Justice Minister Effects 50+1 Elections Act

Lilongwe, Malawi: The Act detailed procedures for a second poll in a presidential election, in case no candidate has managed to amass more than 50 percent majority in the first poll had been effected.

The Justice Minister, Titus Mvalo has put into effect the Presidential, Parliamentary and Local Government Elections Act (PPLGEA).

Malawi Electoral Commission (MEC) Chief Executive Officer (CEO) Andrew Mpesi told media that the minister has chosen this year as the time the Act will start functioning.

Mpesi said this means the Act is ready for use in the 2025 election.

“The minister has appointed a date on which this law can start functioning. This is what the Malawi Electoral Commission has been looking forward to,” Mpesi said.

“This is very key and fundamental to electoral democracy in this country because one of the important things in an election is making sure that the legal framework is solid and he has made it solid,” he added.

He further said this also effects a public holiday on the polling day.

The MEC CEO also disclosed that MEC is developing relevant electoral regulations, processes, forms and manuals that are consistent with the Presidential, Parliamentary and Local Government Elections Act.

Meanwhile, Government Assurance Committee Chairperson Noel Lipipa has described the development as welcome, saying MEC needs a solid legal framework on which to base its actions.

“In the previous election, Mec used the 50+1 [system] but it wasn’t a law yet since the court just interpreted it. Now there will be a legal framework detailing what happens if 50+1 is not achieved in 2025,” Lipipa said.

In 2020, the Supreme Court of Appeal rejected an appeal by former president Peter Mutharika and the Malawi Electoral Commission and upheld the order for a re-run of the presidential election that had culminated in Mutharika winning a second term