Elections '99 -- SADC Region
 
Botswana Botswana
Malawi Malawi
Mozambique Mozambique
Namibia Namibia
South Africa South Africa
2 June 1999
Malawi's Election Dilemna
by Kondwani Chirambo

There is divided opinion among key stakeholders over a new date for Malawi's delayed elections with legal experts warning that the country may sink into deeper constitutional crises if no political space is allowed to remedy flaws in the registration process. 

Parliament meets in the administrative capital Lilongwe Friday to decide on a suitable date for the country's second pluralist elections amid worry by the Electoral Commission that the house might not make the two-thirds majority required to amend the constitution. There are fears that not all 170 Members present at the last sitting of parliament will turn up, defeating the whole exercise.  Elections were scheduled for 25 May, but mounting donor and oppositional pressure-and court action granted to opposition leaders, have forced the government to reconsider.

The bill to be presented before parliament, according to Law Society President Max Mbendera, says the elections should be held not later than June 8. 

However, the National Consultative Group, a caucus of civil society organisations, met today with some opposition Members of Parliament to discuss the intricate electoral position Malawi finds itself in, and suggested that the polls be held between 15 and 22 June to allow the Electoral Commission time to delve into "significant" irregularities. 

Local monitors reported today that a number of registration centres were not fully operational during the 14-day registration period, leaving a substantial section of eligible voters unable to register. Some centres, according to a report back by monitors, had only opened for not more than four days. 

The Chief Elections Officer Roosevelt Gondwe says the Electoral Commission has registered upto 4.6 million of the 5.7 million eligible voters, way above the 70 percent requirement. 

"Holding elections, sure! when? That is the question! Elections should be held between 15 and 22 June for them to sail smoothly", said the Law Society President Max Mbendera. 

"We want an electoral process that is free and fair; that engenders confidence so there are no unnecesary legal challenges after the elections. In 1994, there were no legal challenges because the process went so well", he added.  Sources say the donor community supports a delayed election to allow for remedial measures in the registration process and particularly agree that 22 June would be more realistic. 

"This is a constitutional crisis", Mbendera said in an interview "the whole registration ssystem is new and because they had eaten into the 21 days between registration and election, provided by law to verify the registers,  a constitutional right has been abridged. I do not think it was deliberate on the part of the government". 

The National Consultative Group convened the meeting at Ryall Hotel Thursday morning to sensitise and lobby MPs and political leaders of the problems facing the nation and implore them to press for a realisitic time-table for elections  ahead of friday's crucial parliamentary session.  Only a handful of MPs from the two leading opposition parties Malawi Congress Party(MCP) and Alliance For Democracy(AFORD) attended the meeting but ruling United Democratic Party(UDF) members were notably absent.  The Law Society is confident that the MPs will attend the friday session in full and arrive at a reasonable conclusion but does not discount fears of a fiasco.

President Bakili Muluzi recalled parliament earlier this week after the High Court restrained the Electoral Commission from proceeding with the polls because the extended voter registration exercise had over-lapped into the verification stage. Malawian law allows for a 21-day gap between close of voter registration and elections. Registration, extended twice before, closed on 14 May.  Parliament was dissolved on 20 March this year as by law required and the 170 members who sat in the last session are expected to attend tomorrow's debate. 

The Electoral Commission is worried that nearly half of the 170 members of parliament may lack the enthusiasm to participate because they have since lost primaries in their own parties and if that happens, the process would be jeopardised.  Agrees Law Society President Mbendera:"if parliament fails, we will be in a guagmire!". (SARDC)

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