MCP protests by-elections, demands re-run
Malawi Congress Party (MCP) has protested the Malawi Electoral Commission (MEC) decision to conduct a by-election in Lilongwe City South East Constituency instead of a re-run as ordered by the Malawi Supreme Court of Appeal.
In a letter dated April 5 addressed to MEC chief elections officer whose copy The Nation has seen, MCP argues that it is not proper for the electoral body to change the court ruling because the decision by the court for a re-run came after MCP’s Ulemu Msungama challenged the results of the May 20 2014 parliamentary race in the area. The party argues that the other contestants did not protest the results.
celebrations for the court victory
In the letter signed by MCP deputy secretary general Eisenhower Mkaka, the party said it finds it strange for MEC to act in the manner it has. He said his party fears a wrong precedent is being set if court decisions can be interpreted and changed anyhow.
Mkaka said the party was waiting to hear from the electoral body or it will seek an interpretation from the court.
But Malawi Electoral Support Network (Mesn) executive director Steve Duwa, in an interview yesterday, said MCP was merely dragging the issue.
He said it was good for the party to just support what was discussed during the National Elections Consultative Forum (Necof)—a forum for electoral stakeholders, including political parties and civil society organisations—to hold by-elections as the country does not have laws regarding re-runs.
On Tuesday, MEC set June 6 2017 for the by-elections in Lilongwe City South East Constituency instead of a re-run.
MEC chairperson Jane Ansah announced the development during the first Necof meeting where she said MEC concluded that it should hold a by-election and open the race to all interested parties after carefully studying the judgement of the Supreme Court.
“The commission respects the ruling of the Supreme Court and indeed any other court on the land. Since the passing of the judgement, the commission met to study it and plan how to conduct the re-run. That is why we have decided to conduct a by-election,” said Ansah, herself a judge of the Malawi Supreme Court of Appeal.
By running a by-election, it means the constituency will have to follow the normal elections procedure where voters will be registered and aspirants will have to submit nomination papers.
The Supreme Court on March 6 ordered MEC to conduct a re-run of the disputed parliamentary election after the electoral body’s decision to declare Democratic Progressive Party (DPP) candidate Bentry Namasasu winner of the May 20 2014 contest with 10 956 votes was challenged by MCP candidate Ulemu Msungama who got 10 854.
