DPP in court over MEC CEO appointment

Opposition Democratic Progressive Party (DPP) has gone to court to challenge the appointment of Andrew Mpesi as Malawi Electoral Commission (MEC) chief elections officer.

In early August, MEC appointed Mpesi as its CEO, a decision the opposition DPP and other individuals protested on the basis that he is a Malawi Congress Party (MCP) sympathiser.

DPP director of legal affairs Charles Mhango confirmed in an interview yesterday that his party was contesting the appointment of Mpesi and their lawyer Felix Tambulasi has already filed the matter in the High Court.

“We decided to go to court to challenge this decision after our efforts to engage MEC chairperson [Justice Chifundo Kachale] yielded no fruits,” he said.

MEC spokesperson Sangwani Mwafulirwa in an interview yesterday defended the appointment of Mpesi, saying the commission retains confidence in its choice of a CEO.

“His appointment followed rigorous process culminating in interviews whereby he came out as a best candidate. The panel comprised all commissioners and they were meticulous in the approach,” he said.

MEC has seven commissioners, including the chairperson. MCP and DPP have three each.

Mwafulirwa said Mpesi would lead the secretariat to achieve its vision and mission and deliver credible elections. He said the commission believes Mpesi would execute his duties in an impartial manner to the satisfaction of all stakeholders.

Mhango, in a separate statement issued Friday, said his party was dismayed at and disapproves MEC’s decision because he has allegedly at all material times been a cadre of MCP, the lead partner in the Tonse administration.

DPP alleges in the statement that Mpesi is a fervent supporter of President Lazarus Chakwera, having previously served him as his personal assistant.

The party adds that Mpesi once said on social media that he was going to vote and make Chakwera President of Malawi.

“This demonstrates what Mr. Andrew Mpesi stands for, and when an opportunity arises for him like the one which has arisen for him as MEC chief elections officer, he will unashamedly use this opportunity to fight for the interests of Dr. Lazarus Chakwera and the MCP,” reads the DPP statement.

Earlier, the party wrote the MEC chairperson to immediately withdraw Mpesi appointment.

“We wish to put it on record that should the commission ignore this matter and stand by the appointment of Mr. Andrew Mpesi, the DPP, as a major stakeholder in elections in Malawi, will take the commission to be complicit to the rigging plans in favour of the MCP in the 2025 Tripartite Elections,” reads the letter in part.

But Justice Kachale, in his response to the DPP in a letter dated August 31 2022, said MEC met and deliberated on the concerns the party raised, and advised the party that it was legally impossible to agree to the demand for immediate rescission of the appointment.

He stated that the commission conducted the entire recruitment process in due compliance with the relevant legal stipulations of transparency and competitiveness.

“In that regard, it is worth emphasising that the chief elections officer is the chief executive officer of the commission; legally and practically, therefore, the CEO serves under general and specific directions and supervision of the commission and, therefore, cannot and does not set agendas of the institution,” Kachale writes.

Mpesi is a governance specialist with about 18 years of experience, 10 of which have been in senior management positions.

Before his appointment, he worked for the United States Agency for International Development Malawi office as a governance specialist responsible for elections and parliamentary portfolio.

He holds a master of arts degree in political science, a bachelor of arts degree in public administration and a postgraduate diploma in health systems management.