Legal expert in the country have down played the proposal that Electoral stakeholders in the Malawi Electoral Commission(MEC) should shift the election date owing to the irregularities that have locked the electoral process.
Executive Director of the Institute for Policy Interaction, Rafiq Hajat, was quoted in one the local media house (Capital FM) as saying “owing to the fact that the polling day is set in the constitution, MEC should borrow a leaf from how a similar situation was handled in the past by utilizing constitutional courts”.
In his comment on the issue chancellor college associate professor of law Edge Kanyongolo says the process is not as simple as people may think.
“It is not possible under our current constitution to change the dates for the elections because they are fixed by the constitution, and there is very little room for maneuver in terms of postponing them,” he said.
He, however suggested taking the issue to the national elections consultative forum for stakeholders to meet and find a solution to the current challenges.
On his part, Charles Mhango, a private practicing lawyer and former legal director of the Malawi Human Rights Commission (MHRC) says though it is possible to make a judicial application, it will be too costly on the part of the stakeholders who have already spent a lot.
Malawi will hold its first ever tripartite election on May 20.
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