MEC rebuffs MCP on re-run
The Malawi Electoral Commission (MEC) has dismissed the Malawi Congress Party (MCP) demand for a re-run in Lilongwe City South East constituency, insisting it will hold a by-election on June 6.
MEC said it had full understanding of the Malawi Supreme Court of Appeal judgement that ordered the re-run of the May 20 2014 parliamentary race in the area and the law that was used to litigate over the matter; hence, its resolution to hold a by-election.
MEC spokesperson Sangwani Mwafulirwa said yesterday the electoral body’s decision for a fresh poll was based on Section 100 (4) of the Parliamentary and Presidential Elections (PPE) Act which calls for such in a situation where the court nullifies an election.
In part, the section in question reads: “Pursuant to an order of the High Court… declaring that the member of the National Assembly or the President… was not duly elected, a fresh election for the seat… shall be held in accordance with this Act.”
Last week, MCP protested against the commission’s decision to conduct a by-election and not a re-run.
The Supreme Court of Appeal on March 6 this year ordered MEC to conduct a re-run of the disputed parliamentary election after MCP candidate Ulemu Msungama challenged the results which had favoured Democratic Progressive Party (DPP) aspirant Bentry Namasasu.
Mwafulirwa further said the court’s judgement gave the electoral body mandate to decide on how to conduct the re-run.
Reacting to MEC’s insistence yesterday, Mkaka said it would be unfortunate if the electoral body proceeded with its decision because a re-run and a by-election were “diametrically different” and holding a by-election would send a wrong precedent.
MEC Does not have any common sense and the reporters who are writing this story are not asking the right questions to MEC.
What would have happened if the rigged 2014 general elections were nullified by the courts? Would MEC have run a by election or a rerun?
What is the point of allowing political parties to challenge general election results if there is no provision in the constitution for a rerun??
I fully support MCP on this issue, and I suspect that MEC has a hidden agenda on this…….we have another general election in 2019 let us sort out this issue once and for all. If the constitution needs to be updated so be it….