MCP for 50 + 1 electoral system
Opposition Malawi Congress Party (MCP) says it will push for the change of the system for electing president from the current first-past-the-post to 50+1 percent in order for the elected president to have universal legitimacy.
But government says it is not ready to discuss the matter, describing it as not among its priorities.
MCP’s resolve comes at a time when incumbent President Peter Mutharika won this year’s elections with just over 36 percent of the votes.
“We cannot continue living in a country where a President rules with few votes. This is one of several amendments that MCP wants to see done,” said party spokesperson Jessie Kabwila in an interview recently.
Kabwila, who disclosed that the matter will be taken to the Business Committee of Parliament this September, says it is time the country was ruled by someone who has “universal support”.
MCP’s stand has also been backed by Centre for Human Rights and Rehabilitation (CHRR) and Centre for the Development of People (Cedep).
“We call for the immediate reform of the electoral laws, especially the eight day rule and the first-past-the-post system. Malawi needs to adopt the 50+1 percent system as a matter of urgency if the next president is to have genuine trust and legitimacy,” said the two organisations in their report on the country’s 50 years of independence and the future.
Even the 2007 Special Commission on the Constitutional Review recommended that the presidential winner should get over 50 percent of the votes.
Section 80(2) of the Constitution reads: “The President shall be elected by a majority of the electorate through direct, universal and equal suffrage.”
The commission suggested it to read like this: “The President shall be elected by a majority of more than fifty percent of the valid votes cast through direct, universal and equal suffrage and, where such majority is not obtained in the first ballot, the necessary number of ballots between the presidential candidate who obtained the greatest number of votes and the runner up, together with their respective vice-presidential candidates shall be conducted until such result is reached.”
When asked whether government supports MCP’s proposal, Minister of Justice and Constitutional Affairs Samuel Tembenu said they were not in a hurry to discuss the matter.
“There is currently nothing on the table because it is not a priority. We will look into that at an appropriate time, but currently there are a number of issues to look into,” said Tembenu.
Kabwila has, however, disagreed with Tembenu, arguing “the issue is important and urgent”.
Meanwhile, a constitutional law expert, Associate Professor Edge Kanyongolo, says any system is better if it is managed properly.
“The 50+1 system ensures that legitimacy of the President is undoubted as he or she is in office because of the majority of the people while in the first-past-the-post, one can be president with only 30 percent or less of the votes. However, the 50+1 system can sometimes be expensive because it can be conducted twice,” observed Kanyongolo.
He added: “What matters is a system that cannot be abused. For example, the system we are using works well in Britain while the 50+1 system is abused in some countries.”
President Peter Mutharika won this year’s election with 36.4 percent of the votes. In 1999, Bakili Muluzi won with 51.37 percent and in 2004, Bingu wa Mutharika won with 36 percent while in 2009, he won with 64 percent.
I share with Ass. Prof. E. Kanyongolo that 50+ system is not the best for a poor country like. I think MCP has shown its old colours of greed and blutality. People come 2019 should make sure not MCP to vote for its candidates door because it is not yet reformed. Its ideology is still based on Boko haram idelogies. Its fomer leader Hastings Akim Kamuzu Banda exploited the country and remained one of the ten poor countries in the world through capitalism. It is Jessie (Single lady) Kabwila pushing for a greedy policy. Whatever system will be put in place is not perfect. It has its own weaknesses. This is the reason other failures and greedy leaders like son to Czar (Aford) Former President brought federal idea. The principle to change the current system is to assess whether the merits of the new system outweigh the demerit. Do not advocate for a system because you are desparate to get into power. A policy or law or system should aim at serving the common good of every Malawian not opposition parties.
Professor Edge Kanyongolo says any system is better if managed properly. Having seen that the present present system is not managed properly many Malawians (with exception of Tembenu and other vote riggers) are of the opinion that a president enjoys majority support and not Muhlakho support. Mind you, PAC, CCJP , CEDEP and now MCP are expressing the same views.
It is not 50+1% but 50% + 1 (vote). It would lessen criticisms of a president not being representative. I don’t think Mw has the same system as in the UK, for there the PM is the leader of party members elected to Parliament. He can be got rid of at any time by them and the party, where the president of Mw stays for 5 years regardless of party members’ wishes. But I take Edge’s point that any system can be abused.