MEC defies JB’s order

The Malawi Electoral Commission (MEC) on Saturday defied President Joyce Banda’s order to stop all activities surrounding the counting of this year’s Tripartite Elections’ results.

Instead, the body continued with the exercise, which is taking place at Comesa Hall in Blantyre.

President Banda evoked Section 88 subsection 2 of the Constitution, which empowers her to make an executive order to enforce unity in the country.

The announcement of the President’s declaration at the tally centre was followed by commotion attributable to reports that the President had ordered the military to seal the centre.

Political party officials at the national tally centre scampered to get hold of their items before the sealing.

MEC chief elections officer Willie Kalonga asked officials who were tabulating the elections data to immediately stop and walk out of the tally centre to await further instructions.

But within minutes of the directive, the commission’s chairperson Maxon Mbendera issued new orders for the counting exercise to continue.

In no time, the MEC staff proceeded with the vote counting.

Asked who is responsible for enforcing the presidential order, principal secretary in the Office of the President and Cabinet (OPC) responsible for administration Clement Chinthu Phiri said he did not know who was supposed to enforce the proclamation.

“The Attorney General would be in a position to know,” he said.

But reacting to the President’s decree, Centre for Multiparty Democracy (CMD) executive director Kizito Tenthani described the situation as a crisis and accused President Banda of discrediting the elections.

Malawi Congress Party (MCP) secretary general Gustav Kaliwo said he could not comment on the matter as MEC had already proceeded with the vote counting process.

But United Democratic Front (UDF) secretary general Kandi Padambo supported the President’s order, saying the elections were meddled with, citing anomalies and discrepancies.

“Looking at the way the elections were conducted, I believe what the President said is a way to go,” he said.

But Democratic Progressive Party (DPP) leader Peter Mutharika described the President’s decree as illegal.

“There is nothing in the Constitution that gives power to the President to cancel elections. The interference with the election is illegal, unconstitutional, unacceptable, abuse of power and out of norm. This is an excuse to declare a state of emergency,” he said.

The Malawi Human Rights Commission in a statement issued last evening also described the President’s order as unconstitutional, saying MEC is an independent entity.