Her Excellency Dr Joyce Banda
STATEMENT BY HER EXCELENCY DR. JOYCE BANDA ON THE OUTCOME OF THE 2014 GENERAL ELECTIONS
Fellow Malawians;I would like to first of all, thank all Malawians that took part in the just ended, first ever tripartite elections.
Despite isolated incidences of disturbances, Malawians generally embraced peace throughout the election period and exercised impeccable patience as we awaited the conclusion of the elections.
I commend all Malawians for the patience exercised during this delicate time of transition.Last evening, on 30th May 2014, the Malawi Electoral Commission announced the Presidential results of the Tripartite Elections that were held from Tuesday, 20th May to Thursday, 22nd May 2014.
I take this opportunity to sincerely congratulate the President Elect Professor Arthur Peter Mutharika and the Vice President Elect Mr. Saulos Klaus Chilima on their victory in an election that was closely contested.
I wish the President Elect and the Vice President Elect every success as they take up the mantle of leadership for the nation of Malawi.
It is my prayer that the new President and his Government will successfully guide our nation to greater heights of prosperity
I would like to thank all Malawians for the support rendered to me and my government during my term in office as President of this great Republic.It has been an honor and privilege to serve my country, Malawi, and more so as the country's first female president.
During my term, significant reforms that aimed at taking the nation to the right development trajectory were implemented, and I appreciate the support and encouragement that Malawians and all other well wishers gave me during these reforms
As I leave office today, I am happy that there are visible positive outcomes of these reforms in the macro economy, in governance and observance of human rights, in food security, in women's empowerment, in rural development and international relations to mention but a few.
I am happy that the country is at a better place than was the case when I assumed office in 2012.
I therefore wish to take this opportunity, to urge all Malawians to support the newly elected President Professor Mutharika and his Government as they take on this foundation of progress and endeavor to develop Malawi even further.
In conclusion, while these elections have been tense, I would like to urge all Malawians to move forward as one nation, to remain united, to uphold the rule of law, and continue being peaceful and calm as we head into the next fifty years of Malawi's future.
May God continue to protect and bless our Nation, Mother Malawi.
I thank you for your attention
President Dr Joyce Banda
Republic of Malawi
On Saturday, May 31, 2014 12:35:37 AM UTC+3, Charles Banda wrote:
Mbendera: Based on the results you've heard which have been signed by all commissioner, I justice Maxon Mbendera do declare candidate
Arthur Peter Mutharika & Saulos Chilima of DPP as president elect & Vice President elect of Democratic Republic of Malawi
National totals results for Presidential elections
DPP 1 904 399
MCP1 455 880
PP 1 056 230...On Sat, May 31, 2014 at 12:02 AM, Charles Banda <chasbanda@gmail.com> wrote:
https://twitter.com/
MalawiNation/status/ 472476093703024641 DPP supporter celebrating court decision of no extension which means MEC will be forced to announce results
On Friday, May 30, 2014 11:12:51 PM UTC+3, Charles Banda wrote:The judge rules that "I can not hesitate to give positive direction for MEC to conduct physical audit."
"What the Court cannot do is go outside of its power and extend power when there is no rule/law to do so"
On Friday, May 30, 2014 11:10:09 PM UTC+3, Charles Banda wrote:BREAKING: Judge Kenyatta Nyirenda has ruled that MEC can do the recount of the votes. However, the recount has to be done in eight days.
The recount has to be done in 8 days which ends tonight. now judge dealing with issue of extension.
On Friday, May 30, 2014 10:01:50 PM UTC+3, Charles Banda wrote:We commissioners Nancy Tembo, Wellington Nakanga, Reverend Mezuwa Banda, Elvey Mtafu, Stanley Bilia, Rev Emmanuel Chinkwita Phiri, Gloria Chingota, Allan Chiphiko being commissioners duly appointed under s. 75 (1) of the Constitution as read with S. 4(1) of the Electoral Commission Act wish to state as follows:-
1. THAT at the meeting of the Commission held on 25th May 2014 it was decided that the results of the presidential elections held in May 2014 as received from returning Officers had attracted numerous complaint[s] and had discrepancies and obvious errors to such extent that they could not be relied on as presented.
2. That it was decided that the only way to get a credible result was by conducting a physical audit of the vote by reopening the ballot boxes and recounting the ballot cast.
3. That as a commission we were prepared to carry on that exercise and logistics were put in place.
4. That subsequent to that decision to have a recount the Electoral Commission has received court processes the effect of some of which is to compel us to release the results although numerous complaints await determination and the results have not been verified by political parties as earlier on agreed.
We therefore wish to categorically state that we have not determined and cannot determine the result of the Presidential election relying merely on documentation received from Constituency returning officers and we therefore wish to state that a proper result can only come after a physical audit and comparison with the result received from returning officers.
Dated and signed this 28th Day 2014
Nancy Tembo
Wellington Nakanga
Rev Mezuwa Banda
Elvey Mtafu
Stanly Billiat
Rev Emmanuel Chimkwita Phiri
Gloria Chingota
Rev Allan Chiphiko
On Friday, May 30, 2014 4:11:43 PM UTC+3, Charles Banda wrote:CALL FOR CALM AND RESPECT FOR THE RULE OF LAW
"We call on all Malawians, particularly political leaders and their supporters, to exercise calm and restraint as the High Court considers the next phase of the electoral process. We highlight the commitments made by all political leaders in the 10 May Lilongwe Peace Declaration. Going forward, we urge all parties, citizens and authorities to respect the legal and constitutional process, rise above personal and party interest and ensure Malawi's reputation for stability and peace continues."
Signed Head of Missions:
Australian High Commission
British High Commission
Canadian High Commission
Delegation of the European Union
Embassy of the Federal Republic of Germany
Embassy of Ireland
Embassy of Japan
Embassy of the United States of America
Royal Norwegian Embassy
On Friday, May 30, 2014 6:10:53 AM UTC-7, Charles Banda wrote:UNOFFICIAL MEMBERS OF PARLIAMENT FOR EACH PARTY
DPP = 49 MPs;
PP = 26 MPs;
MCP = 50 MPs,
UDF = 15 MPs;
PPM = 1 MP;
CCP = 1 MP,
AFORD = 1 MP,
INDEPENDENT MPs = 49
Blantyre North no MP there will be a bye-election
On Friday, May 30, 2014 6:10:22 AM UTC-7, Charles Banda wrote:One person is reported to have died in Mangochi and several others are being treated at Mangochi District Hospital following demonstrations that started today morning.
Our correspondent Ayamba Kandodo who is in Mangochi says the situation is far from calm as people continue to burn kiosks and tyres in protest.
The demonstrators say they do not want MEC to announce the disputed presidential election results which according to them are "rigged".
Police fired teargas and rubber bullets at the protesters in a bid to disperse the demonstrators.
We will keep you updated.
On Friday, May 30, 2014 1:36:35 AM UTC-7, Charles Banda wrote:Picture shows tyres burning in Mangochi as people protest the delayed release of voting results
On Thu, May 29, 2014 at 9:24 AM, Charles Banda <chasbanda@gmail.com> wrote:
MBENDERA'S STATEMENT IN FULL
Ladies and Gentlemen,
On behalf of the Malawi Electoral Commission I am here to report on developments and progress in the Tallying of the election results.The law requires the Commission to announce its determination of the national election results within 8 days from the last day of polling.As you will recall, our last day of polling was on Thursday, 22 May. Therefore the Commission has a legal duty to announce the results not later than Friday, 30 May, 2014.
The law allows the Commission to announce the results within 48 hours after collecting all relevant information.
This 48 hours is provided to allow the Commission to attempt to resolve any complaints that have been lodged. As of this afternoon the Commission has registered 287 complaints of which it has processed 188.Ladies and Gentlemen,
I can now report to the Nation that the Commission has received and tallied all of the results for the Presidential election at the National Tally Centre.As such, the 48 hour countdown has started and the Commission will announce the determination of official results for these elections on Friday, 30 May.The Commission will utilize the remaining two days to finalize and resolve the complaints it has received for the Presidential, Parliamentary and Local Council Elections.If all complaints cannot be resolved within the remaining time, candidates will still be able to take up any concern via a petition to the High Court, within seven days of the announcement of the results, as the law provides for.
The Commission has also continued with the verification of the results. We are working diligently to identify any irregularities. This includes the 58 polling centers where the number of valid votes reported to have been cast have exceeded the number of registered voters.These issues will be commented on in our report to the Nation on the announcement of the determination of results.
Ladies and Gentlemen,
We are all aware of the legal controversy that has surrounded the possibility of the Commission conducting a recount.
At this stage we await clarity from the Courts on this issue, as they seek to resolve the injunctions and counter-injunctions being lodged.On this issue, the Commission has met with many of the stakeholders in the electoral process. In the past few days we have met with the Secretaries-General of the political parties, PAC – the Public Affairs Committee – Civil Society Organizations, and election observer groups.
To all of these groups I must extend my sincere gratitude for their commitment and support to the Commission as we have all wrestled with these issues.
Our advice to these stakeholders is that it is not feasible for the Commission to conduct a full recount within the period available to it, and if it were possible, a Court order would be required to extend the period for announcement of results.
Malawians are a law abiding people. We are known as the warm heart of Africa. The commitment of all Presidential candidates through the Lilongwe Peace Declaration confirms these sentiments.
The Commission is preparing to announce its determination of the results of these elections on Friday, 30 May, or as the Court may direct.On Thursday, May 29, 2014 7:19:55 AM UTC-7, Yona Fares Maro wrote:Legal expert opinion by Bright Theu, legal expert at African Commission on Human and Peoples Rights in The Gambia.
MEC has power to undertake vote recount
There is a notion which as I gather has been endorsed by the High Court to the effect that the Malawi Electoral Commission (MEC) has no power/mandate/competence to order and undertake a "recount of the votes". Below I advance the view that this notion is wholly misinformed; based on a deliberate circumvention of clear legal provisions and trite principles of interpretation; based on faulty reasoning; and probably induced by personal interest in the outcome of the issue the nation is contending with.
I argue for the position that MEC has every mandate to "determine" the outcome of an election and to use all appropriate methods available at its disposal for that purpose. I am open to contrary views that are informed by sound reasoning and proper application of the relevant principles that bear on the issues, in the spirit of an organised dialogue and not aimless bubbling.
Theu: MEC has the mandate to undertake vote recount
Theu: MEC has the mandate to undertake vote recount
To begin with, MEC is established under section 75 of the Constitution, the supreme law of the land. The duties, powers and functions of MEC are stipulated mainly under the Constitution (Constn), the Electoral Commission Act (ECA), and the Parliamentary and Presidential Elections Act (PPEA). Among the duties, powers and functions of MEC, section 8(1)(m) of ECA empowers MEC to "TO TAKE MEASURES AND TO DO SUCH OTHER THINGS AS ARE NECESSARY FOR CONDUCTING FREE AND FAIR ELECTIONS."Further, section 76(2)(c) of the Constitution sanctions that MEC shall, among other duties and functions, "DETERMINE ELECTORAL PETITIONS AND COMPLAINTS RELATED TO THE CONDUCT OF ANY ELECTIONS" (s.76(2)(c), Constn). The critical term "determine" which articulates the duty and the attendant power of MEC is not defined in the Constitution. In fact it need not be defined because it is a well-known term which simply means decide, rule, judge, issue a verdict on any issue submitted to a competent body for that purpose.
In other words, to determine is to examine or assess an issue or a complaint in terms of the evidence presented and the applicable law with a view to deriving the conclusion as to whether the complaint is valid or not. Where the complaint is found to be invalid, the natural result is that is it dismissed. Where on the other hand the complaint is determined to be valid, naturally and logically an effective remedial measure is taken or issued and this forms part of the determination.Accordingly, to the extent that MEC has the duty and function of "determining" electoral petitions and complaints, it is perfectly competent to decide whether any complaint it has received is valid and if so it has the attendant power to take or issue an effective remedial measure. For purposes of an election (MEC's business) an effective remedial measure is one that ensures that the result of an election is credible in the sense that all irregularities that would adulterate and impair the validity of the outcome of the election are removed or mitigated to a level that they are insignificant to the outcome.
The idea is to make sure as much as possible that the result of the election is nothing but the people's choice. This is the only way of ensuring that the authority to govern Malawi is validly entrusted, and not fraudulently assumed by any individual or group of individuals – and this is the higher constitutional value that any process and any measure taken by MEC seeks or must seek to achieve.
Indeed the process of "determining" electoral petitions and complaints must uphold that higher value, without which we risk being governed by a group of individuals who purport to acquire the mandate to govern by fraud!From the above, it should be beyond rational contention that MEC has the duty and function to "determine electoral petitions and complaints"(s.76(2)(c), Constn) which includes the attendant power to take effective remedial measures (s.8(1)(m), ECA) where a given complaint is determined to be valid and of such gravity as to affect the validity of the outcome.
Whether "recounting the votes" is among the range of effective remedial measures MEC can take is the second point I address, since it is this particular measure that some people deny MEC the competence to opt for, a denial the Court has erroneously endorsed!
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