Malawi: Code of conduct

Updated June 2006

The Parliamentary and Presidential Elections Act (1993, 61(2)) tasks the Electoral Commission with the establishment of a code of conduct binding on political parties in their conduct of election campaigns. Accordingly the Electoral Commission of Malawi (undated) has issued the Presidential, Parliamentary and Local Government Elections: Political Party Code of Conduct ("Code"). The Code is legally binding as a regulation issued by the Electoral Commission and can be enforced through legal sanctions.

The purpose of the Code is "to promote conditions that are conducive to a free and fair election that include tolerance for democratic debate and political activity and for the free expression of individual opinions and beliefs" (Section 1).

Public commitments

All political parties, candidates, members and supporters are expected to display, advertise and promote the code (Section 2). Parties and candidates are expecteed to abide by the Code, to instruct there members, supporters and officials to abide by it and to enforce it on them (Section 3). They must also publically declare the right of all to:

  • Freedom of beliefs.
  • Debate the views of others and present alternatives.
  • Publish, distribute and post campaign materials.
  • Erect banners, billboards, placards and posters.
  • Canvas for support.
  • Recruit members.
  • Hold public meetings and rallies.
  • Travel and attend public events.

Parties must commit themselves to accept the results of the elections or to challenge them in court (section 7).

Meetings

Parties or candidates must inform the police and the local authorities of the times and venues of public events to enable traffic control and maintenance of peace and order (Section 5(1)). They must ascertain before hand if there are any restrictions in force and comply with them scrupulously or apply for exemption timeously (Section 5(2)). Organisers may not deal with disruptors of meetings themselves, but seek the intervention of the police (Section 5(3)). Parties are prohibited from organising public events close to one another on the same day (Section 5(4)).

Prohibitions

Parties and candidates are prohibited from using official positions to campaign and in particular from the use of official visits by government officials or state transport for electioneering (Section 6 (i)). Public facilities such as meeting venues and helicopters must be made available to all parties on the same terms as the party in power (Section 6 (ii)).

The use of state funds to finance adverts in the mass-media and the use of state owned media for partisan election coverage is prohibited (Section 6 (iii)). From the time that elections are announced candidates, parties, Ministers and other authorities are prohibited from (Section 6 (iv-v)):

  • Announcing the paying grants out of discretionary funds.
  • Laying foundation stones for projects.
  • Promising infrastructure developments.
  • Making ad hoc appointments aimed at influencing voter behaviour.
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References

PARLIAMENTARY AND PRESIDENTIAL ELECTIONS ACT 31 OF 1993.

ELECTORAL COMMISSION OF MALAWI UNDATED, "Presidential, Parliamentary and Local Government Elections: Political Party Code of Conduct".

 
 

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