Malawi Electoral Commission Chairperson Jane Ansah will have to be held accountable should the country get in any form of Constitutional crisis in the wake of mists surrounding the purported adoption of new electoral laws, the parliamentary legal affairs committee has said.
The remarks come following a recent statement that Ansah made that in the fresh presidential poll, older laws would be in use if President Peter Mutharika does not assent to the recently passed electoral reforms bills.
The amendment of the law also includes a provision for holding of run-off presidential election if no candidate in presidential elections gets half or more of the valid votes.
However, when addressing various elections stakeholders at a meeting in Blantyre last week, Ansah said that changes in the processes would also change should Mutharika assent to the bills.
But in reaction, the parliamentary committee on legal affairs has said if such is done, the commission will have to reckon it will put the country into a legal crisis and raise negative flags about the elections.
In an interview, Chairperson of the committee, Kezzie Msukwa condemned Ansah’s remarks saying the best thing the commission must do is abide by the constitutional court ruling.
‘’We have been following the developments. However, we feel it is unfortunate for her [Ansah] to make that statement. We feel she is flouting the law,’’ said Msukwa.
Recently, Professor of Law at Chancellor College, Garton Kamchedzera said the president needs to treat the bills with urgency.
Kamchedzera argued that in an event Mutharika fails to assent to the bills in the stated period, he is at risk of being impeached.
In a recent interview with MIJ Online, Mutharika’s Spokesperson Mgeme Kalilani said the President would take his time on the matter and was reading through the bills.
Following the amendment, the next general elections will be held on Tuesday, in the third week of May, 2025 while the National Assembly and local government authorities elected on 21st May, 2019 shall stand dissolved on 20th March, 2025.
The provisions were also in the Constitutional Amendment Bills which was shot down last week as it required two thirds majority to pass.
In addition, the house also passed the Electoral Commission (Amendment) Bill which states that the Chairperson of the Commission should be nominated by the Judicial Service Commission and be appointed by the President on the recommendation of the Public Appointments Committee.
It further states that the appointment of other members of the Commission shall be on recommendation of the Public Appointments Committee following nominations from political parties represented in Parliament.