Voting rights at risk: Civil Society demands urgent legal fix before 2025 polls

A coalition of Malawi’s foremost civil society organisations has sounded the alarm over a controversial electoral law provision that could bar tens of thousands of eligible voters from casting their ballots in the 2025 General Elections. 

Led by the Civil Society Elections Integrity Forum (CSEIF) and the National Advocacy Platform (NAP), the group is urgently demanding a special session of Parliament to rectify what they term a “critical legal omission” threatening the integrity of the democratic process.

At the heart of the dispute is Section 74 of the Presidential, Parliamentary and Local Government Elections Act (PPLGEA), No. 10 of 2023. This clause restricts voters to casting their ballots only at the polling station where they originally registered or were officially transferred. 

Civil society leaders argue that this rigid limitation effectively locks out a significant segment of the electorate who, due to professional duties, cannot return to their registration centres on election day.

The controversy deepens with the repeal of Section 75(2), which had previously allowed special authorisation for individuals to vote outside their designated polling centres. 

Its removal leaves no legal room for critical electoral actors such as police officers on duty, electoral staff, accredited observers, and journalists to vote.

CSEIF warns that this gap in legislation could lead to the disenfranchisement of up to 50,000 eligible voters.

“This is not just a procedural issue; it’s a constitutional one,” said CSEIF Chairperson Benedicto Kondowe. He cited Section 40 of the Constitution of Malawi, which guarantees the right of every citizen to participate in political life, including voting. “To deny this right to individuals actively serving the electoral process undermines the very foundation of our democracy.”

The coalition is now appealing to President Lazarus Chakwera to invoke Section 59(1)(a) of the Constitution and consult with the Speaker of the National Assembly to convene an emergency parliamentary session. The aim is to reinstate provisions allowing for special voting arrangements, especially for those whose roles are essential to conducting credible elections.

The statement from the civil society groups carries a sense of urgency. It warns that without immediate legislative intervention, the legitimacy of the 2025 elections could be compromised. “Parliament must act swiftly to prevent the disenfranchisement of those who uphold our electoral integrity,” it reads, emphasising the potential erosion of public trust if the issue remains unresolved.

Framing the situation as a test of Malawi’s democratic commitment, the coalition concluded with a powerful reminder: “Elections are the cornerstone of democracy. It is unthinkable that those responsible for securing and safeguarding the process should be denied the very right they protect. The time to act is now.”