There are fears that prisoners set to be released prior to the voting date and students still in school could be disenfranchised as they are not involved in the just ended voter transfer process.
Centre for Human Rights Education Advice and Assistance (Chreaa) executive director Victor Mhango has since written Malawi Electoral Commission (MEC) chairperson Annabel Mtalimanja to exempt prisoners as well as students from the transfer process but allow them to vote upon their release.
In a letter dated March 5 2025, Mhango has also asked MEC to establish a special arrangement where prisoners and students can indicate their preferred voting location without requiring their physical presence in the district of transfer.
Mhango has further asked MEC to engage stakeholders such as prison authorities and educational institutions to facilitate a seamless process that ensures no eligible voter is left behind.
Reads part of the letter: “Prisoners who are currently in custody are unable to visit their future voting districts to request a transfer. There are some of them who will only be released after the transfer period has ended, leaving them without the opportunity to transfer and, ultimately without the ability to vote.
“This means that despite having registered, they will be excluded from the electoral process simply because they were unable to meet a procedural requirement that they had no means of fulfilling. Similarly, students who registered at their schools may find themselves in a different district during the election period, particularly at their homes”.
MEC is currently conducting a voter transfer process to register voters in registration centres in the areas where they have moved to or are anticipating moving to, by virtue of residence, employment or business.
The first phase of the transfer process was conducted between February 25 2025 and February 27 2025 while the second phase started from March 5 2025 and ends today.
The third phase will begin from March 13 2025 to March 17 2025.
But Mhango, in the letter, has said MEC as an institution tasked with safeguarding democracy, has a duty to ensure that no citizen is denied their right to vote due to bureaucratic limitations.
According to Mhango, given that a majority of students fall within the voting age and they registered to vote, the current scenario risks excluding most of them from participating in the electoral process.
Mhango has argued that by making the necessary adjustments as proposed in the letter, MEC will not only uphold constitutional rights of both prisoners and students, but also reinforce public confidence in the electoral process.
“The right to vote is a cornerstone of democracy, and any administrative process that results in the exclusion of eligible voters must be addressed with urgency.
“By denying them the opportunity to participate in this crucial election, we are not only suppressing their voices, but also excluding them from decisions that will shape their futures and the future of this country,” he said.
Mhango has further argued that by not considering some adjustments to ensure every voter casts their vote, it will translate to a violation of their constitutional rights and democratic principles that uphold inclusive participation and fairness in the electoral process.
MEC director of media and public relations Sangwani Mwafulirwa yesterday briefly said: “We got it [the letter] and we will respond accordingly to them”.
