MLS demands action on MCP handouts

 Malawi Law Society (MLS) has asked the Registrar of Political Parties to take action against candidates giving cash handouts ahead of Malawi Congress Party (MCP) national executive committee (NEC) elective convention scheduled for August.

The society’s reaction comes in the wake of reports indicating that Cabinet ministers Simplex Chithyola Banda and Ken Zikhale Ng’oma have been splashing millions of kwacha to delegates to canvass for support.

In a written response to The Nation questionnaire, MLS president Patrick Mpaka said Section Two (2) and 41 as read with Section 44 of the Political Parties Act criminalises handouts by any candidate or any political party contesting or intending to contest in an election under the law.

He has since urged the Registrar for Political Parties to take an “expansive and purposive” understanding of the Act as it relates to constitutional values of democracy.

Said Mpaka: “Otherwise that office and the law it administers will be of no use and will be bypassed by cunning politicians or it will end up protecting those that it is supposed to hold accountable on behalf of the people of Malawi”.

When asked on Monday on what the office was doing in the face of political party candidates’ handouts, Registrar of Political Parties Kizito Tenthani stated that the Political Parties Act defines candidates as a person nominated to contest in presidential, parliamentary and local government elections.

But Mpaka said the registrar, being the first one in this office, should be interested in exploiting the law and collaborate with other entities such as the Anti-Corruption Bureau to ensure compliance at all levels and allow for political competition which thrives on merit and on issues.

He said: “Section 12(1) of the Constitution promotes transparency and accountability by saying that all political authority derives from the people of Malawi and Section 40 of the Constitution allows all to participate in the activities of political parties.

“The Registrar of Political Parties must be guided by the ultimate intention of these public officers when handing out these monies at their party level and decide whether the office ought not to be interested in.”

Mpaka said on the whole, one cannot say handouts are allowed inside the shell of a political party, but not outside, by the political party which serves as host for the insiders as all politicians end up in the same political forum designed to serve the people.

University of Cape Town law professor Danwood Chirwa concurred with MLS, saying the Political Parties Act is equally applicable to internal party politics.

In an interview on Wednesday he said as a regulator, the registrar must be promoting compliance with the law and ensuring that the law is enforced.

Said Chirwa: “The Registrar of Political Parties has no business offering defences for those that are violating the law openly and with impunity.”

He said the other concern relates to the source of the money and called on other government agencies such as the Malawi Revenue Authority and Financial Intelligence Authority to take interest in the source of funding.

“Malawi has a long standing record of looting by members of ruling parties who use the proceeds for electioneering and enriching themselves. The events that occurred are part of that unconscionable practice,” said Chirwa.

Last Wednesday, Zikhale Ng’oma and Chithyola Banda gave out K76.5 million to North- South Region delegates in Mzuzu while on July 5, Chithyola Banda dished out K52.5 million or K500 000 to each of the 105 delegates he met at Demera Hotel in Lilongwe.

In addition, delegates also received a cap, t-shirt and party cloth.

In an interview on Wednesday, Chithyola Banda accused this journalist of targeting him, claiming that other Cabinet ministers vying for posts at the MCP convention were also handing out money.

He said: “Other Cabinet ministers are giving out more than me. Have you asked [Richard] Chimwendo Banda about the same thing? Don’t you know he is giving out money?”

When The Nation reached out to Chimwendo Banda, who is Minister of Local Government and Rural Development, he said: “I am not aware of any candidate splashing money and I have no further comment.”

Asked for the party’s response to the MLS position, MCP publicist Ezekiel Ching’oma said the MCP is well-versed in the law and does not support using money or favours to attract votes.

He said: “The Act includes a comprehensive schedule that clearly defines what constitutes a gift or favour, specifically excluding transportation and meal expenses.

“Reimbursing expenses is appropriate only to delegates who have travelled significant distances, for example, travelling from Nkhotakota to Mchinji. Not reimbursing these delegates would place a financial strain on them, leading to questions about their welfare.”

ACB acting director general Hilary Chilomba had not responded to our questionnaire on what he makes of the handouts.

Section 41 of the 2018 Political Parties Act prohibits any candidate, political party or person contesting in an election from issuing handouts.

The provision states that the offender, upon conviction is “liable to a fine of K10 000 000 and to imprisonment for five years.

We shared with Tenthani the MLS position for his response, but he had not responded by press time at 9pm on Wednesday.