Lilongwe, MALAWI
Parliament Monday passed the Parliamentary and Presidential
Elections Act (PPEA) Amendment Bill that effectively set May 19 2020 as the
date for a fresh presidential election as ordered by the Constitutional Court
on February 3.
Further
to the amendment, driven by the verdict of a five-judge panel of the High Court
of Malawi sitting as the Constitutional Court that nullified the May 2019
presidential election over irregularities, the term of office for members of
Parliament (MPs) and ward councillors elected during the May 21 2019 Tripartite
Elections has been extended from five to six years to ensure the concurrent
holding of the two elections alongside the presidential election on May 21
2025.
The new PPEA
(Amendment) Bill has also made a provision for a run-off or rerun within 30
days after the election in the case that no presidential candidate attains the
50 percent-plus-one vote in the first round of the vote. The run-off would be
between the candidates with the highest and second highest number of votes.
The
developments followed the tabling of amendments to two Electoral Reforms Bills
on Monday by Lilongwe City South West MP Nancy Tembo (independent) as Private
Members’ Bill (PMB) Number 5 of 2020 and PMB Number 4 of 2020 tabled by Nkhata
Bay West legislator Chrispine Mphande (UTM Party).
Ironically, Parliament had on Thursday shot
down the same provisions meant to facilitate the holding of fresh presidential
election and setting dates for the same when they were presented as
Constitutional Amendment Bill. The Bill by Chitipa East legislator Kezzie
Msukwa (Malawi Congress Party-MCP) failed to garner the required two thirds
majority vote for constitutional amendments.
The
Constitutional Amendment Bill proposed to insert a new Section 80A.
When
the House reconvened from a weekend recess yesterday, the proposed changes were
moved to the PPEA and Electoral Commission Act (Amendment) Bill.
In
an interview after the Bills sailed through, Tembo said she was happy that
Parliament had finally set the dates for the elections and hoped the President
will sign the Bills into law.
She
said: “These Bills make further provision for the holding of the fresh
presidential poll as directed by the court to be held on Tuesday in the third
week of May 2020, that is, on 19th May this year.
“As
a consequence, and in order to maintain the country’s five-year electoral cycle
as provided under the Constitution, the Bill provides that the next general
election, as prescribed under Section 67 (1) of the Constitution, shall be held
on Tuesday in the third week of May 2025.”
In
his reaction, Minister of Justice and Constitutional Affairs Bright Msaka
welcomed the amendment and passing of the Bills, saying the legislators have
protected the Constitution.
“This
is not a constitutional amendment. That is what people should know. We have
amended the Bills and that is a welcome development,” he said in an interview.
Before
the House started tackling the amendments which Speaker of Parliament Catherine
Gotani Hara said were brought on the floor following a decision by the Business
Committee—a committee comprising leaders of respective parties that sets
business to be tackled—Leader of the House Kondwani Nankhumwa said the
government side was not represented in the said meeting.
He
said: “We on the government side did not attend the Business Committee. I got
notification today at 8am while I was in Mulanje.”
But
Hara said Nankhumwa could have delegated representation, saying: “The Business
Committee knew that the motions to be presented were important because of the
court order whose 21 days deadline is today [Monday]. There were prior
arrangements and you needed to delegate if you knew you were not going to be
present, our own Standing Order 161(1) explains.”
Besides
amending the Bills, the power of the President to appoint members of the Malawi
Electoral Commission (MEC) will be exercised on the recommendation of the
Public Appointments Committee of Parliament.
The
five-judge panel comprising Healey Potani, Mike Tembo, Ivy Kamanga, Redson
Kapindu and Dingiswayo Madise, which unanimously upheld the petition to nullify
the election, also tasked Parliament to facilitate the reconstruction of MEC
which the court found to have been “grossly incompetent”.
Commenting
on Parliament’s decision, Garton Kamchedzera, professor of law at Chancellor
College—a constituent college of the University of Malawi, said now the onus is
on the President to do his part.
“It
now rests on the President to assent to the Bills,” he said.
The
Constitutional Court directed the House to pass Electoral Reforms Bills
following the nullification of the May 21 2019 presidential elections in
preparation of a fresh election in 150 days from the day of the ruling. - Africa
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