‘50+1 will lead to widely accepted results’
The Special Law Commission has found that the election of the president through the present ‘first-past-the-post’ mode has challenges regarding issues of legitimacy where the winner gets less than 50 percent of votes cast. To address the challenge the commission recommends that for a person to be declared winner in an election the person must amass at least 50+1 percent of the total votes cast. Our reporter NELLIE JOBO sought the views of DR. MUSTAPHA HUSSEIN, a political science associate professor at University of Malawi’s Chancellor College on his take on the matter. Excerpts:
What is your take on the dilemma surrounding the current electoral system?
The current [dilemma] translates to slow progress in the democratization process particularly in ensuring that individuals with absolute majority votes occupy the Office of the President. However, the hands of MEC are tied to implement the 50+1 electoral system if Parliament does not pass electoral amendments specifically Section 80 (2) of the Constitution. This section provides that the president shall be elected by ‘a majority of the electorate’ through direct and equal suffrage. Currently, Malawi follows the ‘first-past-the-post’ electoral system and what constitutes a majority is interpreted as the highest number of votes obtained by any presidential candidate compared with those scored by other presidential candidates out of the total number of votes cast. Thus, until the Constitution is amended to clearly state that the president will be elected by an absolute majority of the votes cast the status quo will remain.
Are you impressed with the pace being taken to ensure the proposed 50+1 electoral system and other electoral amendments are adopted for the 2019 Tripartite Elections?
No, with reference to the proposed 50+1 system for electing a president, the process is painfully slow. It is important to recall that this proposal was first made 11 years ago as outlined in the 2006 Draft report of the Special Law Commission on Constitutional Review. However, for other electoral amendments it must be recognised effecting electoral amendments is a process that takes time to complete starting from consultations to necessary parliamentary approvals, if there is political will towards changing the system, it is possible to adopt the proposals before the 2019 elections.
The opposition and the civil society have been pushing for the need for electoral reforms. Do you think this will be achieved before 2019 Tripartite Elections?
For the sake of advancing our democracy, the proposals by the opposition and civil society need to be taken seriously. For instance, the proposal to increase women representation is significant to address historic women exclusion and gender imbalance and creation of an environment where women can exercise their rights and equally participate in decision making positions. In other words, under-representation of women is a violation of democratic principles of equal representation, participation and fairness taking into consideration that women comprise over half the population. There are two years before 2019 and it is crucial that every effort or noise is made not only by the opposition and civil society but also those in the ruling to ensure adoption of the proposals.
In case MEC fails to implement the 50+1 electoral system for the 2019 elections, what would you propose should happen?
The primary objective of the electorate should be to ensure Malawi has a president who enjoys credibility and legitimacy among most Malawians. This can be achieved through various means. The political parties and civic educators should play their role in educating the electorate on the significance of electing a president based their policies, quality and leadership effectiveness. Malawians should be mindful of corrupt politicians, regionalism or ethic affiliation and be guided by national interests when voting. As there are many political parties, politicians should consider forming coalitions that are of mutual benefit to minimise splitting or dividing votes. However, the processes and momentum that will eventually lead to adoption of a 50+1 electoral system must be maintained.
Previously, elections have been determined by regionalism, whereby candidates from regions with more voters claim victory. Do you think the 50+1 electoral system addresses this problem?
Although the 50+1 has its demerits, for instance, costs as it may require enormous resources for the second round voting in case no presidential candidate gets outright absolute majority in the first round; the system addresses problems that include the issue of regionalism. This is because the electorate across the country and regions will be required to vote in the two-round system for a presidential candidate who may not come from their region.
The 50+1 system or the two-round system as it is commonly called enables the candidate who enjoys absolute majority to assume the office of the president; such a candidate will enjoy credibility and legitimacy as he or she will have the support of the majority. We have seen candidates with 35 percent of the total votes assuming the office on the flipside meaning 65 percent did not vote for such candidates. This has important implications on the acceptability and legitimacy of such candidates. It is important that as a nation Malawi should adopt an electoral system that will lead to widely accepted results and a leader recognised by most Malawians.
