Government gazettes electoral law reforms bills

Government has published in the Gazette the draft bills on electoral law reforms.

In a notice attorney general Thabo Chakaka Nyirenda informs clerk of parliament Fiona Kalemba that the bills for introduction in parliament are published for general information

This follows a public statement issued by Malawi Electoral Commission MEC on 16 September on the status of electoral law reforms.

According to MEC Director, Media and Public Relations Sangwani Mwafulirwa the bills include constitutional amendment, Electoral Commission (Amendment) as well as Presidential, Parliamentary and Local Government Elections Bills

This Bill seeks to amend the Constitution in order to—
(a) the name of Electoral Commission to Malawi Electoral Commission;
(b) prescribe the period for holding by-elections;
(c) provide for the minimum and maximum number of members of the
Electoral Commission;
(d) provide for a change in the intervals for the review, by the Electoral
Commission, of existing constituency boundaries; and
(e) provide for more clarity on the conduct of second poll in presidential
elections where majority of more than fifty percent is not obtained by any
candidate in the first poll

ELECTORAL COMMISSION (AMENDMENT) BILL, 2022
MEMORANDUM
This Bill seeks to amend the Electoral Commission Act (Cap. 2:03) in order
to provide for a minimum educational qualification for a person to be appointed
as a member of the Commission; to change the name of the Commission from
“Electoral Commission” to “Malawi Electoral Commission” and to empower
the Commission to establish and devise other means of voting, voting materials
and registration of voters’ materials

This Bill seeks to enact a new comprehensive legal framework for the
regulation of presidential, parliamentary and local government elections in
Malawi. The Bill proposes to harmonize and consolidate the Parliamentary and
Presidential Elections Act (Cap. 2:01) and the Local Government Elections Act
(Cap. 22:02) into one piece of legislation in order to improve accessibility and
consistency of the legal framework governing the conduct of elections in
Malawi. The Bill further seeks to provide detailed procedure for second poll in
a presidential election where no candidate manages to achieve majority of more
than fifty percent in the first poll.

Meanwhile, electoral stakeholders have welcomed the gazette, saying “once passed the bills will enhance credibility of the country’s elections.”

Speaking to Radio Islam, vice chairperson for Malawi Electoral Support Network MESN Bonnie Chibwana said as civil society they are optimistic that parliament will pass the laws if tabled this coming November.

Malawi will hold general elections in 2025 following the constituency and ward demarcation exercise