Govt, MEC differ on by-elections
The future of by-elections hangs in balance as the Malawi Electoral Commission (MEC) and Treasury cannot agree on funding, Nation on Sunday has learnt.
Apparently, MEC and Treasury are each waiting for the other to make the first move.
Section 63(2) (b) of the Constitution on vacancies in the National Assembly stipulates that any by-election to fill a vacancy that occurs shall be held within 60 days after the seat of the member becomes vacant.
The law adds that if, in the opinion of the Speaker, the circumstances (for holding the elections do not admit), then as expeditiously as possible the polls should be held after the expiry of the period.
However, former speaker of Parliament Sam Mpasu said if the vacancy came through the dissolution of Parliament, the 60 days might not be applicable and that it would be the responsibility of MEC to make the announcement.
MEC was expected to conduct by-elections in two constituencies—Thyolo East and Blantyre North, and in five wards.
The wards include Lisanjala in Machinga, Kandeu in Ntcheu, Lifupa in Kasungu, Mbalachanda in Mzimba and Zgeba in Karonga where elections did not take place on May 20 2014.
However, while MEC says it is discussing with relevant authorities to access the budgetary allocation so that they can develop an elections calendar for the by-elections, Treasury says it is waiting for MEC to develop an elections calendar to access the funding.
Treasury spokesperson Nations Msowoya said government has tentatively set aside K500 million for the by-elections, but it would release the money once MEC comes up with a calendar of events.
MEC spokesperson Sangwani Mwafulirwa, on the other hand, said government announced that there is an allocation for by-elections in the provisional budget.
“MEC is discussing with relevant authorities towards accessing the budgetary allocation so we can develop a calendar of activities for the by-elections,” he said.
Despite the budgetary allocation, MEC is working on its own budget for the by-elections and once finalised, it will be shared with all stakeholders, added Mwafulirwa.
“Should there be a shortfall, we will engage the stakeholders on how to make up for the shortfall,” he said.
But MEC emphasised that without funding, there will not be any by-elections.
“Funding for by-elections comes from government. If funding is not made available, the commission will not conduct the by-elections. However, all stakeholders should be assured that it is in the interest of the commission to conduct the by-elections in the two constituencies and five wards as soon as possible so that the electorate has representatives in appropriate forums,” said Mwafulirwa.
MEC has not yet finished paying off scores of electoral officials that worked for the tripartite elections, whose total budget was K18 billion.
The commission is also yet to announce the dates for the by-elections and the calendar of events.
During a recent National Electoral Committee Forum (Necof) meeting, MEC chairperson Maxon Mbendera said it was in the interest of the commission to hold the by-elections as soon as practicable so that the affected areas also have representation in the appropriate spheres of government.
