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| National |
| Lawyers hit at polls body |
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by
Mc Donald Chapalapata, 18 June 2004
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08:54:41
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The Malawi Law Society (MLS) has said the current Electoral Commission should be dissolved because there are new parties represented in the National Assembly which should be consulted as required by the law.
MLS president Charles Mhango said in an interview that now with other parties apart from the usual UDF, MCP and Aford represented in Parliament, there is need that the new parties be consulted on the composition of Commissioners.
“The law requires that all parties represented in the National Assembly should be consulted on the appointment of members of the commission. Now that other political parties have representation in the National Assembly, they need to be consulted,” said Mhango.
Section 75(1) of the Constitution and Section 4(1) of the Electoral Commission Act stipulate procedures for the appointments of members of the commission.
But Mhango said if the political parties in the national Assembly do not have problems with the current members of the commission, then they can continue with their duties.
“But as things are now, all the parties that are represented in Parliament need to be consulted otherwise the current members of the commission cannot administer any elections even the forthcoming by elections,” said Mhango.
But the provision is silent on independent members of Parliament and other political parties that are not represented in the National Assembly.
Asked whether the independent candidates and parties that are outside Parliament have been deprived of their right to have a say on the composition of the members of the commission, MLS treasurer Alick Msowoya said it would not be practical for everyone to be consulted.
“Ideally every Malawian should be consulted but that can not be practical. That is why the law was drafted in such a way that it is reasonable and practical. Otherwise there is nothing against the independent candidates and parties outside Parliament. Actually, you may find that they might give good views on the composition of the members of the commission,” said Msowoya.
EC spokesman Fegus Lipenga said there is nothing the commission can do about the issue of dissolution because ‘that comes from the Public Appointments Committee of Parliament.’
Parliament is yet to meet to elect the Speaker and appoint members of various committees.
The current members of the commission were nominated by UDF, MCP and Aford. The new parties that have made it to Parliament are PPM, Mgode, RP, CONU and Petra.
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