Opposition Democratic Progressive Party (DPP) says it is contemplating seeking legal interpretation on the issue of political handouts, saying the law is unclear on who is responsible for enforcing the law between the Malawi Electoral Commission (Mec) and Registrar of Political Parties.
The governing Malawi Congress Party (MCP) has also weighed in on the issue, with its publicity secretary Ezekiel Ching’oma saying the party decided to file a handouts-related complaint with the Registrar of Political Parties.
Ching’oma, however, said, they are still preparing grounds for the complaint.
In the aftermath of three Local Government By-elections held on March 26 2024 in Karonga District, the two parties launched a complaint to Mec, asking it to act on reports that some candidates continue to offer handouts during campaign.
The by-elections took place in Rukuru and Chilanga in Karonga North West Constituency and Kaporo in Karonga North Constituency.
However, Mec Chairperson Judge Chifundo Kachale announced, when he was announcing official results for the by-elections, that the commission had referred the two parties to the Registrar of Political Parties or the Malawi Police Service (MPS).
Kachale said the electoral body has no mandate to handle such cases.
However, DPP spokesperson Shadric Namalomba told The Daily Times Thursday that the party still believes that Mec is mandated to act on issues surrounding handouts
Namalomba said referring the matter to the Registrar of Political Parties or MPS shows that the commission is failing to fulfill some of its obligations.
“There shouldn’t be any excuse, any doubt, as to who is responsible to ensure true and fair elections at any given time. The Constitution is very clear about this. It is Mec and no one else. So, the reference is worrying in the least.
“We are, therefore, contemplating moving the courts to offer a legal interpretation as to who, between Mec and the Registrar of Political Parties, is mandated to enforce the laws barring political handouts during an election,” Namalomba said.
On his part, Ching’oma said the party appreciates the relevance of the issue.
“We understand that our complaint to the Registrar of Political Parties is a significant step towards addressing the issue we have encountered. Therefore, we are committed to investing the necessary time and effort to compile a solid foundation for our case.
“Our ultimate goal is to ensure that our concerns are not only acknowledged but also rectified effectively,” Ching’oma said.
Speaking at a Karonga Local Government By-elections Postmortem Meeting in Mzuzu on Wednesday, Kachale said there is a need for security agencies to deploy more officers to election sites during elections to help people adhere to laws, thereby reducing cases of candidates giving handouts.
Kachale said Mec’s role ends at ensuring that electoral processes are followed according to the law and not providing security.
