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Mec bans first names on ballot papers

Malawi Electoral Commission (Mec) wants the banning of nicknames and first names on ballot papers so that only official names should be allowed.

It also wants a mandatory period of not less than seven days between the announcement of electoral results and the swearing in ceremony of a person appointed as president, first vice or second vice president.

These proposals are among 17 of them which Mec has formally submitted to the Ministry of Justice and Constitutional Affairs for amendments to electoral laws.

The body has recommended the amendment of Section 83 (3), which provides for a period of swearing in of a person

elected to be president or appointed as first vice or second vice president as being within 30 days of being elected or appointed.

Mec wants the section to specify when the swearing in should take place.

“We request that you amend the PPE Act to reflect the spirit of the Constitution, and the period should not be less than 7 days from the announcement of the election results by Mec,” reads a list of the proposals.

There have been cases in the past when foreign presidents have even arrived for swearing in ceremonies of the president even before vote counting has finished.

During the 2009 elections, Zimbabwe president Robert Mugabe arrived when vote counting for presidential elections had not finished and Mec hurriedly announced the partial 90 percent of the results of the winner, the late Bingu wa Mutharika.,

Mec’s formal submission of the proposals follows the completion of the harmonisation of Presidential and Parliamentary Election (PPE) Act and the Local Government Elections (LGE) Act by a taskforce that was put in place during a roundtable meeting of stakeholders last month.

Mec has also proposed amendments to Section 100 of the PPE and Section 97 of the LGE Act which provided for 48 hours as the period within which complaints can be filed to the High Court.

“We request that you amend Section 100 of the PPE and Section 97 of the LGE Act to provide for a period of 7 days within which a complaint can be filed at the High Court, after the determination of results. This is so because many have felt that the 48-hour rule is restrictive as they are not able to gather enough evidence to necessitate the lodging of the complaint making the process a mere bluff,” continues the list.

Mec has also proposed that only official names of candidate should be used on the ballot paper.

“Sections 76(2) and 43 of PPE and Section 43 and Section 55 of the LGE Act should be amended to reflect that names of candidates should be those they are officially known for.

“In the past, there have been circumstances whereby candidates have put their nicknames or just a name in order that they should be put first on the ballot paper. The Section should be amended to reflect that names will be published and put on the ballot papers in order of surnames,” continues the summary of the amendments.

In 2009, former president, late Bingu wa Mutharika used his first name, Bingu, and resultantly appeared first of the ballot paper.

For the 2014 elections, some candidates have been marketing their first names too with the hope that they would make it to the top of the ballot.

Mec Chairperson Justice Maxon Mbendera has said he hopes the amendments will be effected in next month’s meeting of Parliament.

“The commission has since submitted to the Ministry of Justice and Constitutional Affairs a formal request for the amendment process to proceed. I hope that the proposed amendments will be effected during the next sitting of Parliament in about two weeks’ time,” said Mbendera, at a stakeholders meeting on Saturday.

Responding to questions from stakeholders, one of Mec’s commissioners Reverend Emmanuel Chimkwita-Phiri said if the amendments are not made, the electoral calendar will be affected.

“It’s an issue this meeting of Parliament has to pass. If not, it will impact on the electoral calendar and that will be regrettable,” Chimkwita- Phiri said.

Last week, leader of the House Henry Phoya said government has lined up 18 bills for the meeting of Parliament. He said a bill on the harmonisation of the electoral laws will be included as scrutiny is through.

“Relevant authorities are scrutinising the proposed changes. In the event that they finalise the process when Parliament is still in session, they will be brought to the House,” Phoya said.

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