The Malawi Law Society (MLS) has said continued delay to appoint the remaining commissioner at the Malawi Electoral Commission (MEC) is undermining the credibility of the commission’s decisions and the public’s confidence in the institution.
The society said in a statement issued yesterday it had noted with great concern MEC had been functioning, and continues to with the chairperson Justice Annabel Mtalimanja and five members rather than the prescribed six members.
MLS’ stand follows government’s rejection for the third time a candidate submitted to the Office of the President and Cabinet (OPC) by the Democratic Progressive Party (DPP) for appointment to the position.
Section 75(1) of the Constitution provides for MEC to be composed of no fewer than the chairperson and four members, and no more than the chairperson and six members but currently the commission consists of the chairperson and five members.
The society observed while the law allows MEC to continue functioning it decries the inordinate delay in filling the vacancy.
“The continued existence of the vacancy undermines both the credibility of the Commission’s decisions and the public confidence in the institution.
“It further contravenes the representative approach embodied in Sections 4(2) and 4(3) of the Act,” reads the statement co-signed by MLS chairperson and honorary secretary Davis Njobvu and Francis M’mame, respectively.
According to MLS, Section 4(2) of the Act entitles all parties that secured more than one-tenth of the national vote to representation on the commission, whereas Section 4(3) expressly requires appointments, and, by extension, the composition of the commission, to reflect the proportional representation of parties in the National Assembly.
“The society, therefore, calls upon all stakeholders involved, in particular the Democratic Progressive Party as the nominating party, and President Dr. Lazarus McCarthy Chakwera as the appointing authority, to treat this matter with the urgency and seriousness it deserves, and to ensure that the vacancy is resolved as soon as possible as the nation approaches the 16th day of September 2025,” it said.
But in his brief reaction to the society’s sentiments, MEC spokesperson Sangwani Mwafulirwa said: “MEC is not involved in appointment of commissioners. You may consider enquiring from the appointing authority.”
Both Chief Secretary to the President and Cabinet Colleen Zamba and OPC’s chief communications officer Geoff Kawanga were both not available when contacted.
Government has rejected three DPP nominations so far including Mackford Somanje, Mayamiko Nkoloma and Charles Fodya. The position fell vacant after DPP’s Francis Kasaila resigned to contest as a member of Parliament (MP) in Nsanje.
