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| National |
| Bingu blamed for electoral commission mess |
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by
Bright Sonani, 07 October 2004
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08:59:02
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A legal expert has said the mandate to change the composition of the Malawi Electoral Commission (Mec), which is currently under dispute, lies with President Bingu wa Mutharika who is responsible for the appointment of the commissioners.
Mec this week released a calendar for its forthcoming by-elections, but the announcement has triggered an uproar from opposition parties, with some arguing that the current chair Judge James Kalaile has no mandate to run elections. Other parties want the composition of the commission to accommodate all the parties represented in the National Assembly.
The parties have threatened to take Mec to court if it goes ahead organising the by-elections in eight constituencies, scheduled for January 11, next year .
Law lecturer at University of Malawi’s Chancellor College Edge Kanyongolo said Wednesday the onus to change the commission is on the President.
“We do not need to amend the laws to accommodate the other parties which are in Parliament now. The President was supposed to appoint new commissioners soon after the elections to accommodate the new parties,” he said.
Kanyongolo said the electoral commission with its current composition has no mandate to hold any election since the laws are clear that the commissioners shall be drawn from all the political parties represented in Parliament.
“These parties which are complaining should take legal action. They should go to the law and not wait for the law to come to them. If they do not act nothing will happen,” he said.
Movement for Genuine Democratic Change (Mgode) general secretary Greene Mwamondwe said his party was already contemplating of taking legal action only that it has no finances to hire lawyers to help.
“We want to seek audience with some lawyers who can assist us in this matter. But we are not boycotting the elections because in Africa boycotts do not work and again we do not want to reduce the temperature which the Bingu administration has raised,” said Mwamondwe.
MCP second vice president Nicholas Dausi said what his party wants Kalaile out of Mec and the whole body disbanded.
“We have no confidence in the commission since they marred the last elections with irregularities and numerical bribery and manipulation,” he said.
Dausi declined to say what move the MCP would take if the current commission presides over the by-elections.
Chief Secretary to the President and Cabinet Bright Msaka refused to comment on why Mutharika has not yet made a move to appoint new commissioners. He referred The Nation to the Attorney General or Minister of Justice.
Attorney General Ralph Kasambara said there was nothing wrong with the current composition of the commission since they have not yet completed their four-year term as provided for in the Electoral Act.
He said although the President has powers to appoint commissioners after consultation with leaders of political parties in Parliament, it does not mean the commissioners are appointed on their political affiliation.
“It is wrong to say that they were supposed to be changed and again changing could have meant firing some members without reasons before their four-year mandatory term,” said Kasambara.
Mec Spokesperson Fegus Lipenga said he was surprised that the opposition was raising the issue of the electoral commission soon after coming from Parliament where the issue could have been easily handled.
“And no party has ever complained to us officially so that we can have a look at their problems and concerns,” said Lipenga. |
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