By Deogratias Mmana:
Civil society of organisations (CSOs) have written President Lazarus Chakwera and Speaker of Parliament to call for an emergency Parliament session amid restrictions on voting arrangements that could affect potentially over 50,000 voters.
They are demanding the amendment of Section 74 of the Presidential, Parliamentary and Local Government Elections Act (PPLGEA) Number 10 of 2023 to allow special voting arrangements for voters who cannot be present at their original polling centres.
The CSOs, under Civil Society Elections Integrity Forum (CSEIF), say there are over 50,000 eligible voters who are disenfranchised by this law.
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According to them, this figure is “alarming” and that it is “unacceptable in a constitutional democracy” for that number or any single voter to be denied the right to vote.
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The PPLGEA No. 10 of 2023 as amended reads: “A registered voter shall exercise his or her right to vote at a polling station located at the registration centre where he or she is registered or has been transferred to in accordance with this Act.”
This provision, introduced following the 2022 amendments, repealed the former Section 75 (2) of the PPLGEA, which previously guaranteed flexibility for voters unable to vote at their original registration centres.
The repealed provision stated:
“If it is not possible for person to vote at a polling station located at the registration centre where he is registered, the registration officer of that centre or other duly authorised officer may, on the request of such person, grant him written authorization in the prescribed form to vote at a polling station located in the place where he will be present on the polling day and in that case the polling station officers at such other polling station shall record in the manner prescribed by the Commission instructions in writing his name, the number of his voters registration certificate and the place of his registration.
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“Provided that the registration officer or other authorised officer may at his sole discretion refuse to grant the request.”
In a statement issued Friday and signed by the chairperson of the CSEIF, Benedicto Kondowe, the CSOs said the failure to retain a mechanism for special authorisation in the amended law is a serious omission that will deny the right to vote to critical categories of citizens.
This include security personnel deployed to maintain law and order, polling staff assigned to manage the elections, accredited monitors and observers and members of the media covering the elections.
“This restrictive provision stands in direct conflict with Section 40 of the Constitution of the Republic of Malawi which guarantees every citizen the right to participate fully in the political process, including the right to vote.
“Denying this right on the basis of deployment obligations is a violation of constitutional guarantees and international democratic standards,” reads the statement.
The statement further says: “Failure to act will undermine the integrity of the 2025 elections, disenfranchise thousands of citizens who are in fact serving to uphold the democratic process and erode public confidence in our electoral system.”
The statement aside, the CSOs have also written Chakwera to emphasise their urgent call for the emergency Parliament session.
The letter is dated July 17, 2025.
“Your Excellency, we respectfully urge you to exercise the authority vested in you under Section 59 (1) of the Constitution which empowers the President to summon Parliament to meet at such time and place as the President may appoint.
“We appeal that you call an emergency session of Parliament pursuant to section 59 (1) of the Constitution of Malawi to amend section 74 of the PPLGEA and remember reinstate a lawful mechanism for voters on official duty to exercise their right to vote,” reads the letter.
Copies of the letter have been sent to Speaker of Parliament whose office confirmed receipt, Leader of Government Business in Parliament, Leader of Opposition, all registered political parties and chairperson of the Malawi Electoral Commission.
Kondowe added that the Constitutional Court in the 2020 presidential election case emphatically held that “every vote counts and must be accorded equal weight and protection under the law.”
Malawi Electoral Commission chairperson Annabel Mtalimanja said as the law stands, the Commission’s hands are tied to write any authorization letters to officers on duty for them to vote elsewhere.
Presidential Press Secretary Anthony Kasunda said he needed time to cross check the development.
Malawi goes to the elections on September 16.
