MEC to use 50 plus 1 law in by-elections
Malawi Electoral Commission has deferred by-elections in Mangochi West Constituency, Mangochi North East Constituency and Phalombe North Constituency to allow time for implementation of processes which High court ordered.
Last week the court ordered that only candidates who participated in 2019 parliamentary elections will be considered eligible to contest in the elections and the voters’ register will be reset to the state it was on 21st May 2019
Chairperson of the commission Justice Dr Chifundo Kachale says new dates for receipt of nominations and the three by-elections will be set and announced in due course
Kachale says determination of a winner for both parliamentary and local government elections will be set at 50% plus 1 vote of the votes cast
“Any candidate or political party aggrieved by these decisions may appeal to High Court,” says Kachale
The MEC chair adds that the Commission has considered provisions of Parliamentary and Presidential Elections Act, Local Government Elections Act and the interpretation of the word “majority” by Constitutional and Supreme Courts
Chief Elections officer Sam Alfandika says MEC will return the fees which the ineligible candidates paid
In his remarks, associate professor Edge Kanyongolo has advised MEC to pay attention to the laws and court judgments.