Malawi Polls:  Testing the Country's Institutions | Voice of America - English
/*-->*/  /*-->*/  /*-->*/  */  /*-->*/  /*-->*/ In Malawi, some members of the opposition have expressed concern that next week's elections may not be free and fair.  They say, for example, that the government failed to consult with parliament in naming the members of the electoral commission, which critics say is made up largely of supporters of President Bingu wa Mutharika.
Dimpho Motsamai, a researcher for the Institute for Global Dialogue inJohannesburg,says she's watching issues that could undermine the validity of the polls. One of her concerns involve allegations that Malawi's parties have not respected electorallaws, Supreme Court rulings and the constitution. She says in the 2004elections, critics accused the electoral commission of favoring the winningparty, the United Democratic Front, UDF. This year, she says, the commission is again the center of controversy. The opposition accuses PresidentBingu wa Mutharika of not following the legal procedures in appointing the board. The president has the power toappoint commission members, but only after consulting with the political parties inparliament. "It seems when thefinal [candidates for commissioner] were [announced by wa Mutharika]," says Motsamai, "therewas not even a single name put forward by the opposition parties in parliament. On that basis, the ruling party is perceived to have pushed for an agendathat would ensure that in some way they are favored in the .... elections." As a result, she saysthe opposition may not see the poll as valid if the ruling party wins. Motsamai says thereare sometimes no penalties when parties break the law. She says the best example of this is membersof parliament who switch parties, or "floor-cross," without due process. For example, theUnited Democratic Front party sponsored President wa Mutharika 2004. Later, heleft the UDF to form his own party, the Democratic Progressive Party, DPP.Other UDF members joined him. The UDF tried to getparliament to expel MPs who had joined the president's new party, the DPP, on the basis oflaws that bar MPs from leaving parties that sponsored their election. Ifsuccessful, the expulsions would enable the two main opposition parties, the UDFand MCP, to form a two-thirds majority in parliament -- enough toimpeach President Mutharika and effectively remove him from power.However, President Mutharika responded with court injunctions that preventedthe speaker of parliament from expelling the MPs. The opposition arguesthat the court injunction restraining the speaker of parliament Louis Chimango,from declaring the defectors' seats vacant and expelling them is anti-democratic and unconstitutional. The defections have continued. "This is a trend inMalawi," says Motsumai, "one [MP] defecting to another [party]. You can notspeculate who would have a real majority because the politics are so volatile." Motsomai says theproblem could be solved next week with what she calls the "legitimate" electionand appointment of MPs. But the issue of how to address those who defect inthe future still remains. The election maydetermine the future of the alliance between two of the country's three largestparties, the UDF and the MCP. The Supreme Court hasruled that former president Bakili Muluzi, who served for two terms until 2004,cannot run again for president. As a result, he led his United Democratic Frontinto an alliance with the Malawi Congress Party, which had ruled the countryfor decades under former dictator Hastings Kamuzu Banda. In next week'selections, Muluzi has promised he and the UDF will support MCP candidate JohnTembo for president. "The alliancehas confused Malawians," says Motsamai. "The parties have twodifferent manifestos and it was an expedient arrangement and one wonders if itwill be sustained over and beyond these elections?it has the potential toconsolidate more of the electorate in the particular provinces. So it doesraise the prospect of a very contested election." Motsamai says all of these tensions could lead to adisputed election, and to the weakening of the Malawi's democraticinstitutions. On the other hand, successful polls would help consolidatedemocracy in Southern Africa.