MEC clarifies on handouts

Malawi Electoral Commission chairperson Chifundo Kachale says the issue of compliance to the ban on handouts during election campaign requires complainants to provide evidence to enable duty-bearers act accordingly.

His clarification comes against a background of calls for the electoral body and government to seriously look into concerns of handouts, a vice could stir violence and voter apathy during the 2025 General Elections.

The calls follow concerns of some political parties that attended a review of the three Karonga local government by-elections last week Wednesday in Mzuzu that handouts could create an unfair playing field for contestants.

Parliament passed the Political Parties Bill in November 2017 but was gazetted on January 24 2018. The law, among other things, demands political parties to disclose sources of their funds and prohibits them from giving out handouts to lure voters.

In an interview yesterday, Kachale, a judge of the High Court of Malawi, said handouts were a law enforcement issue. He acknowledged that the issue keeps resurfacing during elections since the law was enacted and said MEC was engaging law enforcement agencies.

But he asked stakeholders to offer suggestions that could help in addressing the vice.

Said Kachale: “The frustration out there is that MEC has the names, but it is not acting. Those that have the evidence should present it forth. Hearsay cannot be evidence. MEC needs support, we cannot address this alone. And how do we assist on the issue of monitors bought at the last minute?”

During the by-elections in Karonga, Alliance for Democracy district chairperson Mackenzie Malemia said handouts were common and accused MEC of failing to address the issue.

He said: “It is fine to give people transport refunds. But rallies were held recklessly with the intention of distributing handouts. There was no level playing field and we saw the ruling party using government vehicles.”

National Police spokesperson Peter Kalaya in an interview yesterday said they are ready to enforce laws whenever a complaint  is registered in the run up to the 2025 General Elections.

He said they will investigate cases and where need be, make arrests and take people to court.

“We are in constant contact with MEC and all stakeholders on handouts to ensure prevention. The police also expect players in the elections to respect the law,” said Kalaya.

According to the Political Parties Act, the Registrar of Political Parties is supposed to enforce the law. However, the office has been without a substantive office-bearer since 2018.

Registrar General Chikumbutso Namelo, who is doubling as Registrar of Political Parties, yesterday said government was finalising the recruitment of the Registrar of Political Parties.

He said: “Government has established that office as an independent office in line with the Act. It will soon appoint a registrar to ensure full implementation of the Act and address vices associated with violation of the law including handouts. That is all I can say.”

But Centre for Human Rights and Rehabilitation (CHRR) and Youth and Society (YAS) have expressed disappointment with the current state of the law.

The two CSOs fear the situation could undermine the integrity of the 2025 General Elections if not addressed.

In a statement last week, CHRR executive director Michael Kaiyatsa, said: “Clearly, those charged with the responsibility to enforce the law are sleeping on the job, which is quite unfortunate considering that 2025 is fast approaching.”

He further said the reason why the Political Parties Act bans handouts is to level the political playing field.

YAS executive director Charles Kajoloweka said the Political Parties Act has been deliberately rendered ineffective by authorities.

“In the absence of an enabling enforcement mechanism of the Act, our elections will continue to be decided by the banknote rather than the ballot,” said Kajoloweka.

Section 41 (1) of the Political Parties Act provides that a candidate, political party or body or any person contesting or intending to contest in an election under this Act, shall not at any time issue a handout.

The Act further states that parties or person contravening the law will be liable to a fine of K10 million or K5 million or in default serve a five-year jail term.

In July and September 2021, Malawi Law Society (MLS) asked the Registrar General for a list of political party financiers amid fears that parties were captured by businesspersons who look to benefit once the parties are in power. But the registrar did not provide the information, prompting MLS to apply to the High Court for a judicial review of the decision.

 The High Court on May 19 2022 granted the MLS permission to apply for the judicial review.