Saturday, April 18, 2009

Malawi Elections 2009 : Electoral Commission toothless on violence

Electoral Commission (EC) the body mandated to administer elections in Malawi, has no teeth to bite politicians failing to abide by the code of conduct during campaign period.

This is the view of a legal practitioner Justin Dzonzi who blamed this on the country's weak electoral laws.

Castigations and political violence have been the order of the day amongst politicians during campaign rallies in recent times.

Some of the incidents are the Lilongwe fracas where DPP and MCP supporters clashed and the beating of supporters of DPP candidate Jimmy Banda in Blantyre City south east.

Section 7 of EC code of conduct prohibits politicians from using language or act or behave in any way that may provoke or promote violence during campaign or intimidation of candidates, members of parties, representatives or supporters of political parties, candidates or voters.

Dzonzi, however, said the code of conduct signed by candidates during the presentation of nomination papers was not legally binding.

"The code of conduct is just administrative standard. EC can not enforce it as a matter of law," he said.

According to Dzonzi the country needed laws that could disqualify candidates if involved in the malpractice.

Section 11 of the code of conduct stipulates that all political parties and candidates must recognise and agree that the Commission shall have the authority to enforce compliance of the provisions of the code of conduct through issuance of warnings and directives.

Others are negotiations and conflict resolution and use of Multiparty Liaison Committee, orders to cease and desist, the disqualification of parties or candidates from the ballot.

But EC's Chief Elections Officer David Bandawe said the commission would make a statement to remind candidates to stick to the code of conduct.

Asked to explain the mechanism EC put in place to ensure that candidates abide by the code, Bandawe said all the districts in the country have Multiparty Liaison Committees to address such matters.

He also said they work hand in hand with the police to ensure that all rallies are violence-free.

Bandawe could not explain how they would deal with politicians violating the code of conduct.

Southern Region Police Publicist Davie Chingwalu said their role as police, was to ensure that lives of people and property were protected during campaign period.

Asked to explain what they have done so far on the reported political violence, Chingwalu said the police were investigating such matters one of them being the beating of Jimmy Banda's supporters.

"All the perpetrators of violence during rallies will face the law and we have already identified the people who beat up Banda's supporters and we will arrest them," Chingwalu said.

EC opened campaign on March 17 and it will be closed on May 17.

  http://www.dailytimes.bppmw.com/article.asp?ArticleID=12835

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