Magistrates Trained in Electoral Offences Ahead of 2025 Elections

 In a bid to ensure fair and credible elections, magistrates from across Malawi have undergone intensive training on electoral offences. The training, which took place at the Bingu International Conference Centre in Lilongwe on 5^th February 2025, was organized by the Malawi Electoral Commission (MEC) in collaboration with the Judiciary Training Committee.

Speaking at the opening of the training, Chief Justice Rizine R. Mzikamanda, SC, emphasized the critical role of magistrates in upholding electoral justice. He highlighted that magistrates must be well-equipped to handle cases of electoral misconduct effectively, as failure to punish electoral offenders could lead to voter apathy and a lack of confidence in the electoral process.

“The Judiciary recognizes the pivotal role that magistrates play in maintaining public trust and confidence in democratic processes, including elections. This training is crucial to prepare you to independently and effectively manage any electoral offences that may arise as we approach the 2025 General Election and beyond,” said the Chief Justice.

The Chief Justice outlined various categories of electoral offences as stipulated in the Presidential, Parliamentary, and Local Government Elections (PPLGE) Act. These offences include those related to voter registration, nominations, campaigning, voting, and election results.

He stressed that electoral offences are serious crimes, with punishments including fines of up to K10,000,000 and imprisonment for up to five years.

“It must always be remembered that elections tend to be highly emotive. As such, electoral dispute resolution must be handled with heightened care, independently and impartially, with regard only to legally relevant facts and prescriptions of law,” he added.

The training aimed at providing magistrates with the knowledge and skills necessary to manage electoral disputes efficiently. The Chief Justice urged the participating magistrates to engage actively in the training, as their role in delivering justice in electoral cases is vital in upholding democratic principles.

On her part, Justice Annabel Mtalimanja, Chairperson of the Malawi Electoral Commission, underscored the importance of a well-functioning judicial system in the electoral process. She noted that courts serve as the final arbiter in electoral disputes and that their decisions significantly impact public perception of election credibility.

“The Malawi Electoral Commission considers the role of the courts in election dispute resolution to be of particular importance. Once the court makes its pronouncement on an electoral dispute, the matter is generally considered resolved. This has been the case since the advent of electoral democracy in 1994,” said Justice Mtalimanja.

She further noted that when election disputes are referred to courts, tensions among voters are significantly reduced as the public awaits judicial decisions. The judiciary, therefore, plays a key role in maintaining peace and order during election periods.

“The Commission has immensely benefited from the guidance given by the courts in judicial pronouncements on electoral matters. The judiciary is an integral part of the election dispute resolution framework and must be considered as such in its formulation,” she stated.

Justice Mtalimanja also highlighted the need for continued collaboration between the MEC and the judiciary in addressing electoral offences. She proposed that more sessions be conducted in the lead-up to the 2025 elections, potentially involving key electoral stakeholders such as the Malawi Law Society and political parties.

“In previous sessions like this, we learned valuable lessons that went beyond judicial functions. Handling election disputes calls for preparation of judicial officers in both capacity, psychosocial, and security aspects. The MEC is available to collaborate with the judiciary in resource mobilization, training sessions, and other capacity-building efforts to ensure election disputes are managed as efficiently as possible,” she said.

The MEC Chairperson further elaborated on the Commission’s Electoral Dispute Resolution Framework, which defines the roles of various stakeholders, including the police, the Director of Public Prosecutions, and the judiciary. This framework is expected to facilitate smooth handling of election-related complaints and disputes during the 2025 General Elections.

As the country gears up for the 2025 General Election, the MEC and the Judiciary have reaffirmed their commitment to ensuring that electoral offences are addressed in accordance with the law. The training marks an important step in strengthening Malawi’s electoral justice system, ensuring that all electoral disputes are handled fairly and impartially.

The training is expected to enhance the capacity of magistrates in managing electoral offences, thereby fostering public trust in the electoral and judicial processes. As preparations for the 2025 elections continue, stakeholders hope that such initiatives will contribute to free, fair, and credible elections in Malawi.