Domestic Election Observers and Electoral Fraud in Malawi's 2014
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Can African States Conduct Free and Fair Presidential Elections? Edwin Odhiambo Abuya
Northwestern Journal of International Human Rights Volume 8 | Issue 2 Article 1 Spring 2010 Can African States Conduct Free and Fair Presidential Elections? Edwin Odhiambo Abuya Follow this and additional works at: http://scholarlycommons.law.northwestern.edu/njihr Recommended Citation Edwin Odhiambo Abuya, Can African States Conduct Free and Fair Presidential Elections?, 8 Nw. J. Int'l Hum. Rts. 122 (2010). http://scholarlycommons.law.northwestern.edu/njihr/vol8/iss2/1 This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Northwestern Journal of International Human Rights by an authorized administrator of Northwestern University School of Law Scholarly Commons. Copyright 2010 by Northwestern University School of Law Volume 8, Issue 2 (Spring 2010) Northwestern Journal of International Human Rights Can African States Conduct Free and Fair Presidential Elections? Edwin Odhiambo Abuya* Asiyekubali kushindwa si msihindani.1 I. INTRODUCTION ¶1 Can African States hold free and fair elections? To put it another way, is it possible to conduct presidential elections in Africa that meet internationally recognized standards? These questions can be answered in the affirmative. However, in order to safeguard voting rights, specific reforms must be adopted and implemented on the ground. In keeping with international legal standards on democracy,2 the constitutions of many African states recognize the right to vote.3 This right is reflected in the fact that these states hold regular elections. The right to vote is fundamental in any democratic state, but an entitlement does not guarantee that right simply by providing for elections. -
Democratic Trajectories in Africa: Unravelling the Impact of Foreign Aid 3
number 7, 2013 Overview When, why and how has foreign aid Democratic Trajectories in facilitated, or hindered, democracy in recipient countries? Focusing on sub- Saharan Africa, this policy brief examines Africa: Unravelling the Impact the impact of foreign aid on supporting transitions from one-party to multi- of Foreign Aid party regimes, preventing democratic breakdown and the erosion of civil liberties, enhancing vertical and horizon- ver the last decade, sub-saharan africa has tal accountability, and enabling competi- experienced impressive economic growth and witnessed the emergence of a tive political party systems. Particular O nascent middle class. Nevertheless, for a number of African governments, foreign attention is given to the trade-offs and aid continues to represent a vital source of finance to provide public goods and complementarities between different services. While aid certainly plays a role in shaping development outcomes in types of foreign aid, namely democracy Africa, this policy brief focuses on its impact on general political governance and assistance and economic development aid. Select policy recommendations are specifically democracy. As highlighted in a declaration at the conclusion of the offered to improve aid effectiveness at 2011 Fourth High-Level Forum of Aid Effectiveness, “promoting human rights, bolstering democratic trajectories democracy, and good governance” are viewed as integral to the efforts of the inter- 1 within the region. national donor community. The relationship between aid and democracy is especially relevant in Africa due to the region’s still high level of aid dependence and its relatively short experi- Written by Danielle Resnick ence with democracy. Official development assistance (ODA) to all of Africa as a © United Nations University, 2013 share of gross national income (GNI) has declined from 6.2 to 4.9 per cent over ISBN 978-92-808-3109-2 the period from 1990 to 2009. -
Government & Politics Corr
1 CONCEPTUAL AND CONTEXTUAL BACKGROUND Augustine Titani Magolowondo INTRODUCTION This book is about Government and politics in Malawi. The diversity of issues that are discussed in the subsequent chapters bears testimony to the complexity of this subject matter. The aim of this first chapter is twofold. First, as you may have probably experienced in our daily discourse, the terms Government and politics are often confused with other key terms such as state and nation. As a starting point, this chapter clarifies these related concepts, which are inherently connected but yet conceptually distinct. Second, the discussion in this chapter aims at providing the context within which politics and Government in Malawi operate. In this regard, I look at both the political history and key socio-economic characteristics of Malawi. Finally, I discuss challenges facing Malawi’s politics and Government today. WHAT IS POLITICS? The concept of politics is as old as Government itself. Aristotle, the Greek philosopher (384–322 BC) argued that ‘man is by nature a political animal’. What was meant is that politics is not only inevitable but also essential to human activity. In other words, wherever there are human beings, politics is unavoidable. However, much as Aristotle’s maxim has become almost indisputable among the students of politics, there is no consensus on what exactly is to be understood by politics. To appreciate the conceptual complexity of politics, let us consider for instance the 2000 constitutional amendment to Section 65 of the Malawi Constitution (popularly called the ‘crossing of the floor’ provision). This amendment was to result in any member of Parliament (MP) losing his/her seat should he/she join 1 GOVERNMENT AND POLITICS IN MALAWI any organisation whose objectives were deemed to be political in nature. -
Journal of African Elections
JOURNAL OF AFRICAN ELECTIONS Volume 19 Number 2 Oct 2020 remember to change running heads VOLUME 17 NO 1 i Journal of African Elections EDITOR Denis Kadima ARTICLES BY Joseph Olusegun Adebayo Blessing Makwambeni Colin Thakur Jamil Ddamulira Mujuzi Mwiza Jo Nkhata Janet Cherry Gary Prevost Beauty Vambe Sipho Mantula Limukani Mathe Arthur Fidelis Chikerema Ogochukwu Nzewi Volume 19 Number 2 October 2020 i ii JOURNAL OF AFRICAN ELECTIONS Published by EISA 14 Park Road, Richmond, Johannesburg, South Africa P O Box 740, Auckland Park, 2006, South Africa Tel: +27 (0) 11 381 6000 Fax: +27 (0) 11 482 6163 e-mail: [email protected] © EISA 2020 ISSN: 1609-4700 (Print) ISSN 2415-5837 (Online) v. 19 no. 2: 10.20940/jae/2020/v19i2 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the written permission of the publisher Printed by: Corpnet, Johannesburg Cover photograph: Reproduced with the permission of the HAMILL GALLERY OF AFRICAN ART, BOSTON, MA, USA remember to change running heads VOLUME 17 NO 1 iii EDITOR Denis Kadima, EISA, Johannesburg MANAGING EDITOR Heather Acott EDITORIAL BOARD Chair: Denis Kadima, EISA, South Africa Cherrel Africa, Department of Political Studies, University of the Western Cape, South Africa Jørgen Elklit, Department of Political Science, University of Aarhus, Denmark Amanda Gouws, Department of Political Science, University of Stellenbosch, South Africa Roukaya Kasenally, Department of Social Studies, University of Mauritius, Mauritius Abdul Rahman Lamin, UNESCO Regional Office for Eastern Africa, Nairobi, Kenya Tom Lodge, Department of Politics and Public Administration, University of Limerick, Ireland Khabele Matlosa, Political Affairs Department, African Union Commission Roger Southall, Department of Sociology, University of the Witwatersrand, South Africa and Research Associate in Political Studies, University of Cape Town. -
Politics, Democracy and Governance in Independent
POLITICS, DEMOCRACY AND GOVERNANCE IN INDEPENDENT MALAWI: The dichotomy between promises and reality Art of Larisa: Mask from Malawi By WEBSTER SIAME KAMEME A Dissertation submitted to The University of Birmingham in partial fulfilment of the requirements for the Degree of MASTER OF PHILOSOPHY Centre of West African Studies School of History and Cultures College of Arts and Law The University of Birmingham January 2011 1 POLITICS, DEMOCRACY AND GOVERNANCE IN INDEPENDENT MALAWI: The dichotomy between promises and reality MASTER OF PHILOSOPHY Dissertation By WEBSTER SIAME KAMEME 2 Table of Contents Table of Contents ……………………………………………………….. 3-6 Acronyms ……………………………………………………………….. 7 Dedication ……………………………………………………………….. 8 Acknowledgements ……………………………………………….. 8 Abstract ……………………………………………………………….. 9 Chapter 1: Introductory ……………………………………………….. 10 1.0 Introduction ……………………………………………………….. 10 1.1 Background information ……………………………………….. 11 1.2 Objectives and Scope of Research ……………………….. 15 1.3 Conclusion ……………………………………………………….. 16 Chapter 2: Review of Literature ……………………………………….. 17 2.0 Introduction ……………………………………………………….. 17 2.1 The Politics of Democracy in Contemporary Malawi ……….. 17 2.2 Parliamentary Politics and Accountability ……………….. 19 2.2.1 Legitimisation ……………………………………….. 19 2.2.2 Political Accountability ……………………………….. 20 2.2.3 Abuse of Political Power ……………………………….. 21 2.3 Parliamentary Democracy ……………………………………….. 22 2.3.1 The will of the people ……………………………….. 23 2.3.2 Authority of Government ……………………………….. 24 2.4 Critical issues of governance in Malawi Parliament ……….. 25 2.4.1 Accountability of Parliament and its Members ……….. 27 2.4.2 The importance of transparency ……………………….. 29 2.4.3 Parliament and the rule of law ……………………….. 30 2.4.4 Participatory Democracy ……………………………….. 31 2.4.5 Consensus ……………………………………………….. 33 2.4.6 A responsive Parliament ……………………………….. 34 2.5 The dichotomy between regime and state ………………. -
Politics of Judicial Independence in Malawi
Politics of Judicial Independence in Malawi Freedom House Report prepared by Rachel Ellett, PhD Contents List of Acronyms 3 Acknowledgments 4 Executive Summary 5 Summary Assessment Table 8 Part I: Introduction 12 A Report Structure 12 B Methodology 12 C Background to the Study 13 D Politics and the Malawian Judiciary 1993-2013 16 Part II: Assessing Judicial Independence in Malawi 26 A Scope of Judicial Power 26 B Differentiation and Separation of Powers 29 C Internal Institutional Safeguards 36 D Transparency 48 E External Institutional Support 50 Part III: Analysis of Judicial Interference 55 A Manipulation of Personnel 56 B Institutional Assaults 56 C Personal Attacks on Judges 59 D Budget Manipulation Resources/Remuneration 62 E Attempted Co-option of Judges 63 Conclusion 64 Annex I: Summary of Existing Policy Reports on the Courts and Rule of law in Malawi 65 Endnotes 68 2 List of Acronyms AFORD Alliance for Democracy CILIC Civil Liberties Committee DPP Democratic Progressive Party HRCC Human Rights Consultative Committee MBC Malawi Broadcasting Corporation MCP Malawi Congress Party MEC Malawi Electoral Commission MLS Malawi Law Society PP People’s Party NDA National Democratic Alliance UDF United Democratic Front 3 Acknowledgments I would like to thank the many individuals who gave their time and consent to sit down for extensive one-on-one interviews in Johannesburg and Blantyre. These frank and detailed conversations generated significant insight and detailed and specific information, without which this report would be substantially diminished. Additionally I’d like to recognize the logistical and editorial support of the Freedom House Johannesburg and Washington DC offices and in particular the collegiality and support of Cathal Gilbert and Juliet Mureriwa. -
MALAWI HELD on 20Th MAY 2004
RREEPPOORRTT OOFF TTHHEE AAFFRRIICCAANN UUNNIIOONN OOBBSSEERRVVEERR TTEEAAMM OONN TTHHEE PPRREESSIIDDEENNTTIIAALL AANNDD PPAARRLLIIAAMMEENNTTAARRYY EELLEECCTTIIOONNSS IINN TTHHEE RREEPPUUBBLLIICC OOFF MMAALLAAWWII HHEELLDD OONN 2200tthh MMAAYY 22000044 REPORT OF THE AFRICAN UNION OBSERVER TEAM ON THE PRESIDENTIAL AND PARLIAMENTARY ELECTIONS IN THE REPUBLIC OF MALAWI HELD ON 20th MAY 2004 I.0 INTRODUCTION 1.1 In consideration of the principles and objectives of the African Union enshrined in the Constitutive Act of the Union, particularly in its Articles 3 and 4 and on the basis, inter-alia, of: · The Algiers Decision of July 1999 and the Lome Declaration of July 2000 on the Framework for an OAU Response to Unconstitutional Changes of Government, which laid down a set of common values and principles for democratic governance; · The CSSDCA Solemn Declaration of Lome, adopted in July 2000, which underpins the OAU’s Agenda for promoting democracy and democratic institutions in Africa; · The African Charter on Human and Peoples’ Rights, adopted in June 1981 which recognized the right of every citizen to participate freely in the government of his/her country whether directly or through democratically elected representatives; · The African Charter for Popular Participation in Development, adopted in July 1990, which emphasized the need to involve the people of Africa in the spheres of economic and political governance. 1.2 Cognisant of the fact that each Member State has the sovereign right to choose its political system in accordance with the will of its people and in conformity with the Constitutive Act of the Union and the universally accepted principles of democracy, the Organization has continued to play an ever-growing role in the observation/monitoring of elections in the Continent. -
Political Parties: Development and Change in Malawi
EISA gratefully acknowledges the generous financial support for this project from the Royal Danish Embassy, Pretoria; the Embassy of Finland, Pretoria; and the Swedish International Development Agency (SIDA), Harare. POLITICAL PARTIES: DEVELOPMENT AND CHANGE IN MALAWI EMBASSY OF Swedish International Tanzania DANIDA FINLAND Development Agency Zambia MALAWI Lilongwe Mozambique Zimbabwe ISBN 1-920095-26-8 Nandini Patel 9781920 095260 Order from: [email protected] EISA RESEARCH REPORT No 21 EISA RESEARCH REPORT NO 21 i POLITICAL PARTIES: DEVELOPMENT AND CHANGE IN MALAWI ii EISA RESEARCH REPORT NO 21 EISA RESEARCH REPORT NO 21 iii POLITICAL PARTIES: DEVELOPMENT AND CHANGE IN MALAWI BY NANDINI PATEL 2005 iv EISA RESEARCH REPORT NO 21 Published by EISA 2nd Floor, The Atrium 41 Stanley Avenue, Auckland Park Johannesburg, South Africa 2006 P O Box 740 Auckland Park 2006 South Africa Tel: 27 11 482 5495 Fax: 27 11 482 6163 Email: [email protected] www.eisa.org.za ISBN: 1-920095-26-8 EISA All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of EISA. First published 2005 EISA is a non-partisan organisation which seeks to promote democratic principles, free and fair elections, a strong civil society and good governance at all levels of Southern African society. –––––––––––– ❑ –––––––––––– Cover photograph: Yoruba Beaded Sashes Reproduced with the kind permission of Hamill Gallery of African Art, Boston, Ma USA EISA Research Report, No. 21 EISA RESEARCH REPORT NO 21 v ABOUT THE AUTHOR DR NANDINI PATEL is a senior lecturer in Political Science at Chancellor College, University of Malawi and is also coordinator of the Conflict Resolution Centre at Chancellor College. -
AIDS and Elections in Southern Africa: Is the Epidemic Undermining Its Democratic Remedy?1 Per Strand
Aids & elections6.qxd 2005/06/30 01:27 PM Page 1 AIDS and elections in Southern Africa: Is the epidemic undermining its democratic remedy?1 Per Strand ISS Paper 110 • July 2005 Price: R10.00 In theory, democratic elections are an important be unethical and unrealistic not to analyse the data political process that help to determine the success available (however sketchy it sometimes is), so long or failure of a country’s overall political response to as the necessary caveats are stated clearly. the HIV/AIDS epidemic. For political parties, election campaigns offer opportunities to raise awareness If the effect of HIV/AIDS on elections is not and spread information about HIV/AIDS, while explored, the virus may count among its victims this competing for votes on the basis of how they would institutionalised opportunity for democratic fight the epidemic if elected. For voters, elections are deliberation and decision making. In order to avoid an opportunity to reward the governing party for a any long-term detrimental effects of the impact of job well done – or to hold that party accountable for HIV/AIDS on the electoral process, we need to act mistakes and inefficiencies that will cost lives and swiftly based on the (albeit limited) knowledge that destroy communities. In reality, however, there is we have. evidence to suggest that the very nature and scale of the HIV/AIDS epidemic is undermining This paper explores the links between its democratic remedy. HIV/AIDS and electoral processes in Southern Africa. It begins by examining Some 20 years into the global HIV/AIDS is not the implications of HIV/AIDS for pandemic, the issue of HIV/AIDS has only a central policy democracy and governance generally. -
Election Update 2004 Malawi
ELECTION UPDATE 2004 MALAWI number 1 · 28 april 2004 contents Constitutional Perspective Constitutional and Institutional Context 1 Pre –Elections Political Setting 7 Local Government Elections 10 Presidential Open Term Bill 13 Political Parties 15 National Elections Consultative Forum 19 Published with the assistance of NORAD and OSISA CONSTITUTIONAL PERSPECTIVE CONSTITUTIONAL held by Rhodesia and elections held as such. On 6 & INSTITUTIONAL Nyasaland. The Malawi July 1964, Nyasaland Congress Party (MCP) won became the independent state CONTEXT all the seats and thereafter, of Malawi. After attaining Background its leader, Dr. Kamuzu independence in 1964, Banda, consolidated his Malawi installed a In 1962, Malawi, then called authoritarian leadership. In parliamentary system of Nyasaland had its first April 1964, all members of government. A new multiparty elections. This the Parliament were returned Constitution was introduced was in fact, a referendum unopposed and there were no in 1966. This new constitutional arrangement scheduled for May 1994 was powers in the hands of the led to the abolition of both passed. A National President. the parliamentary system and Consultative Council was set the multiparty system. All up to make The President is directly constitutional powers were recommendations to the elected by the people for a vested in Dr. Banda as Parliament on the new term of five years, renewable executive State President, a electoral laws and for another term by popular position he held from 1971 procedures, constituency election. He is both the Head to 1992. The end of the Cold boundaries, and drafting a of State and Head of War and the Wind of Change new Constitution that would Government. -
Malawi 2019 Elections Case Judgement.Pdf
THE REPUBLIC OF MALAWI IN THE HIGH COURT OF MALAWI LILONGWE DISTRICT REGISTRY CONSTITUTIONAL REFERENCE NO.l OF 2019 BETWEEN DR. SAULOS KLAUS CII1LIMA..................................................................jsi pETrnoNER DR. LAZARUS MCCARTHY CHAKWERA 2XD PETITIONER -AND- PROFESSOR ARTHUR PETER MUTHARIKA................ ...................^RESPONDENT ELECTORAL COMMISSION................................................ ........ .. RESPONDENT MALAWI LAW SOCIETY................................................................... 1ST AMICUS CURIAE WOMEN LAWYERS ASSOCIATION............................................... 2’S° AMICUS curiae CORAM: HONOURABLE JUSTICE H. POTANI HONOURABLE JUSTICE I. KAMANGA HONOURABLE JUSTICE D. MADISE HONOURABLE JUSTICE M. TEMBO HONOURABLE JUSTICE R. KAPINDU 1 Mr. Chilenga, Counsel for 1st Petitioner Dr Silungwe, Counsel for 1st Petitioner Mr. Mwale, Counsel for 1st Petitioner Mr. Then, Counsel for 1st Petitioner Mr. Soko, Counsel for 1st Petitioner Mr. Msisha SC, Counsel for 2nd Petitioner Mr. Mvalo, Counsel for 2nd Petitioner Mr. Likongwe, Counsel for 2nd Petitioner Mrs. Ottober, Counsel for 2nd Petitioner Mr. Songea, Counsel for 2nd Petitioner Mr. Nita, Counsel for 2nd Petitioner Mr. Mhone, Counsel for 2nd Petitioner Mr. Ndalama, Counsel for 2nd Petitioner Mr. Tembenu, SC; Counsel for 1st Respondent Mr. Mhango, Counsel for 1st Respondent Mr. Kanyenda, Counsel for 1st Respondent Mr. M’meta, Counsel for 1st Respondent Mr. Mbcta, Counsel for 1 st Respondent Mr. Masanje, Counsel for 1st Respondent Mr. Gondwe, Counsel for 1st Respondent Hon. Kaphale SC, The Attorney General, Counsel for 2nd Respondent Dr Kayuni, Attorney General Chambers Mrs. Michongwe, Attorney General Chambers Mr. Chisiza, Attorney General Chambers Mr. Chokotho, Counsel for the 2nd Respondent (Lead Counsel) Mr. Banda, Counsel for the 2nd Respondent Mr. Msowoya, Counsel for Malawi Law Society (Amicus Curiae) Mr. Nkhutabasa, Counsel for Malawi Law Society (Amicus Curiae) Dr. -
Democratic Transition in Madagascar, Malawi and Mozambique
DEMOCRATIC TRANSITION IN MADAGASCAR, MALAWI, AND MOZAMBIQUE THESIS Presented to the Graduate Council of Texas State University-San Marcos in Partial Fulfillment of the Requirements for the Degree Master of ARTS by Hans M. Rakotomanga, M.A. San Marcos, Texas December, 2011 DEMOCRATIC TRANSITION IN MADAGASCAR, MALAWI, AND MOZAMBIQUE Committee Members Approved: __________________________ Dr. Robert Gorman, Chair __________________________ Dr. Edward Mihalkanin __________________________ Dr. Augustine Agwuele Approved: ___________________________ J. Michael Willoughby Dean of the Graduate College COPYRIGHT By Hans Rakotomanga 2011 FAIR USE AND AUTHOR’S PERMISSION STATEMENT Fair Use This work is protected by the Copyright Laws of the United States (Public Law 94-553, section 107). Consistent with fair use as defined in the Copyright Laws, brief quotations from this material are allowed with proper acknowledgement. Use of this material for financial gain without the author‟s express written permission is not allowed. Duplication Permission As the copyright holder of this work I, Hans Rakotomanga, authorize duplication of this work, in whole or in part, for educational or scholarly purposes only. ACKNOWLEDGEMENTS First and foremost, I would like to acknowledge Mr. Roland Bordelon; the man who had the vision of bringing a Malagasy student to the United States in the quest for higher education. Secondly, I would like to thank my family back in Madagascar along with my new American friends and family in Louisiana and Texas. Their continued support helped me achieve this research. And lastly, this thesis would have not been completed without the help of my research committee members: Dr. Robert Gorman, Dr. Edward Mihalkanin, and Dr.