By Wezzie Gausi
The Malawi Human Rights Commission (MHRC) is today expected to petition Parliament, calling for urgent amendments to the country’s electoral laws to prevent the exclusion of eligible voters in the upcoming tripartite elections.
MHRC Executive Secretary Habiba Osman said the commission remained concerned that some categories of voters continued to face practical challenges that hinder their participation in elections.
She said key personnel such as polling staff, security officers, health workers, accredited journalists and local observers often find themselves deployed away from the centres where they registered, leaving them unable to vote on polling day.
“Voting is a constitutional right and every effort must be made to protect that right for all Malawians. The law, as it stands, still excludes many groups who contribute meaningfully to the electoral process,” Osman said.
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She said while the proposed amendment to Section 74 of the Presidential, Parliamentary and Local Government Elections (Amendment) Bill No. 23 of 2025 attempts to address the problem, the scope remains “too narrow” and risks disenfranchising more voters.
The proposed changes currently seek to exempt only polling staff, political party representatives and security officers from the residency voting restriction.
Osman said the commission would recommend that voting eligibility be extended to include accredited observers from civil society organisations, MHRC staff and commissioners, accredited journalists and media workers, incarcerated individuals who registered before detention, former inmates who registered while in custody but have since relocated, essential service providers working away from their home districts, and people who have moved due to work, education or family reasons and cannot return to their original voting locations.
She said these groups should be allowed to apply to the Malawi Electoral Commission (Mec) for verification to vote where they are stationed.
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The commission has since welcomed the decision by President Lazarus Chakwera to reconvene Parliament under Section 67(4) of the Constitution to consider the proposed amendments.
Osman described the move as a show of political commitment to strengthening Malawi’s democracy and improving electoral inclusivity.
“The commission is also urging lawmakers to expedite the legislative process to ensure the revised law is enacted in time for the September 16 elections,” she said.
Osman said Parliament must swiftly deliberate and pass the revised bill, followed by immediate presidential assent and prompt publication to allow Mec to operationalise the changes and inform voters about the development.
Reacting to the planned petition, Centre for Human Rights and Rehabilitation (CHRR) Executive Director Michael Kaiyatsa commended MHRC for taking the stand on the matter.
“This is a commendable gesture. The Mec laws need to be reviewed holistically to accommodate emerging challenges. We all know that voting is a human right in a democratic society. People should not be denied that right just because they were transferred or redeployed after registering,” Kaiyatsa said.
The bill in question was officially published in the Malawi Gazette Supplement on July 23 this year.
