President Lazarus Chakwera’s decision to assent to the Presidential, Parliamentary and Local Government Elections Act amendment has drawn mixed reactions, with some stakeholders faulting the president for failing to protect rights of voters not covered under the law.
However, others have commended the decision to approve the amendment.
The amendment allows polling staff, security personnel deployed by Malawi Electoral Commission (MEC), representatives of candidates and representatives of political parties to vote in centres where they will deployed, while all other voters have to stick to centres where they registered.
In an interview, Malawi Human Rights Commission (MHRC) chairperson Chikondi Chijozi-Jere expressed disappointment over the President’s decision to approve the amended law, saying he has enabled the disenfranchising of voters.
She said after MHRC wrote the President on August 21 to send the Bill back to Parkliament, there was adequate time to reconvene Parliament for the second time to address the identified gaps in the law.
Said Chijozi-Jere: “Every eligible voter has the right to vote, and and the current law doesn’t protect that right which is provided for in the Malawi Constitution.
“It is quite disappointing that the president proceeded to assent to the bill, not having regard to fact that alot of other voters will be disfranchised by
the new law.”
Ironically, the Civil Society Election Integrity Forum (Cseif), which had earlier called for the need to broaden the categories of people who would be allowed to vote away from the centres where they registered, has commended Chakwera for assenting to the amended law.
In an interview, Cseif chairperson Benedicto Kondowe said by assenting, the President has safeguarded the rights of people that are covered under the law to vote where they will be deployed.
He said delays in assenting would have threatened their right to vote.
“With these critical categories now expressly secured under the amendment, they can fully exercise their constitutional right to vote while performing their official electoral duties,” said Kondowe
Prior to the amendment, Cseif petitioned the President to protect rights of other groups not covered by the amendment. CSEIF indicated that anyone with a valid reason should be allowed to vote elsewhere, to protect their right to vote.
On his part, Centre for Human Rights Education, Advice and Assistance executive director Victor Chagunyuka Mhango, who has been fighting for right to vote of inmates and those released from prison after registering, blamed Parliament for not including other groups in the amendment.
He said the President cannot be faulted as there was limited time to send back the bill to Parliament, adding there will be need to review the law after the elections.
“Apart from the issue of voting, there is also the issue of access to information on issue of elections. We want candidates to be allowed to campaign in prisons so that prisoners make choices based on the campaign,” said Mhango.
