On 25 May, the Supreme Court will decide whether to proceed with an appeal by lawyers representing the Electoral Commission challenging the validity of two opposition leaders- from different parties -contesting on one ticket as running mates.

The High Court allowed Gwanda Chakuamba leader of the Malawi Congress Party(MCP) and Chakufwa Chihana of the Alliance For Democracy(AFORD) to contest the presidential elections as running mates, saying the law provided no restrictions on such an arrangement.

MCP holds 56 seats, AFORD 36 in the 177-seat parliament while the ruling United Democratic Front(UDF) of President Bakili Muluzi has 85. An alliance of the two parties at presidential level is seen to pose a real threat to UDF and Muluzi's domain and has thrown the race wide open. The opposition leaders took the Electoral Commission to court for initially denying them a chance to run on one ticket, and the High Court ruled in their favour.

Malawi's election time-table has been delayed due to late acquisition of material and administrative bottle-necks that have resulted in three extensions to the voter registration exercise. Malawi's constitution provides for a 21-day gap between the end of registration and polling day for verification of the registers and rectification of errors. Registration closed on 14 May with the presidential and parliamentary elections only eleven days away. The opposition felt the constitution had been violated and took the matter to court.

Last Friday's emergency parliamentary session was called by President Bakili Muluzi to amend the law and allow for a postponement to the election date after the High Court restrained the Electoral Commission from proceeding with the exercise on 25 May.

One Hundred and sixty six(166) MPs showed up for the parliamentary session Friday, sitting in the administrative capital Lilongwe, and decided to postpone the elections to a date not later than 15 June to allow for the verification and registration of voters in areas where registration centres had not opened for lack of materials. It is expected that the Electoral Commission will formalise the date.

Parliament was dissolved on 20 March 1999 with 170 members in the final session(seven MPs are deceased) and the Electoral Commission had expressed fears that nearly half of the members might not feel compelled to attend because they had since not been adopted for the next elections by their parties.Such an eventuality would have rendered it impossible for the house to attain a two-thirds majority vote required to amend the electoral law.

Despite Parliament's decision to postpone elections upto 15 June, however, the time-table may yet be upset by the Supreme Court case on the opposition alliance because it would mean reprinting the ballot papers -and the resources are limited. Chakuamba and Chihana already appear on one ballot.

"This is not the Electoral Commission's problem. It is the opposition alliance's problem", says Alaudin Osman, Press Secretary to President Muluzi.

"If the Court rules that they cannot run on one ticket, it means the ballots will have to be re-printed and they will be further delays and complications".

Chief Elections Officer and Clerk of Parliament Roosevelt Gondwe believes the Supreme Court will dwell on the technical details rather than over-turn the High Court ruling.

"The ballots are already printed and I do think the court will merely look at the technical details", he said.

The electoral process has been frustrating for the voters in particular with inconsistencies in registration patterns-some centres opened only for four days, according to monitors, instead of 14. Civil society organisations have played a significant role in highlighting the anomalies in registration and in lobbying for a longer postponement period, maintaining that the Electoral Commission had no capacity to rectify anomalies within 21 days.

The National Consultative Group, a caucus of non governmental bodies, lobbied MPs last thursday to push the election date back to between 15 and 22 June. Consequently, although government's constitution amendment bill proposed a date not later than 8 June, MPs argued for the 15th-a triumph for civil society.

On the ground however, news of the postponement has generated mixed reactions. "People are going to lose interest in this election", said patrick Chipeta, a computer operator in Blantrye.

"There have been too many postponements and some people went to registration centres only to be told there was no material or they found the centres closed. I know a number of friends who have failed to register", he added.

More than 4.6 million of the 5.7 million eligible voters have been registered according to the Electoral authorities.

Godwin Banda, a taxi driver, said he had registered but finds it difficult to make a choice between the contesting parties because no issues are being discussed in any great detail.

A sample of opinion on the street reveals a general aura of indecision about the choice of parties and frustration with the changing election dates.

"People were ready to vote on May 25, now this..." moaned, Rita Ngoma, a street trader in Malawi's commercial capital Blantyre.