‘Democracy is an ongoing project’
Malawi Electoral Commission (MEC) chairperson Chifundo Kachale delivered a keynote address at the Malawi Law Society (MLS) annual general meeting (AGM) in Mangochi which dissected several issues ahead of the September 2025 Tripartite Election. Our News Analyst LUCKY MKANDAWIRE caught up with the High Court of Malawi judge. Excerpts:
What is the relevance of elections?
Every election is an opportunity for the Malawian voter to make a choice about those who will exercise Executive authority over them in a given timeframe. Although elections are not an end in themselves, they are a means to create a society where justice, equality, dignity, transparency and fairness define the parameters within which the power to determine the policy direction of a given society shall be exercised. The electoral legal system is meant to facilitate that process. But other critical democratic actors and institutions need to participate effectively if the promise of democracy and the development dividend expected by the populace is to be realised. The civic vigilance and technical versatility of such institutions are the guarantors of sustainable democracy within our jurisdiction.
Are Malawians reaping the benefits of the democratic process?
This is a call for the citizenry and professionals to recognise that democracy is a project that is ongoing. There will be gains and deficiencies, but we should not give up on it. We should be prepared to do the hard work of debating issues and improving on things that we are doing well. If certain things are not working, we need proper ways of revising them.
Are the elected politicians delivering the change they promise the electorate?
The very concept of competitive and regular elections is actually intended to provide the voter with an opportunity after a five-year cycle to take stock of the people they elected into office and consider how they have performed, their shortcomings, whether those shortcomings may be beyond their control, what the other people competing for office are offering and how effectively they can deliver. As to who to grant that mandate, it is always the choice of the voter.
As the law stands, before a party can register, it must produce a manifesto that the National Planning Commission will assess how well their agenda aligns with the Malawi 2063. As Malawians, the Malawi 2063 is our national development blueprint which we have all agreed upon. Ideally, the law is to ensure that the parties do pursue an agenda that is continuous, not one that is always disrupted by change of government. The country needs an agenda that builds upon that shared vision which Malawians have defined as the blueprint of their development plan. Societies like MLS which has professionals have a civic responsibility to ensure that debates and discussions around those issues are conducted in a constructive and positive manner. People shouldn’t make decisions just based on very primordial [ideas]. Whether it is ethnic, geographical or other considerations, people should be able to make assessments based on evidence, objective analysis of the issues and encourage that our elections and politics is, therefore, issue-based and focuses on an agenda that delivers on development dividends that people expect from a democratic discourse.
What measures have you put in place to expeditiously tackle disputes that come with elections?
In the 2019 Tripartite Election, where the presidential election was contested until May 2020 when the Supreme Court of Appeal made the final definite decision, we believe that is not a very good and effective way to resolve something so highly contested and consequential to the governance of the country. Other countries such as Zambia and Kenya have created a legal framework where petitions related to presidential elections are filed straight to the highest court in the land. They also have strict procedural rules that govern the evidence received and how promptly the judges are supposed to deliver their decisions. Those systems have worked pretty well, we believe. As MEC, we have raised that issue with relevant authorities in this case, the Malawi Judiciary, to consider adopting mechanisms and procedures that can equally help our jurisdiction ensure that such petitions are resolved with speed and competence.
What is your take on the MLS concerns about the use of the national ID as the only proof of identity for an eligible voter to register?
At first, people were complaining about the expiry of national IDs. Since we have a memorandum of understanding with the National Registration Bureau [NRB], we engaged them and their parent ministry. Within a short period, government waived the expiry dates for all the national IDs. As we stand now, the national IDs will be valid until January 2026 so that nobody is disenfranchised.
Beyond that, the NRB has indicated in our private engagement and before the parliamentary committees that they have created the capacity they require to print the identity cards in good time. MEC is planning to undertake the voter registration exercise from September this year, so we have been assured that the NRB have invested in the capacity to issue the national IDs in a timely manner.
What is the role of MLS and other stakeholders in delivering elections everyone can trust?
It’s up to the different stakeholders, including Malawi Law Society, to hold duty-bearers to account so that nobody is disenfranchised because they don’t have a national ID. Remember that this legal reform did not just come from the Electoral Commission, but various stakeholders recognised that the previous system was porous and subject to abuse where people who are not properly vetted as Malawi citizens could come with letters from anybody. If we can strengthen the capacity to produce national IDs, it will address that concern.
