MEC should get serious, Mchinji by-elections should not have been postponed


The Malawi Electoral Commission (MEC) has announced another postponement of the Mchinji by-election to fill the vacancy of Member of Parliament due to failure by the Government through the Ministry of Finance to provide funding for the poll.

When I heard this announcement it immediately came to my mind that the Constitution of the Republic of Malawi clearly provides for by-election to fill a vacancy of Member of Parliament. Section 63(2)(b) provides that: Any by-election to fill a vacancy that occurs shall be held within sixty days after the seat of the member becomes vacant or, if in the opinion of the Speaker the circumstances do not so admit, then as expeditiously as possible after the expiry of that period.

By elections got postponed.

There is no doubt that the Speaker gazetted the vacancy of the Member of Parliament in Mchinji which enabled the Electoral Commission to begin to take appropriate action to fill the vacancy.

Furthermore, the announcement by the Electoral Commission does not mention the Speaker as having taken the decision.

As the above Section clearly shows, it does not allow the Commission or Government through the Ministry of Finance to postpone a by-election to fill a vacancy of a Member of Parliament.

The Constitution being the supreme law of Malawi binds everyone including Government and its organs. Furthermore, statutes such as the Public Finance Management Act cannot override the Constitution. In the absence of another constitutional provision that overrides the above constitutional provision then the Ministry of Finance is violating the constitution by failing to fund the Electoral Commission to hold the Mchinji by-election.

This should be of great concern to all Malawians when government through the Ministry of Finance violates the Constitution as in this case. I urge the Ministry of Finance to comply with the Constitution in this matter.

That is why the postponement of the Mchinji by-election is disturbing as it appears to be a violation of a constitutional provision.

10 thoughts on “MEC should get serious, Mchinji by-elections should not have been postponed

  1. man nkhani ndi ya chisankho ku mchinji osati zinazo ayi,chabwino ngakhare APM atasiya udindo chingachitike nchiyani? malamuro amati chiyani? muzilemba mofanana ndinkhani momwe ilili ok

  2. man nkhani ndi ya chisankho ku mchinji osati zinazo ayi,chabwino ngakhare APM atasiya udindo chingachitike nchiyani? malamuro amati chiyani? muzilemba mofanana ndinkhani momwe ilili ok

  3. By_election yachani?Mesa kuli makhansala kumeneko ingodikira genera election bax,ndalazo zitumikire madera ena ofunika ngati kuchpatala,miseu ndi zina zotero.

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  5. Posted in: Corruption. 4 Comments

    We as Malawians, we ask President Peter Mutharika to send on force leave the seven cashgate concerned cabinet ministers. Recently Malawi Electoral Commission has suspended its top bosses to pave way for justice and this must apply to civil service and cabinet ministers or else Mutharika must resign as well.

    On 29th August 2016, George Chaponda minister of Agriculture and Irrigation was chased and stoned in Mulanje by angry citizens. People started Stoning him and the function was disrupted and Chaponda had to run into his vehicle to save his dear life. People of Mulanje have rejected their own son in his homeland as they consider him to be a betrayer and a cashgate thief. Let us learn hold hands and learn from our brothers and sisters in Mulanje for unity and say ENOUGH IS ENOUGH.

    These people are political thugs, they are politically corrupt to finish every little resource Malawi ever had.

    Political corruption is the use of powers by government officials for illegitimate private gain. This corruption include bribery, extortion, nepotism, influence of murder, robbery of public funds etc. This government of DPP facilitate criminal enterprise such as drug trafficking, money laundering, and misuse of government power for other purposes, such as repression of political opponents and general police brutality.

    Above all DPP and Mutharika are influencing bad politics, threat to elections process e.g (Mchinji elections undermined), bribing MPs to pass bills, bribing Judges and authorities in defending them over corruption (Cashgate), favouring them e,g(20 May 2014 Elections), diverting funds for food, health, development and delaying salaries for civil servants.

    In politics, corruption undermines democracy and good governance . Corruption in elections and in the legislature reduces accountability and distorts representation in policy making; corruption in the judiciary compromises the rule of law; and corruption in public administration results in the inefficient provision of services

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