By Pemphero Malimba:
Westminster Foundation for Democracy (WFD) is clear on the role of electoral commissions in the management of elections: They play a key role.
This also applies to the Malawi Electoral Commission (Mec), which is the go-to body on elections in the country.
WFD says, in real democracies, electoral commissions play this role well while in regimes that are good at pretence, this is not always the case.
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“Global concern at the onset of democratic recession has shone a spotlight on the integrity of elections. This is particularly true in countries that have the outward appearance of democracy— holding regular elections, making policy through the legislature—but in many ways continue to operate like authoritarian regimes. In these ‘electoral-authoritarian’ regimes, opposition parties often allege that governments are only able to remain in power by manipulating the electoral process.
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“In many but not all cases of disputed elections, a major complaint is that the electoral commission is somehow or other operating in the interests of the ruling party,” it says.
Fortunately for Malawi, its electoral bodies have been fair in administering elections, which puts to rest fears of manipulating election results in favour of governing political parties.
As, electoral bodies in Malawi fall in the second category on WFD’s scale.
“By contrast, where electoral commissions are politically neutral, professional and committed to democratic values, they can play an important role in strengthening the electoral process itself. As Kaaba and Haang’andu have argued, ‘The legitimacy of elections cannot be separated from the competency, professionalism and independence of the institution administering them.
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“Moreover, recent research supported by WFD has demonstrated that electoral commissions play an important role in shaping the success –or failure–of long-term efforts to improve electoral integrity. More specifically, the strength and independence of an electoral commission is a critical factor in whether or not the recommendations made by international election observers are implemented,” it says.
In its view, an electoral commission is supposed to be non-partisan; that is, it should not, in its decisions or actions, benefit any particular political party.
“It adds a lot to the credibility of an electoral commission if it is perceived to be non-partisan, which in turn impacts directly on the electoral commission’s perceived electoral integrity. This is especially the case in new democracies, where electoral commissions often both organise and manage the electoral process and are responsible for counting the votes and announcing the results,” it says.
In the past four years, after the annulment of the May 2019 presidential election on the ground that it was fraught with irregularities, stakeholders, including political parties, have largely been impressed with the way Mec has managed its affairs.
And, now, there are new faces at Mec, a development that has attracted positive reactions from stakeholders, meaning that they have trust in Mec.
Last week, High Court Judge Annabel Mtalimanja became Mec’s new chairperson, meaning that she will play a key role in administering the September 16 2025 Local Government, Parliamentary and Presidential Elections after President Lazarus Chakwera appointed her to the position.
Chakwera appointed Mtalimanja alongside two new commissioners, Reverend Phillip Kambulire and Limbikani Kamlongera.
Mtalimanja has replaced Judge Chifundo Kachale while the other two commissioners replace Anthony Mukumbwa and Olivia Liwewe, whose tenure of office expired simultaneously with Kachale’s on June 6 this year.
Mtalimanja, Kambulire and Kamlongera have joined commissioners Francis Kasaila, Richard Chapweteka, Caroline Mfune and Emmanuel Fabiano at the commission.
Mec spokesperson Sangwani Mwafulirwa said Chakwera made the appointments in accordance with Section 75 of the Constitution of the Republic of Malawi and Section 4 of the Malawi Electoral Commission Act.
“The appointments are with effect from 7 June 2024 and fill the vacancies that had risen in the commission following the end of tenure of Judge Chifundo Kachale, who was the chairman, and commissioners Dr Anthony John Mukumbwa and Olivia Mchaju Liwewe on 6 June 2024,” he said.
Democratic Progressive Party spokesperson Shadric Namalomba said the party has not taken any position on the matter.
On his part, Malawi Congress Party (MCP) national publicity Secretary Ezekiel Peter Ching’oma said the party has welcomed the appointments.
“We understand that the contracts of the commissioners, who were appointed five years ago, came to an end this year. We, as a party, welcome the appointments made by the President. The team appears well-balanced, in terms of gender, geographic and political affiliation.
“We are excited to note that a well-qualified female judge will now head the Mec. We, as a party, look forward to working with this new, well-balanced team,” Ching’oma said.
Meanwhile, National Advocacy Platform Chairperson Benedicto Kondowe has applauded Kachale for what he termed as “exceptional service” rendered to the commission.
In a statement, Kondowe then urges Mtalimanja to embrace impartiality in conducting the forthcoming elections.
“Impartiality is paramount to ensuring free and fair elections in Malawi and we are confident that, under their leadership, the commission will continue to maintain its integrity and credibility,” he said.
On his part, political and governance analyst George Chaima said the appointments symbolise Chakwera’s commitment to empowering women in leadership positions.
“This is all in order,” Chaima said.
He however urged Mtalimanja to continue Kachale’s legacy.
“During Kachale’s service, there weren’t any serious issues which could plunge the country into chaos. He guarded his integrity and refused to betray Malawians’ wishes. We expect Judge Mtalimanja to stick to the guns of upholding the values of Mec in order to deliver fair, transparent and credible elections in 2025 which define the sustainable path of peace and unity,” Chaima said.
Political analyst Wonderful Mkhutche concurred with Chaima, saying he expects Mtalimanja to succeed in holding free and fair elections.
“These are good appointments, especially looking at the experience of Judge Annabel Mtalimanja. She is capable of delivering free, fair and credible elections for us.
“The commission should be moving together with the public. Further, the commission has done and documented challenges in the past, and the new chairperson should learn from them. Most importantly, every election is a new election, looking at the political dynamics that keep changing. Therefore there is a need for versatility from those leading Mec, who have to invest in the technical affairs of an election as well as the socio political dynamics as they also play a huge role in election management,” Mkhutche said.
Mec commissioners serve a four-year term.
In June 2020, former president Peter Mutharika appointed Kachale, Liwewe and Mukumbwa alongside other commissioners
