were required to submit documentation for their nomination over a 5-day period from 10 to 14 February 2014.
At the end of the nomination process, 12 presidential nomination applications were received, of which one candidate was declared by the MEC as ineligible to contest but this decision was overruled by the High Court7. A total of 1,285 candidates were nominated for the parliamentary elections and 2,411 candidates were nominated for the Local Council Elections.
The death of some candidates before Election Day necessitated the cancellation of elections in one (1) constituency8and two (2) wards respectively.
Official campaigns began on 21 March and ended on 18 May 2014. The campaigns were relatively peaceful, in-spite of isolated incidents of violent confrontations especially before the commencement of the official campaign period on 21 March. Such incidents occurred in some places like Thyolo, Rumphi,9Nkhata-Bay Central10 and Karonga as highlighted in the AUEOM pre-election statement. The AUEOM notes with satisfaction the compliance of all parties with the 48 hours period of campaign-silence as required by the law.
The media
The important role of the media in an election cannot be overemphasised. There has been extensive media coverage of the election preparations. The media have provided in-depth coverage of processes and institutional arrangements of the elections by MEC, political parties and candidates.
The AUEOM gathered that in comparison with previous elections, the public broadcaster has been relatively more open in its coverage of opposition parties and candidates. It is acknowledged by many interlocutors, and the Malawi Communications Regulatory Authority (MACRA) that the media coverage of campaigns and political events was for the greater part of the campaign period skewed in favour of the incumbent to the disadvantage of other parties. The AUEOM however, notes the steps taken by MBC in redressing the imbalance in media coverage following the intervention of MEC and MACRA.
The AUEOM also notes with satisfaction the live national coverage of the presidential candidates’ debates hosted during the campaigns.
Civic and voter education
Malawians voted in a Tripartite Election for the first time on 20 May 2014. With the introduction of new tripartite voting procedures, the conduct of voter education was a crucial aspect of the electoral process.
One of the functions of the MEC is the conduct of voter education. The AUEOM noted that the coverage of the Commission’s efforts in this regard were insufficient, though complemented by civil society efforts.
National Initiative for Civic Education (NICE) was the leading institution in the conduct of voter education programmes for the 2014 elections due to limited funding for other civil society organisations. The AUEOM in its consultations with stakeholders was informed of the limited coverage of the voter education programmes as it was left to very few institutions.
Preparedness of MEC
The AUEOM commends the MEC for the increased transparency of the electoral process in Malawi. Specifically, the establishment of the National Elections Consultative Forum (NECOF), a platform for multi-stakeholder engagement of the electoral process. The AUEOM also notes the role of the Multi-Party Liaison Committees (MPLCs) in opening up the political space and promoting the culture of inter-party dialogue.
The AUEOM gathered from its consultations with MEC that it recruited election personnel who were trained up until the week before Election Day. In view of the increased number of voters and the anticipated length of time required for voting in three elections simultaneously, the Commission established 4,445 Polling Centres with 11,624 Polling Streams restricted to a maximum of 800 voters per polling stream. Tally centres were established at district and national levels with a clearly mapped out plan for results management. The AUEOM was present at MEC’s presentation of its results management system.
Going by the logistical and operational challenges experienced on Election Day the AUEOM notes that there were gaps in the planning and implementation processes for the 2014 elections.
In the days before the elections, AU observers were granted access to observe the distribution of non-sensitive election materials at district and constituency levels. The AUEOM notes that the logistics for the distribution of these materials was timely and effective with the exception of some districts such as Nsanje11, Blantyre among others where materials did not arrive as scheduled.
ELECTION DAY FINDINGS
AU observers visited 262polling stations on Election Day to observe the opening, voting, closing and counting procedures in their areas of deployment. Below are their findings in this regard:
Opening the poll
Election Day began to a slow start in 23of the 25 polling centres where AU observers were present for the opening of the poll. The delayed opening was due to late delivery of election materials in most cases. In isolated cases, such as in the Eastern Region, delays were due to poor weather conditions. The Mission noted that some polling stations opened as late as 14:00 due to non-availability of essential materials.
We also note that logistical challenges with transportation of materials in time to the polling centres were experienced, but MEC was able to address these challenges to allow voting to start. The MEC allowed voting to continue in the evening to compensate for the time lost on account of the delays in opening the polls.
In the polling centres where voting was postponed until 21 May 2014, AU observers noted that the process commenced late as the election materials were again not delivered on time. For instance, this was the case at the Matope Centre and Ndirande Community Hall. In other centres such as Namalimwe School where elections materials were destroyed on Election Day, polling was once again delayed due to non-availability of materials.
Election materials
Besides the late delivery of election materials, the AUEOM also noted that there were further challenges with the quantity and quality of election materials after they were delivered. These include:
Shortage in the supply of ballot boxes in some stations in Machinga District.
Interruption of the voting process in some polling stations due to shortage in supply of ballot papers. For instance in Monkey-Bay School, Nkisi School and St Augustine III polling centres in Mangochi.
Non-availability of the voter register at some polling stations such as Domasi Government School Polling station in Zomba.
Polling stations
Polling centres were located in public facilities which were easily accessible to all voters including the aged and persons with disability.
Most of the polling centres visited by AU observers were laid out in a manner that allowed easy flow of voters and guaranteed the secrecy of the ballot. The AUEOM however noted that some polling centres were overcrowded and the use of outdoor facilities without barrier demarcations made crowd control particularly difficult. This was noted at polling centres such as Blantyre Secondary School.
Election personnel
AUEOM 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.
The mission also noted that 43% of election personnel in the polling stations visited were women.
Independent observers and party and candidate agents
AU observers noted the presence of independent citizen observers at most polling stations visited. Party and candidate agents were also present and they were able to conduct their duties without inhibition or interference.
The AUEOM noted that 35% of polling agents and 29% of citizen observers encountered were women. The AUEOM commends these efforts to ensure the participation of women at different levels.
Voting procedures
The AUEOM noted that voting was generally conducted in compliance with procedures stipulated in the legal framework.
The voting procedures were simple and easily understood by voters although the procedures were not time effective. AU observers noted that the time required to process each voter was lengthy.
The AUEOM also noted that priority was given only to aged voters and voters requiring assistance such as persons with disability and unlettered voters. Such priority was however not extended to expectant mothers and women with infants in most polling centres visited. Voters requiring assistance were granted such assistance.
Closing the poll
An extension of voting hours was necessitated to remedy the delays experienced at the opening of the poll.
AU observers were present at the close of polls and also observed the counting at 24 polling centres. Observers noted that the counting took place in mostly poorly lit facilities.
The AUEOM also noted that counting procedures were not uniformlyapplied in all the stations visited. Specifically, election personnel in some stations did not undertake a thorough reconciliation of the ballot before counting, this led to challenges in the counting process.
Security
The visible presence of security personnel was observed by AU teams in all the stations visited. The observers noted however that the number of security personnel deployed per polling centre in comparison with the number of voters assigned to the polling centres, was inadequate for effective crowd control. This limited security coverage necessitated the deployment of the military to intervene in areas where violence was recorded, for instance in Blantyre.
An incident was reported of protests on the eve of Election Day in Lilongwe. The protest was over election materials found in an office which were suspected to be ballot papers but these turned out to be Transfer Forms. These materials were publicly burnt by MEC officials in the presence of stakeholders to calm down the situation.
On Election Day, there were reports of violent protests in some areas such as Blantyre at Makata, Kadere, Matope and Community Hall Polling Centres in Ndirande. Some materials were reportedly burnt by irate voters angered by late start of voting; this necessitated a postponement of voting till 21 May 2014.
RECOMMENDATIONS
Based on its observations and findings, the AUEOM makes the following recommendations:
The Government of Malawi should:
Support the MEC in delivering its mandate by ensuring adequate and timely approval and disbursement of the election budget.
The MEC should:
Revise and finalise the current voter register to reduce the cost of conducting a fresh registration exercise during the next elections. The AUEOM also calls on the relevant government departments to cooperate with MEC to ensure that registered deaths are taken off the register and the register is reviewed on a continuous basis. The continuous review of the register in this regard will contribute to the credibility of the register for the next elections.
The AUEOM 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 on 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.
Develop 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 in all levels of governance. This is inline with article 29 of the African Charter on, Democracy, Elections and Governance; the SADC Protocol on Gender and the AU Parity Principle enshrined in its Constitutive Act.
More specifically, the AUEOM urges the parliament to undertake reforms of the electoral framework to include special provisions for affirmative action for women’s representation.
Amend the legal framework to provide a timeframe within which election disputes should be resolved. This will ensure timely dispensation of electoral justice.
Amend the legal framework to provide funding to parties represented in Parliament on equal basis. This is in line with article G of section III of the OAU/AU Declaration on the Principles Governing Democratic Elections in Africa.
Amend the legal framework to provide clear guidelines on party and campaign financing that will mandate parties to disclose their sources of funding, provide ceilings on campaign expenditure and mandate an independent institution to supervise party financing. This will protect the electoral process from the undue influence of money in politics.
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. This will ensure that the appropriate ratio of security personnel per voting centre is deployed.
CONCLUSION
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 to 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 provided.
1. Polling was postponed until 21 May 2014 in 45 polling centres (36 centres in Blantyre, 6 centres in Dedza and 3 centres in Lilongwe in Central Region). AU observers were present at these centres. LTOs will remain on the ground to observe polling in centres that were further postponed.
2. The reported incident of minor protests in Blantyre by irate voters over delays in the opening of polling centres in Ndirande, Kadere and Community Hall polling centres.
3. The 2014 elections are referred to as tripartite, as this is the first time the three elections will be simultaneously conducted.
4.“the state shall provide funds so as to ensure that, during the life of parliament, any political party which secured more than one-tenth of the national vote in elections to that Parliament has sufficient funds to continue to represent its constituency.”
5. “Every political party may, for the purpose of financing its campaign, appeal for and receive voluntary contributions from any individual or any non-governmental organisation or other private organisation in or outside Malawi.”
6. This reduced the initial figure by 66,742 voters on account of some errors in the provisional voters’ roll.
7. Professor John Chisi of the Umodzi Party (UP) was barred from contesting on the basis of Section 80 (7) (e) of the Constitution which stipulates that ‘No person shall be eligible for nomination as a candidate for election as President or First Vice-President or for appointment as First Vice-President or Second Vice-President if that person- (e) is a holder of a public office or a member of Parliament, unless that person first resigns;
8. MCP Parliamentary candidate for Blantyre North Constituency died during the campaign period.
9. The DPP representative on the MPLC for the Rumpi District formally presented a complaint to the MPLC that the Police were reluctant to take action against ruling party supporters who severely beat up and assaulted a DPP supporter during physical clashes over campaign venue.
10. Between supporters of AFORD and DPP.
11.In Nsanje district of Southern Region, divers hired by MEC boycotted transporting materials demanding payment as they were not sure that MEC would honour its promise of paying them their allowances at a later date.
12.‘Ensure the availability of adequate logistics and resources forcarrying out democratic elections, as well as ensure thatadequate provision of funding for all registered politicalparties to enable them organise their work, includingparticipation in electoral process.’
Tuesday, May 20, 2014
MESN Election Day Situational Statement
Press Release
20 May 2014
Blantyre
As of 9:30am it is clear from reports from MESN Observers that there the Malawi Electoral Commission (MEC) is experiencing challenges across the country with the delivery of polling station materials that is delaying the opening of a substantial number polling stations.
Nationally, MESN Parallel Vote Tabulation (PVT) Observers are reporting 61% of polling stations open. However, in Eastern region 73% of polling stations are report as open compared to 43 percent reported open in Southern region.
MESN calls upon the MEC to take urgent actions to address these challenges and ensure that all of the polling stations open. The MEC should also guarantee that all registered voters have a opportunity to vote regardless of the time their polling station opened.
MESN has received a total of 150 critical incident reports from the 1,500 MESN Short Term Observers (STOs) and MESN 800 Parallel Vote Tabulation (PVT) Observers. Nineteen (19) of these incidents related to accredited MESN Observers initially not being granted access to polling stations by presiding officers because their names had not been transmitted by MEC to the polling station.
However, all of these incidents have, so far, been successfully resolved.
The vast majority (115) related to the late delivery of election materials.
MESN’s PVT Observers are deployed to a representative random sample of polling stations in all three regions, all 28 districts and all 193 constituencies of the country.
Malawi 2014 tripartite elections: Statement on First Phase of Voting
Statement for Immediate Release
May 20, 2014
The Malawi Electoral Support Network (MESN) under the banner of the Malawi Election Information Centre (MEIC) would like to highlight a number of observations and concerns issues noted as polling opened today.
Opening Time
As MESN and indeed the entire taskforce on the Malawi Information Centre (MEIC), we would like to express our concern on the wide spread late opening of polling centres across the country. We note that most polling stations opened as late as 9 am instead of 6 am - and centres such as Mtantha in Mzimba had not opened by 9:30 with most complaints being registered in the cities of Blantyre and Lilongwe.
As at 9:20, we had received 14047 messages from our observers and 4410 from citizens. Of the 386 polling stations observed, 67 opened on time representing 17 % of the polling station where opening was observed.
Materials
We are also concerned that lack of materials is widespread. Most centres across the country did not have ink, voter register and ballot boxes as at 9 am today. About 25% of the total messages received from observers and citizens raised concern about lack of ballot papers and other materials.
Voting had to be halted in some polling stations in Lilongwe North West – Kasiya, Chifiuka, Majiga, Mbandanga, due to lack of materials. Reports just received indicate that voting has now resumed.
Incidents
We have received reports of rioting in some parts of the Southern Region such as Blantyre- Blantyre Girls Secondary School, MEC offices, Chirimba Township in Blantyre, Machinjiri – where polling stations are reportedly not yet open and Catholic Institute (CI) – where irate citizens have blocked the road and Chikwawa Central.
We would like to call upon MEC and all relevant stakeholders to immediately address these concerns to avoid massive voter apathy and violence. As MESN and the task force on the Malawi Elections Information Centre, we strongly feel such developments have the potential of negatively affecting the elections.
We would like to call upon MEC to extend the voting period in all the centres that have opened late to ensure that everybody is allowed to vote and to immediately ensure that all the centres are open and have sufficient materials and personnel.
We are calling all Malawians to exercise calm and patience, and to maintain peace and order. Let the elections take place without major incidents.
Signed
Steve Duwa
Chairperson, MEIC
Monday, May 19, 2014
'Tripartite Elections Day Not Public Holiday'
PRESS RELEASE
The Ministry of Local Government and Rural Development (MoLGRD) wishes to inform the General Public that tomorrow 20th May, 2014, though being a Polling Day, is NOT a Public Holiday at all.
However, the Ministry would like to appeal and encourage all Government Ministries, Departments and Agencies (MDAs); Private Sector Organisations; Non Governmental Organisations (NGOs); and all business owners to make arrangements and allow their employees and subjects to go and vote.
The Ministry of Local Government and Rural Development wishes the General Public a peaceful, free and fair Tripartite Election.
God bless Malawi.
Kester E. Kaphaizi
SECRETARY FOR LOCAL GOVERNMENT AND RURAL DEVELOPMENT
PRIVATE BAG 30312
CAPITAL CITY
LILONGWE
19™ MAY, 2014
The Ministry of Local Government and Rural Development (MoLGRD) wishes to inform the General Public that tomorrow 20th May, 2014, though being a Polling Day, is NOT a Public Holiday at all.
However, the Ministry would like to appeal and encourage all Government Ministries, Departments and Agencies (MDAs); Private Sector Organisations; Non Governmental Organisations (NGOs); and all business owners to make arrangements and allow their employees and subjects to go and vote.
The Ministry of Local Government and Rural Development wishes the General Public a peaceful, free and fair Tripartite Election.
God bless Malawi.
Kester E. Kaphaizi
SECRETARY FOR LOCAL GOVERNMENT AND RURAL DEVELOPMENT
PRIVATE BAG 30312
CAPITAL CITY
LILONGWE
19™ MAY, 2014
Malawi 2014 Tripartite Elections: Malawi Electoral Support Network's Preliminary Pre-elections Situation Analysis Report
The political context of 2014 tripartite elections
The 2014 tripartite elections in Malawi, which are the fifth multiparty elections and the first tripartite elections are taking place at a time when Malawi clocks 50 years of independence and 20 years of multiparty democracy.
Whilst the journey of the last two decades has been a political roller coaster ride, the period between 2009 -2011 had been particularly tenuous. The death of President Mutharika in April 2012 and the succession of Joyce Banda surviving a coup attempt by the senior Cabinet members of Mutharika government gave a ray of hope for democracy and constitutionalism. Things did start to change for the better under the Joyce Banda administration , however, in the later part of 2013 the exposure of blatant fraud and massive financial embezzlement of tax coffers by senior government officials at Capital Hill, commonly called the ‘Cashgate’ demonstrated the entrenched corruption and weak mechanisms to deal with it.
At the regional level, the elections are taking place during Malawi’s chair of SADC and elections having been held in South Africa and to be held in Botswana and Mozambique. A credible election in Malawi will no doubt have a positive influence on elections in the sub-region and the continent.
The electoral legal framework
The electoral process in Malawi is governed by the laws of Malawi comprising of the Constitution, the Parliamentary & Presidential Act, the Local Government Elections Act and the Electoral Commission Act. In 2012, Parliament amended the Constitution to allow for tripartite elections, which meant that the Parliamentary, Presidential and Local Government Elections would be conducted simultaneously.
The Parliament further passed a resolution tasking the Electoral Commission to spearhead the harmonization of Electoral Laws to allow for the effective and efficient conduct and holding of tripartite Elections. MEC was to discharge this duty in direct liaison with the Law Commission and would include the review of various recommendations by stakeholders on elections and isolate those critical issues that require amendment of the law. The objectives of the harmonization process were:
.To propose amendments that would align the electoral laws with Malawi’s international and regional obligations and commitments on elections;
.To propose amendments for a bill, which would be considered for tabling in the February 2013 sitting of Parliament;
.To synchronize electoral laws
However, not all of the above have been achieved as not all proposed amendments have yet been tabled or passed by the National Assembly.
The electoral law provides for election observation in all three phases of election. In practice observers have unhindered access to polling sites. There is no evidence to suggest that any domestic or international observers seeking to observe elections were denied accreditation.
The Local Government Amendment Bill of 2010: Since 1994 Malawi had local government elections only once in the year 2001 and the councilors term ended in 2005. Since then there has been a vacuum. Ward Councilors will be elected into office under several unpopular 2010 Local Government and Electoral Law amendments which have not yet been reviewed. By making MPs decision makers at the local level the amendments undermine the councilors representative role, especially regarding development priorities.
Elections Management Body - The institution responsible for managing elections is clearly defined in chapter VII sections 75 to 77 of the Constitution of Malawi. In addition, the 1998 electoral Commission Act, the 1993 Presidential and Parliamentary elections Act, and the Local Government Act define the mandate, powers and functions of the Malawi Electoral Commission (MEC). The structure of the MEC is spelled out in the Electoral Commission Act.
It comprises of the Commission which consists of a chairperson, who has to be a judge and such other members not being less than six. The Commissioners are supported by a MEC secretariat headed by the Chief Elections Officer and has a number of directorates.
Appointment of Commissioners became contentious since the run up to 2004 elections with political parties becoming more diverse and fractured. Constitutionally, the President shall in consultation with the leaders of the political parties represented in the National Assembly, appoint suitably qualified persons to be members of the Commission.
Until there was some sort of stable three party system with the Alliance for Democracy, Malawi Congress Party and the United Democratic Front in the National Assembly, each party had fair representation in the Commission. But, with more parties coming into the National Assembly in 2004 the principle of inclusivity did not continue to work and smaller parties felt excluded in the Commission. This would have perhaps not been an issue had MEC demonstrated neutrality and independence but this was not the case. None of the new parties that were formed in the run-up to the 2004 elections had the possibility to nominate candidates and this became a major issue between the opposition in parliament and the government between 2005 – 2009.
The tension between Mutharika and the dominant opposition parties in the National Assembly also reflected on appointment of MEC Commissioners when the new commissioners appointed by Mutharika in 2006 were rejected by party leaders in parliament and the opposition party leaders in parliament obtained a court injunction that blocked the inauguration of the new electoral commissionaires. In 2007, the president renewed the nominations but added four new names.
Again the court blocked the inauguration. He subsequently asked the party leaders to nominate candidates, but chose to ignore all nominations and re-appointed eight of his original nine members, plus three more names.' Again, a court injunction blocked the formal inauguration ceremony. Only in January 2008 did the MEC become operational when a sufficient number of commissioners were inaugurated.
This left the Commission non functional for fourteen months. If elections are to be considered as an ongoing political process rather than a one-day event, ‘the near paralysis of the electoral management for a period of 14 months, while waiting for new commissioners to be appointed, should be regarded as a serious impediment to the quality of the 2009 electoral process'.
In the run up to 2014 elections the scenario of discontinuity in the Commission prevailed. In January 2012 only one Commissioner was left in the Commission. The term of office had expired for four of its members, one member had died in 2011 and another had been appointed ambassador to the United States. That the term of office would expire was of course well known in advance, and presumably the appointment of the ambassador was not made out of the blue. If the President had so wished, five new commissioners could have been appointed early to ensure a smooth transfer to a new commission. But this did not happen because the President chose not to do so.
The issue of independence of the Electoral Commission also stands out by an act of the State President in the year 2010, by unilaterally and abruptly closing down the MEC, having the offices sealed and deploy armed policemen to guard the premises. This act had no legal basis and raises questions about the independence of MEC.
In violation of its constitutional independence, late President Mutharika had collectively suspended the Commission for alleged embezzlement, a censure that effectively aborted conduct of 2010 Local Government elections. Instead of producing conclusive evidence and prosecuting suspects, the late President collectively reinstated MEC staff in April 2011.
Constituency and Ward delimitation: Since 1998 constituency demarcation has not been done although the Constitution in Section 76 (2) (b) empowers the commission to review existing constituencies at intervals of not more than five years and alter them in accordance with the principal laid down in the same section.
Ward boundaries have been reduced in number per districts based on the Electoral Commission (Amended) 2010 Act. The Act stipulated that there shall be 2 wards for each parliamentary constituency, except that, in the case of cities of Blantyre and Lilongwe, the number of wards shall be 30, and in the case of the City of Mzuzu and the City of Zomba, the number of wards shall be 15 and 10, respectively.
This has implications for small districts such as Likoma and Balaka which implies that the number of councillors will be very low. For instance in Likoma, the situation implies that they shall have only two councillors in the district. Another problem with this amendment relates to the rationale for the baseline of determining wards. Determining wards based on parliamentary constituency make councillors to be hierarchically under MPs: a situation that would undermine the former’s independence and local representational role.
Election preparedness
The Malawi Constitution provides a basis for the country’s electoral calendar. The Constitution provides for presidential and parliamentary elections every five years. Delays in releasing a pre-election calendar of events and in the slow and limited accreditation of civil society organisations and election observers have been noted much as this time there were some major improvements compared to the past elections. The delays were caused mostly by the late appointment of the new Commission which was appointed in October 2012, just about one and half years to the elections.
Voter registration
Voter registration for the 2014 tripartite elections was organised in nine phases of 14 days each from 22nd July to 18th December 2013, and, due to shortage of equipment, extended to 4th January 2014 .
At the end of the exercise, 7,537, 548 voters were registered representing 94.1% of the projected total of 8,009,734; and 16% above the 2009 figure, and 11.2% above the 2010 registration for the failed local government elections. These figures have been disputed by some analysts including academics and statisticians based at the National Statistical Office (NSO) as being “unrealistic” because, they argue, the voting age in Malawi is lower than these figures suggest.
The suspicion is that the Malawi Electoral Commission (MEC) may have registered some under-aged (individuals below 18 years). After the verification process, MEC announced that 7,470,806 registered voters had been verified, a downward variation of 66,742 due to “arithmetical errors” in computation.
What is perturbing is two days prior to the polls the final voter rolls have not been sent to the districts and to political parties. MEC is reportedly printing the voters roll at this hour to be despatched to the districts.
The voter registration process was much better organised and with fewer hiccups than was previously the case. MEC announced the adoption of the Electronic Biometric Voter Registration System (EBVRS) to address the enormous challenges previously experienced in maintaining a credible voters’ roll.
The EBVRS involves the use of biometric technologies with the use of computers, fingerprint scanners and digital cameras to capture the bio-data of a voter at the registration point. With this new technology MEC would have been in a position to detect and remove multiple registrations and to update and verify the voters’ roll speedily. The system was abandoned due to technical and other capacity challenges. The voters roll therefore continues to face the same challenges as before. MEC did not also implement the opposition political parties’ request that the voters’ roll should be verified after each phase of registration.
Nominations: Party conventions were held with varying degrees of open and competitive elections for senior positions in the party. Selection of running mates however, was not done by consensus but rather as a personal prerogative of the party President. The party primary elections for nominations of parliamentary candidates in some of these parties continue to suffer from imposition and coercion. There was an evident lack of preparation on the part of all parties for the election of Councillors.
In most cases these candidates were handpicked. One worrying aspect of nominations for 2014 elections is filing in nominations by some facing charges in court of law ranging from murder, financial embezzlement and plotting coup to prevent constitutional order to take course. kSection 80 (7) (C) bars those convicted of “a crime involving dishonesty or moral turpitude” from being nominated for political office. The applicability of this section of the law is therefore confined to those who have been convicted.
It does not include those who have been “charged”, or are under investigation. Politically this raises serious concerns of the credibility and public image of such individuals and the body that accepts their nominations.
Lists of candidates
In total, 12 candidates were confirmed for the presidential race as follows:
Presidential Candidates
NO.
PARTY
PRESIDENTIAL CANDIDATE’S NAME
1. People’s Party (PP): Dr Joyce Hilda Banda (Female)
2. Malawi Congress Party (MCP): Dr. Lazarus McCarthy Chakwera (Male)
3. People’s Transformation Party (PETRA): Kamuzu Walter Chibambo (Male)
4. New Labour Party (NLP): Friday Anderson Jumbe (Male)
5. Chipani Cha Pfuko (CCP): Aaron Davies Chester Katsonga (Male)
6. Peoples Progressive Movement (PPM): Mark Katsonga Phiri (Male)
7. United Democratic Front (UDF): Atupele Muluzi (Male)
8. Democratic Progressive Party (DPP): Prof. Peter Mutharika (Male)
9. Malawi Forum for Unity and Development (MAFUNDE): George Nnesa (Male)
10. National Salvation Front (NASAF): James Mbowe Nyondo (Male)
11. United Independence Party (UIP): Abusa Helen Singh (Female)
12. Umodzi Party : Prof. John Chisi (Male)
Initially, Professor John Chisi of Umodzi Party was disqualified for being employed by the University of Malawi and therefore regarded to be a public servant. The Malawi electoral law bars public servants from standing for political office.
Chisi challenged the MEC decision in court and won. His case demonstrates MEC’s subjectivity in the interpretation of law on this issue.
Number of contestants for Parliamentary seats
1290 nominations were accepted for the parliamentary race, and 2 were rejected for the same reasons as those of Professor Chisi. The rejected 2 also challenged the MEC decision in court and won. The distribution of candidates by party affiliation is as follows:
Number of seats contested : 193
Number of candidates : 1290
Male : 1033
Female : 257
In addition, 402 independents have been nominated, 315 males and 87 females.
Number of contestants for Wards
For the local government elections 2,398 nominations were accepted as follows:
Total number of wards:462
Total number of contestants:2398
Male: 1981
Female: 417
Source: MEC
Notifications on nominations
On the lists of candidates the following anomalies have been noted:
.The lists for parliamentary and ward councillors that appeared on the MEC website by first week of May 2014 had not been updated. The names of the candidates who had won the court cases were not included.
.The MEC lists also showed two candidates for the same party in some wards, such as in Balaka.
.There were some inconsistencies in the numbers of candidates that the political parties had in their databases and those that MEC had, for example for DPP, MCP, PP and UDF.
Female representation
Ensuring gender equality and women’s participation is critical to a democratic system of governance. The Convention for the Elimination of All Forms of Discrimination Against Women, to which Malawi is a party, calls for all parties to grant women equal rights with men.
The Malawi Constitution not only prohibits discrimination on the grounds of sex (section 20), but also provides specific provisions on the rights of women. In Section 24 (1) the Constitution states that women have the right to full and equal protection by the law, and have the right not to be discriminated against on the basis of their gender or marital status which includes the right to be accorded the same rights as men in civil law; to enter into contracts; to acquire and maintain rights in property, independently or in association with others; to a fair disposition of property that is held jointly with a husband; to acquire and retain custody, guardianship and care of children; and to acquire and retain citizenship and nationality, among others.
In 2004, out of a total of 1,246 candidates, only 154 or 12.4 per cent were female. Noticeable was the low numbers of female candidates in the large parties with a national character, such as the MCP, the NDA, the PPM and the UDF.
Lack of party support was the major cause for women standing as independents. The majority of women who stood as independents had earlier been rejected by their political parties or had lost to men in the primaries, because their party executives and members preferred male candidates.
The 2009 elections saw a number of breakthroughs in terms of women’s participation in the democratic process. A total of 238 women contested the Parliamentary elections, representing 20.3% of the total number of candidates, and there was one female presidential candidate.
In addition to the appointment of Malawi’s first female vice president, the elections saw 41 women winning Parliamentary seats and a solid turnout from female voters. These achievements have largely been attributed to the joint campaign of civil society groups, international development partners and the government, popularly known as the 50/50 campaign – targeting 50% female representation in Parliament, which was however not achieved.
The largest slice of funding for the campaign, aimed at helping female candidates campaign more effectively during the election period, came from DfID and the UNFPA. Another breakthrough was the appointment of 11 women to cabinet positions, representing 26% of the cabinet team – compared to seven out of 42 (or 17%) in the previous cabinet.
It was expected that the existence of a female vice president and more female MPs would raise the profile of women’s, and children’s, issues in the country although there is still much work to be done to give women a bigger role in Malawi’s government, and indeed to reduce the marginalisation of women across society.
The nomination lists for the 2014 tripartite elections show that 2 females have been nominated for the presidency, 257 for parliament – increase from 238 in 2009, and 417 for ward councillor. The percentage of the female presidential candidates is therefore 16.6% , and 19.9% for parliamentary candidates, and 17.3% for ward councillors. The percentage of female candidates in the parliamentary race has in fact gone down slightly from 20.3% in 2009 though there has been a minimal and less impressive increase in the absolute numbers. The decline is on account of the increase in the numbers of male candidates.
Political parties do not have quotas or affirmative policies for female representation. Male dominance and the view that politics is “dirty” (where abusive language and violence are norms) deter some women from putting their names up for nomination. The fee requirement for nomination, MK100,000 for female parliamentary candidates and MK15,000 for female ward councillor candidates may be prohibitive for most women, especially those unemployed and those in the rural areas.
Youth representation
The 2014 electoral race has one Presidential candidate and three running mates who are in their youth. At constituency and wards levels too there are a number of youth contestants though data is not available.
As a step to ensure that the youth is not used to perpetuate violence and other destructive activities, youth organisations such as the Malawi Human Rights Youth Network and the Young Politicians Union organised activities like interparty peace march and signing of peace declaration by all contending parties.
As the case with female representation, political parties do not have youth quotas and affirmative policies for you representation.
Voter education
The Electoral Commission Act mandates the Malawi Electoral Commission to provide voter education. The Commission has a department responsible for the task. However, the Commission’s ability to successfully amount a large scale voter education campaign is limited by inadequate capacity. The Commission does not have its own staff in the districts to carry out the task. It depends on civil servants and other public service employees.
The Commission also lacks proper equipment and facilities of its own. As a result, the most effective institutions in delivering civic and voter education have been the civil society bodies. Granted their successes, they are, themselves, limited by inadequate financial resources, personnel and other facilities.
Being the first tripartite elections, and given the fact that local government elections were taking place after a lapse of eight years, much emphasis and attention was required to highlight the roles and responsibilities of Member of Parliament and ward councillor not only for the voters but also for the candidates. Owing to the constraints mentioned, adequate civic education has not been carried out addressing this issue.
Civil society organizations
CSOs in Malawi, entered the Civic and Voter education exercise for the 2014 tripartite elections in a weakened position. The following factors account for this:
.Brutalized and traumatized movement: The events of 2009-2011 left the CSO movement in the country undermined in many ways. Some CSOs had their offices torched, and their leaders politically and physically harassed. To date, there has been no process of healing. Suspicion characterizes the relationship between CSOs and the government. Much as CSO leaders have welcomed the end of harassment experienced between 2009 and 2011, many still doubt the durability of the government’s current approach.
.Shake up in the CSO movement in the last five years: The 2009-2011 events also caused a huge shake up in the CSO movement. A few CSO leaders have been reduced to hand clappers, some warehoused, others silenced or have joined active politics – resulting in undermining of CSO voice, loss of institutional memory, expertise and skills.
.Questionable CSO institutional authority and credibility in some cases: There was a discord in expectations between CSOs and the populace in 2011. The majority of Malawians probably wanted the government of the time to go, while most CSO leaders were content with a political settlement of some kind. The dialogue process between CSOs and the government was never concluded, resulting in an incomplete political settlement. As a result, the political and institutional authority and the credibility of most CSOs in the country are rather questionable at the moment.
.Weak horizontal linkages between international non-governmental organizations and (INGOs) and local CSOs, characterized by “unnecessary” competition between them – resulting in the loss of opportunity to galvanize support and create a united voice.
.Non-existence of a national CSO forum: Existing umbrella bodies such as the Human Rights Consultative Committee (HRCC) and the Council for Non-governmental Organisations in Malawi (CONGOMA) are perceived not to be doing enough, compounded by a rather controversial legal framework for the latter.
.Weak horizontal linkages with the rather apathetic private sector/corporate world: The Malawi CSO have a very weak link with the private sector. The latter are also rather apathetic when it comes to their participation (or influence) in political matters, much as they are aware that bad politics and poor governance create a bad environment for them.
.Declining funding both at the local and international levels, at a time when governance issues are becoming more prominent.]
.Few pool/basket funding mechanisms, eg the Tilitonse fund, for support for governance issues.
These developments may affect the degree of public trust in CSOs, the degree of CSOs’ trust in government and state institutions; the extent to which the CSOs can work together as one body of institutions, the credibility of the CSOs, and the level of networking and coordination between the CSOs.
Election funding
These challenges will be compounded by the lack or inadequacy of funding for the elections, as well as delays in the funding. Inadequate and delayed funding will affect the operations of both the CSOs and the MEC. By May 2013, most development partners had made only pledges, or partial funding, for the May 2014 elections.
For example, the European Union (EU), one of the major sources of election funding in the country, promised to increase its funding from €1.5 million to about €5 million towards the end of the year. This is a reallocation within the €30 million envelope under the financing agreement for the democratic governance programme, where the EU channels resources towards democratic consolidation - it is not new money.
The increase in the funding, is in the wake of resource constraints that the country’s electoral process faces at all levels. This necessitated the government to write a proposal for extra funding towards the tripartite election. Part of this funding will support the election-related programmes of the National Initiative for Civic Education (NICE) Trust.
Controversy surrounds the funding that comes from USAID and DfID through the National Democratic Institute (NDI). Malawi CSOs are of the opinion that the amounts involved are rather on the low side and the involvement of a third-party grants managing institution, is unnecessary as it increases overhead costs that go to NDI itself. NDI’s central role in grants management, arguably, undermines the growth of capacity of the local CSOs. The requirements for accessing the grants are restrictive and the grant accounting procedures are tedious, forcing CSOs to spend more effort and time in managing the grants rather than conducting activities in the field.
It has further been observed that the external funding has not been systematic and timely. Most NGOs got funding very late and thus could not carry out effective civic education. The basket funding approach like in the past seem more effective and should have been adopted.
Complexity of 2014 elections
MEC accredited about 140 civil society bodies to provide voter education and related services for the 2014 tripartite elections. Of these, about 40 got funding for provision of civic education. The funding came rather late, and in in inadequate amounts. Some development partners also demonstrated preference for specific civic bodies for election funding, leaving out the majority of CSOs. For example, the European Uninion preferred to fund NICE while the Norwegian Embassy funded 8 out of the 47 institutions in the 50/50 Campaign Network.
Much of the funding for voter education by CSOs was channelled through international intermediaries resulting in further undermining the capacity of local CSOs. Consequently, the efforts to provide voter education for all citizens have been far from being adequate.
Media coverage
The media play an important role in influencing voters not only to vote but also to make the right choices. A noticeable improvement in the 2014 elections was the provision of funding to some key media institutions by development partners. A number of media houses, both print and electronic, received direct funding to cover election related activities.
The public broadcasters, the Malawi Broadcasting Corporation (MBC) and Television Malawi (TV) are mandated by law to provide unbiased election coverage and voter education. There are very serious concerns about bias in the content of public broadcasting for the 2014 elections.
An April 2014 media monitoring study report by the IWPR/USAID/DFID Media Monitoring Project showed that media coverage is Executive-focused, 37.9% coverage for presidential candidates compared to 11% for parliamentary candidates and 1.7% ward councilors. The public broadcasters provided 70% coverage to the incumbent People’s Party presidential candidate, compared to less than 10% for all the over candidates. ZBS provided more balanced coverage of all the presidential candidates, but still only up 20% and below of the total coverage.
The private media have comparatively provided better coverage of all the key political players in these elections. However, they, too, have been rather limited in terms of the themes covered, the key issues raised, and in providing space for dialogue between the candidates and the voters. The electoral process received 32% coverage, followed by law and order at 9%, corruption and cashgate at 8% and the economy again at 8%.
Public debates and dialogue
The dialogue between the candidates and the voters has mostly been in the form of debates at the presidential, parliamentary and ward levels. The public opinion as expressed in the media is that the candidates failed to impress. With the exception of one or two, they were generally not able to clearly articulate their policy positions and to turn these into political messages, and to appeal to the voters to vote for them. There was no real debate between/among the candidates themselves. The candidates did not take each other on on particular issues and especially where there were possibilities for some major differences among them. However, the initiative was innovative.
Campaign process
There is no law regulating campaign financing in Malawi. Parties and candidates do not have any legal obligation to declare their sources of funding. Public resources can therefore be used for political campaigns, especially by the incumbent. There is also no law imposing campaign spending limits. Lack of such law encourages politicians or those with vested interests in accessing power to invest huge amounts of resources in the distribution of handouts which facilitates political patronage and creates an unlevelled playing field.
Human right violations and campaign violence
The MESN long term election observation report for April 2014 indicated that there were a total of forty- three (43) human rights violation incidents recorded, and five cases of disruption of political campaign activities, and eight cases of intimidation or harassment occurred in the same period. The observers also noted two cases of voters forced to attend political meetings. Voter ID buying was also recorded in four incidences. There were twenty–nine (29) reported cases that the observers recorded under human rights violations. Two fatalities and many injuries were reported just days before the beginning of the official campaign period. These cases suggest that human rights violations, campaign violence, and other malpractices are a reality.
Handouts and undue advantage
A levelled playing field is one of the key determinants of fairness of an election. This implies that no election candidate should have undue advantage over others. Section 193 (4) of the Malawi Constitution prohibits the use of public resources for political purposes. There are also restrictions on the use of civil service employees in political party activities. The Constitution mandates the Civil Service Commission, set up under Chapter XX of the Constitution, to take up legal proceedings in the High Court against ‘a government or political party or member of a political party’ who contravenes these rules.
It has been observed that Ministers who are running for parliamentary seats often use state vehicles and government personnel while campaigning. The State President is the worst violator of the constitutional provisions that prohibit use of public resources for political purposes. In the name of “development activities” the State President uses public resources and facilities for campaign purposes. These include government vehicles, public media (MBC and TVM), government personnel and resources donated to government by external governments and bodies.
For example, the State President distributes externally donated maize and other gifts during her campaign rallies. The Mudzi Transformation Trust, endorsed by Parliament, and generates resources as a state trust, is used as a personal private enterprise to provide housing to poor people, in the name of rural development. The State President uses these resources for her personal campaign for re-election. The culture of hand outs creates a patron-client relationship that favours the incumbent and disadvantages the political players.
More controversially is the use of chiefs in political activities. The endorsement of a traditional leader plays an important part in the selection of elected or un-elected officials at the local level though the general argument is that chiefs should be politically neutral. Election observation reports by both local and international observers indicate widespread use of chiefs by the ruling party to intimidate opposition party supporters and candidates.
This practice is widespread in the country. It is also practiced by opposition politicians to frustrate the efforts of the party in power, to the extent that in June 2013 President Banda warned her fellow politicians “against using chiefs to score political mileage”. President Banda, herself, has appointed and promoted more chiefs than any other Malawi president before her and uses them in her distribution of patronage and for political campaigns.
Some critics, particularly in civil society and the media, have argued that the appointment and promotion of large numbers of chiefs amounts to political manipulation and a “political gimmick” that advantages her during this election period.
Conclusions
The foregoing account suggests that there have been some improvements over the previous four elections. However, there are still some major challenges.
On the improvements, the following are noted:
.The phasing of the voter registration process was a good innovation as it allowed for flexibility and extensions where required.
.Communication and information flow from MEC has greatly improved, with timely reporting and consultation with key stakeholders.
.The level of bias on the part of the election management body had abated. Previous elections were characterized serious accusations of MEC bias, not so common this time around.
.The presidential debates have been an important innovation. They have provided the candidates the opportunity to dialogue with the voters and to turn this into an issue-based campaign.
.Though MBC and TVM still have 70% coverage of the incumbent, this is an improvement from the 90% or more from in the previous elections.
.The inclusion of younger and new candidates in the presidential and parliamentary contests assures the country of leadership renewal. New and future political leaders are emerging in the country.
On the challenges side, the following are noted:
.The legal framework is still problematic, with incomplete harmonization of the laws . The unpopular Local Government Amendment Act of 2010 not reviewed.
.The late appointment of Commissioners resulted in delays in the release of the electoral calendar. The Commission was also totally new, except for one members from an early Commission, which may have affected institutional memory.
.The credibility of the voters roll is still questionable with the clean up exercise not being thorough and complete.
.The list of candidates for constituencies and wards are not thoroughly cleaned up with anomalies like two candidates in one ward, and names of candidates missing in some constituencies.
.Inadequate funding for the elections and civic education may affect the quality of the electoral process and the civic education itself.
.Local government elections being sidelined in the entire electoral process.
.Fatalities have already been reported, coming days before the official opening of the campaign period. This raises concerns about possibility of post-election violence.
.Public media coverage is too executive-focused, with less attention to the local government elections
.The playing is far from being level field. The distribution of handouts, use of public resources, and the involvement of chiefs in politics have created a political environment that has resulted in the unlevel playing field.
.Two to three years prior to the elections civil society organizations were battered and brutalized, this, coupled with poor funding for civic education, have undermined the capacity for these bodies to effectively contribute to the election processes in the country.
.Much as there has been some increase in the numbers of female contestants in these elections, the increases are rather minimal. In percentage, the number of female parliamentary candidates has in fact gone down compared to that of men.
'Tripartite Elections Day Not Public Holiday'
PRESS RELEASE
The Ministry of Local Government and Rural Development (MoLGRD) wishes to inform the General Public that tomorrow 20th May, 2014, though being a Polling Day, is NOT a Public Holiday at all.
However, the Ministry would like to appeal and encourage all Government Ministries, Departments and Agencies (MDAs); Private Sector Organisations; Non Governmental Organisations (NGOs); and all business owners to make arrangements and allow their employees and subjects to go and vote.
The Ministry of Local Government and Rural Development wishes the General Public a peaceful, free and fair Tripartite Election.
God bless Malawi.
Kester E. Kaphaizi
SECRETARY FOR LOCAL GOVERNMENT AND RURAL DEVELOPMENT
PRIVATE BAG 30312
CAPITAL CITY
LILONGWE
19™ MAY, 2014
The Ministry of Local Government and Rural Development (MoLGRD) wishes to inform the General Public that tomorrow 20th May, 2014, though being a Polling Day, is NOT a Public Holiday at all.
However, the Ministry would like to appeal and encourage all Government Ministries, Departments and Agencies (MDAs); Private Sector Organisations; Non Governmental Organisations (NGOs); and all business owners to make arrangements and allow their employees and subjects to go and vote.
The Ministry of Local Government and Rural Development wishes the General Public a peaceful, free and fair Tripartite Election.
God bless Malawi.
Kester E. Kaphaizi
SECRETARY FOR LOCAL GOVERNMENT AND RURAL DEVELOPMENT
PRIVATE BAG 30312
CAPITAL CITY
LILONGWE
19™ MAY, 2014
Sunday, May 18, 2014
Malawi Electoral Commission Information Fact Sheet, Election Logistics
ELECTIONS
.Presidential Race: Country wide
.Parliamentary Election: 193 Constituencies
.Local Government Election: 462 Wards
BY-ELECTIONS
.Two Local Government Election races postponed due to the death of candidates
.One Parliamentary race postponed due to death of a candidate
FINAL REGISTERED VOTERS
.7, 470, 806
POLLING
. Polling is conducted at polling-centre locations where voters are directed to one or more polling streams.
Total Polling Centres in Malawi: 4, 445
Total Polling Streams: 11, 626
Maximum Number of Voters Assigned to a Stream: 800
COMPETITORS
Presidential Contestants: 12 presidential candidates and vice-presidential nominees
Parliamentary Contestants: 17 political parties are contesting, as well as independent candidates
Local Government Election Contestants: 18 political parties, as well as independent candidates are taking part.
LOGISTICS
.The polling operation will be supported by almost 1900 vehicles drawn from across Malawi's ministries, coordinated through the Office of the President and Cabinet
.The Malawi Defence Force is also providing logistical support in the form of vehicles and aircraft
STAFFING
.The Malawi Electoral Commission has trained and will deploy almost 90, 000 staff to conduct the polling operations.
These members of staff include:
.193 Constituency Returning Officers
.35 District Election Coordinators
.4,445 Presiding Officers
.10, 895 Assistant Presiding Officers
.58, 120 Polling Clerks
.5,418 Marshalls
.9,750 Security Staff
.800 Quality Control Managers
RESULTS MANAGEMENT AND TALLYING
.Presiding Officers from the 4,445 polling centres will securely transport the results from each centre to a tally centre located in each of the 35 Council locations
.Results will be entered into the computer system and transmitted to the National Tally Centre in Blantyre.
SCHEDULE TO ANNOUNCE RESULTS
.By law, within 8 days after polling day
.May be extended by a decision of the Chairman by up to 72 hours
COMPLAIN
.Complaints can be made at polling stations with Presiding Officers and resolved at the location.
.Or, if not satisfied, may be appealed to the Malawi Electoral Commission
.After the announcement of the results, within seven days:
Please note:
. Presidential and Parliamentary complaints may be submitted directly to the High Court as an election petition
.Councillor complaints may be submitted to the Malawi Electoral Commission, and the decision appealed, if necessary, to the High Court.
Saturday, May 17, 2014
Conclusions of the Paris Summit for Security in Nigeria (17 May 2014)
PRESS RELEASE: AFRICAN PRESS ORGANISATION
PARIS, France, May 17, 2014 -- Paris Summit for Security in Nigeria (17 May 2014)
CONCLUSIONS
The Heads of State of Benin, Cameroon, Chad, France, Niger and Nigeria, as well as representatives of the European Union, the United Kingdom and the United States, participated on 17 May 2014 in a Summit in Paris dedicated to security in Nigeria. This Summit has helped intensify regional and international mobilization to combat the terrorism of the Boko Haram group.
The Summit concluded with several decisions that will strengthen cooperation between regional States, both to enable the liberation of the abducted school girls and more generally to combat Boko Haram. The partners present (the European Union, France, the United States and the United Kingdom) are committed to supporting this regional cooperation and strengthening the international means to combat Boko Haram and protect victims. All these States reaffirm their commitment to human rights and particularly the protection of girls who are victims of violence and forced marriage or threatened with slavery.
Regional Cooperation
Nigeria and its neighbours will build analysis and response capabilities that will contribute to enhancing the security of all populations and the rule of law in the areas affected by Boko Haram’s terrorist acts.
To combat the Boko Haram threat, which has recently manifested itself through several murderous attacks and the abduction of more than 270 school girls, Nigeria and its neighbours have decided to immediately:
1. On a bilateral basis
- Implement coordinated patrols with the aim of combating Boko Haram and locating the missing school girls
- Establish a system to pool intelligence in order to support this operation
- Establish mechanisms for information exchange on trafficking of weapons and bolster measures to secure weapons stockpiles
- Establish mechanisms for border surveillance;
2. On a multilateral basis
- Establish an intelligence pooling unit
- Create a dedicated team to identify means of implementation and draw up, during a second phase, a regional counter-terrorism strategy in the framework of the Lake Chad Basin Commission.
This approach is consistent with the 2012 Summit of the Lake Chad Basin Commission. The United States, the United Kingdom, France and the European Union will coordinate their support for this regional cooperation through technical expertise, training programmes and support for border-area management programmes.
Efforts at international level
The participants commit to accelerating the implementation of international sanctions against Boko Haram, Ansaru and their main leaders, within the United Nations framework as a priority.
Mobilization to support marginalized areas and their fragile populations, and particularly women exposed to violence
The P3 and the EU pledge to mobilize donors in support of programmes fostering the socio-economic development of the regions concerned, with particular emphasis on gender equality, the rights of women and girls and in particular their right to education, increasing women's participation in all decision-making processes, and supporting victims of sexual violence, including through legal assistance, medical care and psychosocial support. The EU will dedicate a certain number of its programmes to these aspects and will strengthen its efforts to combat radicalization.
The participants agreed that the United Kingdom would host a follow-up meeting next month at Ministerial level to review progress on this action plan.
Distributed by APO (African Press Organization.
SOURCE: Présidence de la République française
PARIS, France, May 17, 2014 -- Paris Summit for Security in Nigeria (17 May 2014)
CONCLUSIONS
The Heads of State of Benin, Cameroon, Chad, France, Niger and Nigeria, as well as representatives of the European Union, the United Kingdom and the United States, participated on 17 May 2014 in a Summit in Paris dedicated to security in Nigeria. This Summit has helped intensify regional and international mobilization to combat the terrorism of the Boko Haram group.
The Summit concluded with several decisions that will strengthen cooperation between regional States, both to enable the liberation of the abducted school girls and more generally to combat Boko Haram. The partners present (the European Union, France, the United States and the United Kingdom) are committed to supporting this regional cooperation and strengthening the international means to combat Boko Haram and protect victims. All these States reaffirm their commitment to human rights and particularly the protection of girls who are victims of violence and forced marriage or threatened with slavery.
Regional Cooperation
Nigeria and its neighbours will build analysis and response capabilities that will contribute to enhancing the security of all populations and the rule of law in the areas affected by Boko Haram’s terrorist acts.
To combat the Boko Haram threat, which has recently manifested itself through several murderous attacks and the abduction of more than 270 school girls, Nigeria and its neighbours have decided to immediately:
1. On a bilateral basis
- Implement coordinated patrols with the aim of combating Boko Haram and locating the missing school girls
- Establish a system to pool intelligence in order to support this operation
- Establish mechanisms for information exchange on trafficking of weapons and bolster measures to secure weapons stockpiles
- Establish mechanisms for border surveillance;
2. On a multilateral basis
- Establish an intelligence pooling unit
- Create a dedicated team to identify means of implementation and draw up, during a second phase, a regional counter-terrorism strategy in the framework of the Lake Chad Basin Commission.
This approach is consistent with the 2012 Summit of the Lake Chad Basin Commission. The United States, the United Kingdom, France and the European Union will coordinate their support for this regional cooperation through technical expertise, training programmes and support for border-area management programmes.
Efforts at international level
The participants commit to accelerating the implementation of international sanctions against Boko Haram, Ansaru and their main leaders, within the United Nations framework as a priority.
Mobilization to support marginalized areas and their fragile populations, and particularly women exposed to violence
The P3 and the EU pledge to mobilize donors in support of programmes fostering the socio-economic development of the regions concerned, with particular emphasis on gender equality, the rights of women and girls and in particular their right to education, increasing women's participation in all decision-making processes, and supporting victims of sexual violence, including through legal assistance, medical care and psychosocial support. The EU will dedicate a certain number of its programmes to these aspects and will strengthen its efforts to combat radicalization.
The participants agreed that the United Kingdom would host a follow-up meeting next month at Ministerial level to review progress on this action plan.
Distributed by APO (African Press Organization.
SOURCE: Présidence de la République française
On Allegations of Plans for Post Election Violence
DEMOCRATIC PROGRESSIVE PARTY
PRESS STATEMENT
‘For immediate release’
The Democratic Progressive Party (DPP) strongly dismisses allegations being spread by the People’s Party (PP) and its agents that the DPP plans to cause violence in the country should it lose the forthcoming tripartite general elections on 20th May 2014.
This scheme of misinformation and fear mongering is being run by the People’s Party through its political activists on the social media and through the use of government sponsored opportunistic persons operating under the guise of civil society; the discredited the National Forum for Development is one such grouping of persons.
These efforts from the PP are the last kicks of a dying horse; the writing is all over the wall that the PP’s time to be experimenting with Malawians lives and continue protecting corrupt persons in its rank and file is over.
The DPP is aware that the PP and its leadership are in a serious panic mode knowing that the day of reckoning is fast approaching. The day is only days away and is fast becoming closer by the hour; nothing will change this fact.
We are also aware that the allegations of pending violence being spread by the PP are a calculated move aimed at threatening Malawians, and discouraging them so that they don’t come out in large numbers and express their disapproval of the People’s Party administration on 20th May 2014.
Malawians are demanding answers to many ills that have befallen them since the PP administration took over such as the government orchestrated looting of public resources; ‘‘Cash-gate’’, loss of lives due to shortage of drugs in hospitals, failure to pay civil servants , escalating levels of poverty and lack of national direction. No amount of lies from the PP and its paid agents will deter Malawians from further demanding answers to these questions on 20th May 2014 through their vote.
The PP and its agents such as the Forum for Development should know that Malawians are tired of an administration that seems to only understand and specialize in the manufacturing and peddling lies for the very people it is supposed to govern.
The duty of any competent administration where there is a credible threat of violence against its citizens as the PP administration is alleging is to investigate, arrest and try those involved to protect the innocent; We wonder why the PP is not doing this; merely going to the media to talk about the threat casually is indicative of an administration that is not only clueless of its responsibilities towards its citizens, but one in serious fear of accepting reality that its days are numbered.
The DPP is calling upon all well meaning Malawians to ignore the wild barking from PP and its agents but focus on what is good for Malawi; ushering in a visionary leadership so that we can progressively move together as a nation.
Finally the Democratic Progressive Party is urging all Malawians to be diligent during the few remaining days and conduct themselves peacefully to ensure that come the elections day 20th May 2014, the People’s Party and its agents do not hijack the Malawi we deserve through baseless fear mongering and vote rigging.
Signed
KONDWANI NANKHUMWA
DIRECTOR OF ELECTIONS
DEMOCRATIC PROGRESSIVE PARTY
PRESS STATEMENT
‘For immediate release’
The Democratic Progressive Party (DPP) strongly dismisses allegations being spread by the People’s Party (PP) and its agents that the DPP plans to cause violence in the country should it lose the forthcoming tripartite general elections on 20th May 2014.
This scheme of misinformation and fear mongering is being run by the People’s Party through its political activists on the social media and through the use of government sponsored opportunistic persons operating under the guise of civil society; the discredited the National Forum for Development is one such grouping of persons.
These efforts from the PP are the last kicks of a dying horse; the writing is all over the wall that the PP’s time to be experimenting with Malawians lives and continue protecting corrupt persons in its rank and file is over.
The DPP is aware that the PP and its leadership are in a serious panic mode knowing that the day of reckoning is fast approaching. The day is only days away and is fast becoming closer by the hour; nothing will change this fact.
We are also aware that the allegations of pending violence being spread by the PP are a calculated move aimed at threatening Malawians, and discouraging them so that they don’t come out in large numbers and express their disapproval of the People’s Party administration on 20th May 2014.
Malawians are demanding answers to many ills that have befallen them since the PP administration took over such as the government orchestrated looting of public resources; ‘‘Cash-gate’’, loss of lives due to shortage of drugs in hospitals, failure to pay civil servants , escalating levels of poverty and lack of national direction. No amount of lies from the PP and its paid agents will deter Malawians from further demanding answers to these questions on 20th May 2014 through their vote.
The PP and its agents such as the Forum for Development should know that Malawians are tired of an administration that seems to only understand and specialize in the manufacturing and peddling lies for the very people it is supposed to govern.
The duty of any competent administration where there is a credible threat of violence against its citizens as the PP administration is alleging is to investigate, arrest and try those involved to protect the innocent; We wonder why the PP is not doing this; merely going to the media to talk about the threat casually is indicative of an administration that is not only clueless of its responsibilities towards its citizens, but one in serious fear of accepting reality that its days are numbered.
The DPP is calling upon all well meaning Malawians to ignore the wild barking from PP and its agents but focus on what is good for Malawi; ushering in a visionary leadership so that we can progressively move together as a nation.
Finally the Democratic Progressive Party is urging all Malawians to be diligent during the few remaining days and conduct themselves peacefully to ensure that come the elections day 20th May 2014, the People’s Party and its agents do not hijack the Malawi we deserve through baseless fear mongering and vote rigging.
Signed
KONDWANI NANKHUMWA
DIRECTOR OF ELECTIONS
DEMOCRATIC PROGRESSIVE PARTY
Friday, May 16, 2014
Voting by Malawi Police Service, Malawi Defence Forces Officers
PUBLIC NOTICE
The Malawi Electoral Commission would like to refute rumours that officers of the Malawi Police Service and the Malawi Defence Forces have already voted.
The Commission is informing all registered voters that no one has voted ahead of the polling day on May 20, 2014.
The Police and Malawi Defence Officers, just like any other registered voter, will vote on May 20, 2014. The arrangement is that on the polling day security officers and polling staff will vote first on the polling day so that they can be free to discharge their duties.
The Commission would like to urge all individuals or institutions who are spreading such rumours to stop with immediate effect.
Dated at Blantyre this 15th day of May, 2014.
Willie Kalonga
CHIEF ELECTIONS OFFICER
Thursday, May 15, 2014
Citizen Journalism Campaign Launch
STATEMENT FOR IMMEDIATE RELEASE
May 15, 2014
The Malawi Electoral Support Network (MESN), through the Malawi Election Information Centre (MEIC), has launched a campaign called Citizen Journalism to motivate citizens to effectively participate in the May 20, 2014 Tripartite Elections by reporting on electoral incidents happening in their respective communities. All reported incidences will be shared with relevant authorities for immediate action and redress if need be.
Citizen Journalism is a concept coined to describe citizen participation in matters that affect their daily lives by sharing stories and experiences on issues happening in their respective communities.
Among others, the campaign aims to:
.Raise citizen awareness on the importance of active citizen participation in the electoral process
.Raise awareness on the need to vote
.Sensitize citizens on their role in publicizing electoral incidents taking place in their communities
The launch, which took place at Namame Catholic grounds in Blantyre City South East Constituency on Wednesday, May 13, will run till polling day on May 20 and targets all citizens of voting age – both men and women as well as decision makers, media and community based none governmental organizations.
Among other strategies, the campaign involves road shows and face to face interactions with citizens in randomly selected constituencies across the country. Some of the constituencies selected for the road shows include: Mzimba South, Rumphi Central, Nkhatabay South, Blantyre Rural East, Thyolo South, Nsanje Central, Chikwawa Central, Zomba Malosa, Machinga Central, Mangochi South East, Lilongwe South, Dedza North, Ntcheu Central and Kasungu South East.
All citizens are encouraged to participate in the electoral process by taking part in deciding the future of Malawi and sharing their experiences using mobile phones by simply sending an sms to 58683. The sms is for free and applies to both TNM and Airtel.
This is the first time in the history of the country that citizens are being encouraged to participate in the electoral process by reporting electoral incidence’s in their respective communities. Citizens are encouraged to indicate their location and time when sending the text.
The system is secure and will help citizens and communities have their concerns addressed immediately. The system does not capture details of the sender e.g contact number or name and all the text messages will be analyzed and captured on a Citizen Journalism Platform to inform any strategic interventions to do with the elections.
The Campaign has been made possible with support from the Open Society Initiative for Southern Africa (OSISA), and Hivos.
Signed
Steven Duwa,
Malawi Electoral Support Network and Malawi Election Information Centre Chairperson
May 15, 2014
The Malawi Electoral Support Network (MESN), through the Malawi Election Information Centre (MEIC), has launched a campaign called Citizen Journalism to motivate citizens to effectively participate in the May 20, 2014 Tripartite Elections by reporting on electoral incidents happening in their respective communities. All reported incidences will be shared with relevant authorities for immediate action and redress if need be.
Citizen Journalism is a concept coined to describe citizen participation in matters that affect their daily lives by sharing stories and experiences on issues happening in their respective communities.
Among others, the campaign aims to:
.Raise citizen awareness on the importance of active citizen participation in the electoral process
.Raise awareness on the need to vote
.Sensitize citizens on their role in publicizing electoral incidents taking place in their communities
The launch, which took place at Namame Catholic grounds in Blantyre City South East Constituency on Wednesday, May 13, will run till polling day on May 20 and targets all citizens of voting age – both men and women as well as decision makers, media and community based none governmental organizations.
Among other strategies, the campaign involves road shows and face to face interactions with citizens in randomly selected constituencies across the country. Some of the constituencies selected for the road shows include: Mzimba South, Rumphi Central, Nkhatabay South, Blantyre Rural East, Thyolo South, Nsanje Central, Chikwawa Central, Zomba Malosa, Machinga Central, Mangochi South East, Lilongwe South, Dedza North, Ntcheu Central and Kasungu South East.
All citizens are encouraged to participate in the electoral process by taking part in deciding the future of Malawi and sharing their experiences using mobile phones by simply sending an sms to 58683. The sms is for free and applies to both TNM and Airtel.
This is the first time in the history of the country that citizens are being encouraged to participate in the electoral process by reporting electoral incidence’s in their respective communities. Citizens are encouraged to indicate their location and time when sending the text.
The system is secure and will help citizens and communities have their concerns addressed immediately. The system does not capture details of the sender e.g contact number or name and all the text messages will be analyzed and captured on a Citizen Journalism Platform to inform any strategic interventions to do with the elections.
The Campaign has been made possible with support from the Open Society Initiative for Southern Africa (OSISA), and Hivos.
Signed
Steven Duwa,
Malawi Electoral Support Network and Malawi Election Information Centre Chairperson
Postponement of Parliamentary Election for Blantyre North
PUBLIC NOTICE
In pursuance of Section 47 of the Parliamentary and Presidential Elections Act no. 31 of 1993, the Malawi Electoral Commission is informing all stakeholders that Parliamentary Election for Blantyre North constituency has been postponed because of death of a
candidate.
Mr Harold Chester Mulli died on Saturday, May 10, 2014. He was contesting on a Malawi Congress Party ticket.
The Commission will conduct by-elections in the constituency after the May 20, 2014 Tripartite Elections. Candidates who were duly nominated for the cancelled polls will need to notify the Commission in writing of their intention to contest again when the Commission issues a notice to hold by-elections.
Dated at Blantyre this 14th day of May, 2014.
Willie Kalonga
Chief Elections Office
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