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The Catholic Commission for Justice and Peace (CCJP) and the Malawi Electoral Support Network (MESN) disagree with the Democratic Progressive Party’s (DPP) decision to go to court to challenge the electoral system which uses the National Identity Card as the only form of identification in the voter registration process.
DPP spokesman Shadrick Namalomba announced yesterday that their lawyers are preparing to challenge the Presidential, Parliamentary and Local Government Act, which provides for the use of identity cards as the only form of identification, which they say is a bad law.
However, in an interview, CCJP National Coordinator Boniface Chibwana criticised the DPP’s move, saying the electoral process should be as consultative and inclusive as possible to ensure that the views of all stakeholders are taken into account.
Chibwana said: “The process went through parliament and we believe parliament is a representative body. We consulted before this legislation was enacted.
“It would be wise to test the system first and if there are significant challenges that result in large numbers of people being disenfranchised, then perhaps we can look at other options.”
He also said that the training sessions conducted by MEC for EMDs were a good step towards making the process more efficient.
Andrew Kachaso, coordinator of the Malawi Election Support Network, agreed with Chibwana, saying that while the electoral process must be consultative, it would be unwise to abandon voter eligibility criteria before even trying.
“Any changes to this requirement will need to follow legal procedures. But it is generally recommended not to introduce or amend laws on the eve of an election in order to maintain stability and consistency in the electoral process,” he said.
Cachaso also noted that if the political parties that passed the electoral law now seek to amend or adopt alternative identification methods, it suggests that they have identified potential problems or loopholes in the legislation that need to be addressed and potentially reviewed in future elections.
The Malawi Bar Society (MLS) in a previous communiqué stated that while Section 77 of the Constitution gives everyone the right to vote in any general election, any impediment to the realization of that right is contrary to the principles of liberal democracy, indicating that they do not agree with limiting proof of eligibility to the national identity card.
The NRB insists that every eligible voter, including 2.2 million potential new voters, should be issued a national identity card before registering to vote.
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