Civil society organisations (CSOs) have urged political leaders and parties to avoid claiming victory in the September 16 General Election before Malawi Electoral Commission (MEC) declares official results.
The CSOs include Public Affairs Committee (PAC) , Civil Society Elections Integrity Forum (Cseif) and Nyika Institute.
Addressing journalists in Lilongwe yesterday, Cseif chairperson Benedicto Kondowe said reckless victory declarations can betray the very voters they seek to serve.
He called on political parties to pursue any grievances through legally defined mechanisms.
Said Kondowe: “Legitimate concession, when warranted by due process, must be unequivocal, gracious and generous in honouring the people’s will.
“Such leadership preserves unity and affirms the dignity of our democracy. Only by respecting due process can we guarantee that the final results reflect the genuine choice of the Malawian people.”
Cseif has also asked MEC to ensure transparency and accountability in the electoral process, saying any lapse or lack of clarity risks eroding public trust.
Said Kondowe: “MEC must rise to the occasion by providing timely, clear, and consistent updates, addressing every complaint before it decisively and ensuring that all anomalies are investigated thoroughly and resolved openly.”
In a separate statement, Nyika Institute executive director Moses Mkandawire said timely communication from MEC in results remains critical to sustaining public confidence in the electoral process and consolidating Malawi’s democratic credentials.
He said: “Elections are a cornerstone of democracy, reflecting the collective will of the people. Delays in publishing official results may generate speculation, tension, and mistrust, which could compromise peace and stability.
“We, therefore, encourage MEC to uphold the highest standards of efficiency and professionalism in communicating progress. Clear and open updates, preferably during the day, would further reduce anxiety, curb misinformation, and strengthen public trust.”
On his part, PAC spokesperson Gilford Matonga noted that the legislative gap the country is witnessing is a serious one.
He said stakeholders should deliberate if the legal path would be appropriate to deal with the matter.
Matonga said, as PAC, they believe that candidates should base their conduct on existing principles and codes of conduct rather than always waiting for the law to “bite” them.
He said: “Elections are a cycle. Let us continue to look at the existing gaps. This is not the first time we are witnessing this. We had Gwanda Chakuamba before, declaring himself winner of the 1999 elections.
“It is up to MEC to challenge the parties legally and hold them to task. We are engaging the parties in some form of political mediation for them to desist from these pronouncements.”
But Centre for Multiparty Democracy executive director Boniface Chibwana differed, saying there is no need to outlaw the malpractice and suggested that what is needed is political maturity and respect for existing laws.
Meanwhile, Malawi Law Society honorary secretary Francis M’mame said in a written response yesterday that the absence of a specific offence for a premature declaration likely stems from the legal principle that the official announcement by MEC is the only result with legal force.
“A candidate’s declaration is considered a political statement without legal effect. The law focuses on criminalising actions that threaten the State’s security and constitutional order rather than penalising political rhetoric, however irresponsible it may be,” he said.
On the other hand, Catholic University of Malawi dean of law James Kaphale argued that while there is no legal recourse against early declaration of victory, it remains an ethical issue.
He suggested that after the 2025 elections, this could be one of the areas of recommendation for law review to include criminalisation of the malpractice.
“There is indeed a lacuna in the law as premature declarations need to be criminalised and have hefty penalties or long sentences to put the malpractice to an end,” said Kaphale.
On Sunday, MEC chairperson Annabel Mtalimanja warned politicians against making premature declarations of victory, saying such conduct can erode public trust amid tallying of presidential election results.
Under Section 98 of the Presidential, Parliamentary and Local Government Elections Act, MEC is lawfully accorded up to eight days, 14 days, and 21 days to publish national results for the presidential, parliamentary and local government elections, respectively.
