Malawi: Code of conduct (continued)

Only candidates and authorised agents are permitted in polling stations (Section 6 (vi)). Further measures include prohibitions on (Section (vi)):

  • Acts forbidden by the Constitution or electoral laws.
  • Language or behaviour that incites violence or intimidation.
  • The publication of defamatory material.
  • Discrimination on the basis of race, ethnicity, gender, class or religion.
  • The abuse of social, economic or political power to influence voter behaviour.
  • The defacement or removal of election material.
  • The toleration of any form of intimidation or violence.
  • Interference with the police in the performance of their duties.

Cooperation

Parties are enjoined to cooperate with one another and to appoint officials to deal with problems as they arise (Section 9(1)). Parties must further cooperate with law enforcers in recovering weapons of violence and the arrest of their possessors (Section 9(2)). Parties and candidates must ensure freedom of access to opponents to private and public property (Section 10).

Parties must cooperate with the Electoral Commission by (Section 11):

  • Recognising the authority and duty of the Commission to conduct free and fair elections and to issue the Code.
  • Implementing the decisions of the Commission and its agents.
  • Facilitating access by the Commission or its representatives to public events.
  • Cooperating with investigations of the Commission.
  • Ensuring the safety of the Commission members or its agents in the performance of their duties.
  • Ensuring that opponents can freely attend meetings called by the Commission.

Parties and candidates are expected to recognise the role that the media plays at election time, to allow access of the media to public events and to ensure that members of the media are not subjected to harassment, intimidation, danger, threat or assault (Section 12).

Enforcement

Parties and candidates must accept the right of the Commission to enforce the Code through (Section 13):

  • Negotiation, conflict resolution and Multiparty Liaison Committees.
  • The issuing of warnings, directives and cease and desist orders.
  • The imposition of reasonable fines.
  • The disqualification of parties or candidates.
  • The enforcement of penalties prescribed in election law.

Parties that are aggrieved by a fine or a disqualification may appeal against the sanction to the High Court within seven days of its imposition.

Section 14 of the Code reiterates the electoral offences laid out in the Parliamentary and Presidential Elections Act (1993, 115-116).

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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".

 
 

Political parties