Approved candidates for May 21 Presidential Elections

Introduction

The Malawi Electoral Commission received nomination papers from Local Government, Parliamentary and Presidential Elections candidates from 4 to 8th February 2019. The Commission announced that it will conduct a detailed analysis of the nomination papers to ensure that they comply with the eligibility criteria to contest for the respective offices being vied for. The Commission planned to release the final names for presidential elections after seven (7) days, for Parliamentary after fourteen (14) days and Local Government before expiry of twenty-one (21) days from the last day of nomination.

Following this, the Commission met on 13th February 2019 in Lilongwe to consider a report on the analysis of Presidential candidates. A total of 10 nomination papers were successfully submitted to the Commission during the nomination week. The Commission rejected nomination papers from three independent candidates because they had serious deficiencies.

Approved presidential candidates

Having conducted detailed analysis of all the nomination papers for Presidential Elections, the Commission has approved the following to have been duly nominated in accordance with the law:

The Commission has disqualified Mr Loudon Titan Malingamoyo Phiri, National Salvation Front (NASAF) and running mate, Miss Ethel Vivian Makoko on the basis of the following:

• The candidate met the minimum requirement of 10 electors in one district only out of the required 28. The candidate was requested to satisfy this requirement by 11th February 2019 but has not managed to this date. An extension was made, to this date he has not complied.

Challenging eligibility of candidates

The Commission is also reminding stakeholders that a candidate can be disqualified any day before polling should the Commission become aware that the candidate suppressed material facts at the time of nomination which, if they were known, could have led to disqualification.

The Commission is, therefore, informing the general public that anyone who wishes to challenge the eligibility of a the candidate in the 2019 Tripartite Elections they should follow proper procedures by writing the Commission with substantiated evidence of the ineligibility of the particular candidate.

Those challenging the eligibility of a candidate on the basis of understanding or interpretation of the law are encouraged to seek opinions of their legal counsel before challenging the eligibility of any of the contestants.

All stakeholders should also take note that the Commission will not be moved to disqualify any candidate from contesting based on objections raised through phone calls, conventional and social media, press briefings of which the Commission has not been properly furnished with details.

Eligibility for Presidential elections

Under section 80 (6) and (7) of the Constitution of the Republic of Malawi as read together with section 49 and 50 of the Parliamentary and Presidential Elections Act no person shall qualify for nomination for Office of President unless he or she:

• is a citizen of Malawi by birth or descent;
• has attained the age of 35 years and or above
• is a registered voter

The law, further adds that, notwithstanding the above conditions, no one shall qualify for nomination to contest in the election of President, if the person:

• is, under any law in force in the Republic, adjudged or otherwise declared to be of unsound mind
• owes allegiance to a foreign country;
• has, within the last seven years, been convicted by a competent court of a crime involving dishonesty or moral turpitude;
• is an undischarged bankrupt, having been adjudged or otherwise declared bankrupt under any law in force in the Republic;
• holds, or acts, in any public office or appointment
• belongs to, and is serving in the Malawi Defence Forces, the Malawi Police Service and the Malawi Prison Service; and
• has, within the last seven years, been convicted by a competent court of any violation of any law relating to elections.

Electoral stakeholders should note that academic or educational qualifications like holding a Malawi School Certificate (MSCE) or a first degree are not part of the eligibility criteria for Presidency.

Submission of eligibility challenges

All challenges to the eligibility of candidates, whether  Local Government, Parliamentary or Presidential Elections should be sent to the following address:

The Chief Elections Officer

Malawi Electoral Commission

Chisankho House

Private Bag 113

Blantyre

Email alfandikas@yahoo.co.uk

Challenges can also be hand-delivered to the MEC head office in Blantyre.

Dated at Blantyre this 14th day of February, 2019.
Sam Alfandika

CHIEF ELECTIONS OFFICER