The Society of Malawi Journal THE 2009 GENERAL ELECTIONS: PROCESS, RESULTS AND LESSONS Malawians exercised their democratic rights by

THE 2009 GENERAL ELECTIONS: PROCESS, RESULTS AND LESSONSAuthor(s): Paul Chiudza BandaReviewed work(s):Source: The Society of Malawi Journal, Vol. 63, No. 2 (2010), pp. 4-14Published by: Society of Malawi - Historical and ScientificStable URL: http://www.jstor.org/stable/29783617 .

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The Society of Malawi Journal

THE 2009 GENERAL ELECTIONS: PROCESS, RESULTS AND LESSONS

Paul Chiudza Banda

Introduction On May 19, 2009, Malawians exercised their democratic rights by

voting in a fourth General Election since the re-introduction of multi-party democracy in 1993. The major stakeholders in these elections were political parties, independent candidates, the Electoral Commission and indeed the civil

society at large. In the presidential race, there were seven contestants, namely; Dr. Bingu wa Mutharika, representing the Democratic Progressive Party (DPP); Mr. John Z.U. Tembo, representing the electoral alliance involving the

Malawi Congress Party (MCP) and United Democratic Front (UDF); Mr. Dindi Gowa Nyasulu, representing the Alliance for Democracy (AFORD); Miss Loveness Gondwe, representing the New Rainbow Coalition (NARC); Mr. Stanley Masauli, representing the Republican Party (RP); Mr. Kamuzu Chibambo, representing the Peoples' Transformation Party (PETRA); and Mr. James Nyondo, who contested as an independent candidate. The parliamentary contest also involved a number of independent candidates and the parties mentioned above, and other political parties such as the Peoples' Progressive Movement (PPM), Malawi Forum for Unity and Development (MAI UN DE), and many others who did not field a presidential candidate.

This paper gives a general overview of what transpired in the run-up to the

elections; during the actual voting process and also what immediately happened after the results of the elections were announced. Special focus will also be made to analyze the role played by the Electoral Commission (EC), a

body responsible for handling all electoral issues in the country. In the end, the

paper will also suggest what could be deemed to be some of the lessons that one would get from the entire electoral process.

I.I Methodology This was a country-wide study, aimed at analyzing the electoral process,

in the way it affected individuals and political parties, and also how the electoral process was affected by individuals and political parties. It also involved an analysis of the role played by the Electoral Commission

throughout the entire electoral process. The data used in this study came from both primary and secondary



I he 2009 ueneral elections 5

analyzed qualitatively. However, in other instances, quantitative analysis was

used especially where tables have been used. But such tables have also been followed by an explanation.

1.2 Setting the context

Since the landmark 1993 National Referendum, which paved the way for the reintroduction of multi-party democracy, the country's political system has been characterized by general elections that are held after every five years. This has served as one way of consolidating the country's democracy since elections are viewed as a hallmark of democratic politics. This is so because

democracy is a system of political organization that is based on the assumption that all eligible citizens have the right to participate in shaping the face of the

society in which they live (i.e. by voting, citizens are provided with a unique opportunity to indicate their interests and concerns). Elections also provide opportunities for die citizens (the electorate) to make a retrospective assessment of the performance of those in power (both in government and

opposition).1 According to Adejumobi (2000), since the inception of democratic

politics, especially in its libertarian form, elections are a core variable, such that in some instances, liberal democracy has been equated with the

phenomenon of elections: whereby the electorate is given die opportunity to either accept or refuse those who are to rule them.2

Sorensen (1993) also noted that among the key properties or elements of liberal democracy include key issues such as that of political participation of the citizens; the competition among political agents (especially political parties); and granting of a host of civil and political liberties which include freedom of expression, association and die press, sufficient to ensure the

integrity of political competition and participation.3 One thing worth taking note of from Sorensen's analysis is that all the

three elements are related in one form or the other to the phenomenon of elections. Such that, elections constitute, perhaps the most important element in the conception and practice of liberal democracy. Basing on this

conceptualization, one would thus conclude that the country's democratization

process is going in the right direction. However, as earlier studies have indicated and as this study also indicates, this does not mean that the elections held since 1993 have been perfect throughout.

L3 The Administration of the Electoral Process: The Role of the Electoral

Commission

Sections 75 and 76 of the country's Constitution adopted in 1994, allow for the establishment of an Electoral Commission to oversee the electoral

process, and also to ensure that there is free and fair competition by die



6 The Society of Malawi Journal

contestants (or aspirants to various positions). It is also the role of the Commission to ensure that the electoral process is regulated by constitutional rules, legislation and norms governing the behaviour of all the actors in the

process.4 The 1998 Electoral Commission Act (ECA) empowers the EC to handle

the following tasks: determining of constituency boundaries; the registration of voters; the registration of candidates; the regulation of electoral campaigns; the

handling of the voting process on an election day; the tabulating and

announcing of the results; and the handling of election complaints.5 And it is based on an analysis of these roles that one would determine how the EC handled the electoral process.

1.3.1 The Registration of Voters The exercise of registering voters started in the second half of 2008,

and it was supposed to be conducted in phases, with different areas earmarked for the different phases. This exercise demanded the use of digital cameras to

produce identity cards, and this then called for the purchase of expensive equipment to be used.

The most unfortunate thing with the equipment was its unreliability and unsuitability for local conditions. As a result, EC officials were busy repairing the gadgets, instead of being in the field registering voters. This then forced the EC to extend the registration period in most o the areas. As

highlighted by one EC official: The poor equipment has been one of our challenges during the exercise and will grossly affect our budget. We have contacted our suppliers and they are now in the country working with local technicians in dealing with the problem.6

It was only after a donation of about 870 cameras from Samsung (a South Korean Electronics Company), worth about K 14.8 Million, to help in the voter

registration exercise that the process was smoothened.7 The positive side of the exercise, however, was the feet that due to the

computerized system, the EC officials were able to catch crooks who had

registered more than once, hence minimizing cases of trickery and rigging. In late September, 2008, the EC took a number of Non Governmental

Organizations (NGOs), especially those responsible for civic education, by surprise when it announced tough conditions concerning the support it (the EC) would provide towards civic education of eligible voters. The EC announced that unlike in the last two general elections, where it gave out things like vehicles, computers and even allowances for staff in the accredited NGOs, in the run-up to the 2009 polls such type of support would not be provided. The

argument put across by the EC was that since the NGOs were already well established, with vehicles and computers, there was no need to give them more



The 2009 General Elections 7

support. This led to a massive outcry from most of the NGOs, with most of them lamenting that it was going to bring inefficiency in their operations, especially the lack of transportation to reach the rural areas.8

At the end of the registration exercise, a total of 5, 871,819 eligible voters had been registered. However, another hiccup came in when the voters went to verify their names on the voter's roll, where some of the would-be voters had their names missing.

It was due to these and other irregularities that there was a lot of voter

apathy and null and void votes than ever before in the history of elections in the country. For instance, official EC statistics indicated that a total of 1.2

million voters did not turn up to vote, while 328,662 ballots were declared null and void. The number of null and. void votes was the highest since the return of

multi-party politics in 1993.9

1.3.2 The Registration of Candidates

The registration of candidates for both the presidential and the

parliamentary race also became a debatable issue in die run-up to the 2009

polls. This came as a result of the high amount of money that one was

supposed to pay in order to be allowed to contest for either position. The

parliamentary aspirants were supposed to pay a fee of K lOO, 000.00, while the

presidential aspirants were supposed to pay a fee of K500, 000.00. In both cases, the fee was refundable upon a candidate's ability to amass five percent of the votes (i.e. the president at national level and the parliamentarians at

constituency level). The argument put across by the EC in raising the fees was that it was aimed at deterring those who were 'not serious' enough to take part as candidates. But this was an oversight of the income capacities of a majority of Malawians, most of whom could not raise the stated amount. This only made the country's politics to favour those with reliable sources of income to vie for public seats. It was thus displeasing to note that some would-be candidates pulled out of the contest way before the presentation of candidacy papers or forms.

1.33 The Regulation of the Electoral Campaign

Throughout the electoral campaign period it was clear that the EC was unable to regulate the campaign process for both political parties and

independent candidates. One notable issue was that of the use of hate speech during public rallies. There was a lot of 'name calling' and smearing during the

period and these could be aired out live national media stations, such as the Malawi Broadcasting Corporation (MBC) and Television Malawi (TVM), and also on privately owned radio stations.

There were also a number of cases of violence involving those in

government and those in the opposition, notably in Thyolo district, Machinga




district and Lilongwe district, where stoning of vehicles and physical fighting took place. Despite such incidences being highly publicized, the EC did not take any stem measures against the perpetrators.

While the EC took a commendable step in spearheading the launch of a 'Media Code of Conduct', targeting TV and Radio Stations, on how to balance electoral reporting, in the end it proved to be a tall order for the EC to enforce the agreements. Reports that were circulated in the print media showed that there was lack of balanced presentation of campaign messages. For instance, the Government funded MBC and TVM tended to favour the ruling DPP,

while some privately owned radio stations tended to favour those in the

opposition.

1.4 The Role of Political Parties

Political parties play a very crucial role in as far as the conducting of elections is concerned. Firstly, the parties come up with candidates that

participate in the elections. Secondly, patties also provide moral, financial and material support to the candidates. Parties are also responsible for providing ideologies which form the basis of the campaign message for the candidates. Parties are also responsible for mobilizing their supporters who eventually become voters on the polling day. As such, it is necessary to conduct an

analysis of how the parties organized themselves during the electoral process, as this would provide lessons as regards their future conduct. For the purposes of this paper, focus will only target the so-called major political parties in the

country, at the time of conducting the elections, and these include the UDF, MCP and DPP, mainly because of the availability of information.

1.4.1 The United Democratic Front Prom the on-set, the party seemed to be a party that was suffering

from 'historical amnesia'. Despite the fact that it had performed poorly in the 2004 General Elections, there were no signs that the party had made any effort to regain its lost glory.

For the presidential aspirant, the party made sure that there was no clear contender against the party chairperson, Dr. Bakili Muluzi. Such that

although a convention was arranged for that purpose, it was clear that Muluzi would be the presidential candidate. This was despite the fact that it was

constitutionally not yet clear whether he would be allowed to contest, having already served as the country's president for ten years, from 1994 to 2004. This issue sparked debate across the country, as to how best to interpret Section 83 (3) of the country's Constitution, which hinges on the term limits for the state

president. As such, it was always risky to have Muluzi as a candidate, at a time that even those in the legal profession could not agree on the section's

interpretation. Eventually. Muluzi was indeed barred from contesting by the



The 2009 Ueneral hlections 9

EC", just two months before the polls. This made the party to go into the polls without a presidential candidate, instead rallying behind one of the party's well-known 'sworn enemies' MCP's John Tembo. This was clearly a

'marriage of convenience' for the two parties, especially because they have different political ideologies.

For the parliamentary aspirants, there were also a number of

problems, especially in the way the party handled its primary elections. For

instance, die party's leadership could not agree on where (in which

constituencies) to conduct the primary elections. There was one view which held that primary elections should not be conducted in constituencies where there were sitting UDF MPs (as one way of thanking them for their loyalty to

the party). Then there was another school of thought which held that the party should follow democratic principles by conducting the primary polls in all constituencies. In a number of constituencies where the primary elections were

conducted it was not without controversies. It was based on this background that the UDF experienced die worst

performance in its history. The party only managed to win a meagre seventeen

(17) parliamentary seats, and also failed to qualify for state funding having failed to reach the required ten percent of the seats.

1.4.2 The Democratic Progressive Party The performance of the DPP surprised a lot of observers and political

commentators due to a number of reasons. Firstly, this was the party's biggest test since its inception in 2005 having emerged as a splinter political party from the UDF. Secondly, there were also some irregularities in the way the

party administered its primary elections. Furthermore, just like in the UDF, the

party's presidential aspirant was also not ready to face any challengers within the party.

Despite such shortfalls, being die ruling party and hence in control of

government machinery, it proved to be difficult to dislodge the DPP.

Moreover, Bingu wa Mutharika had also scored highly on ensuring that Malawi returned to its history of food security and food self-sufficiency, which

attracted a lot of rural votes. As a ruling party, the DPP also controlled the

public media houses (MBC and TVM), which it bulldozed and abused to

discredit those in the opposition. Vehicles belonging to Government Ministries and other parastatal organizations were also used for campaign by DPP

officials and candidates, a privilege which those in the opposition could not

enjoy. On the other hand, it also has to be noted that the fact that Bakili

Muluzi had been barred from contesting as a presidential candidate, that also made a lot of UDF sympathizers to opt to vote for the DPP candidate, since the two parties share some similarities in terms of personnel and ideology.



10 i ne Society of Malawi Journal

In the end, Mutharika scored a record 66% of the votes, while his immediate challenger, MCP's John Tembo had only 30%. In terms of the

parliamentary aspirants, the DPP won 114 seats out of the contested 192 seats.10

1.4.3 The Malawi Congress Party The country's oldest political party once again failed to bounce back

into power, thus marking fifteen years since it was ousted from power. Some of the problems that appeared in both the UDF and DPP also appeared in MCP,

especially those concerning the conducting of primary elections. Tor the

presidency, the party simply endorsed its president, John Tembo, to try his luck for the second time, having failed to win in the 2004 race. For the

parliamentary aspirants, there were cases of reported chaos and/or violence in a number of constituencies, especially where some candidates were not comfortable with the process.

During the official campaign period, it was also noted that the party leadership concentrated its effort in wooing Central Region supporters and did very little in the other three regions (North, East mid South). One other mistake which the party did was to associate itself with the UDF, a party that ousted it from power and at some point imprisoned prominent MCP politicians including John Tembo, Dr. Hastings Kamuzu Banda, among others. Clearly this did not go down well with staunch MCP supporters, who felt cheated by the party leadership and probably this was reflected in the way Central Region supporters cast their votes.

1.5 Female Aspirants and Candidates

The 2009 General Election was unique in as far as female aspirants and candidates for political positions were concerned. This centred on the fact that for the first time in the country's history, there was a female presidential candidate. Furthermore, the polls were also unique due to the overwhelming support given to the female aspirants, partly by the Malawi Government and also by the local NGOs and the international donor community.

As early as 2008, a grouping of representatives from local NGOs founded 'The Gender Coordination Network for Women in Polities'. This network involved representatives from different NGOs who took up the responsibility

of encouraging women to take more active roles in politics, by among other

things providing them with monetary, material and moral support. On the other hand, the Malawi Government, through the Ministry of Women and Child

Development, also joined the bandwagon by launching a national programme aimed at increasing the number of women in parliament and other decision

making positions. International donor agencies such as CID A. NOR AD, GTZ, Oxfam, Action Aid, Danish Church Aid, and The Royal Norwegian Embassy,




also pumped in (heir resources in the project. The overall goal of these efforts was to reach the target of fifty percent (50%) representation of women in

parliament, and this was dubbed as a "50-50 Campaign".

Following such a background, it was pleasing to note the significant positive response from women across the country. In total, 400 women

participated in the party primary elections, while 209 (out of the total 1,146

registered candidates) participated in the actual general elections, either as

party or independent candidates. When the results of the elections were

announced, the results were as follows: the presidential aspirant did not win, as

she came a distant fifth. For the female parliamentary aspirants, they managed to win 42 out of the 192 seats, where the DPP won 31 seats, the MCP had 3,

UDF had 1, and Independents had 7 seats. Out of these 42 women, only three from the last parliament managed to bounce back. But in general this was far below the anticipated 50:50 ratio between male and female parliamentarians, because the 42 seats only represented 21.8%. Despite this drawback, this was

still regarded as an improved performance from various gender activists,

noting that there had been a steady increase in the number of female

parliamentarians since the 1994 General Elections.11

1.6 Overall Results of the 2009 General Elections As already alluded to, there were seven presidential candidates and 1,146

parliamentary candidates competing for 193 seats in the National Assembly. According to figures released by the EC, there was a total figure of 5,871,819 registered voters across the country. However, for the presidential race, only 4,595,902 voters turned up on the actual polling day, representing 78.27% of those that registered to vote. At the end of the voting process the results were as follows:

Table 1: 2009 Presidential Election Results

Candidate Political Party Number of votes received

Percentage

Bingu Mutharika

wa DPP 2.963,280 66.16

John Tembo MCP/UDF 1.365,672 30.49 Kamuzu

Chibambo PETRA 35,358 0.79

Stanlev Masauli RP 33,982 0.76 Loveness

Gondwe NARC 34,432 0.77

James Nyondo Dindi iiowa

Independent AFORD

27,460 20,150

0.61

0.45




Nyasulu Total 4.478,874

Source: Electoral Commission Report, 29/05/2009

From the table above, it is clear to note that Bingu wa Mutharika won the election with a convincing and clear majority. This was unlike in the 2004

General Elections where he amassed a meagre 36% of the votes cast. On the other hand, the other candidates fell far behind the winner, and were thus left

'nursing their injuries', owing to the problems cited above. Despite claims by those in the opposition, especially from MCP's John Tembo and Loveness Gondwe of NARC, that the results had been doctored, they went ahead to swear in Bingu wa Mutharika for his second term in office. Perhaps unsurprisingly, both Tembo and Gondwe did not attend the swearing in

ceremony, as the former was reportedly consulting his lawyers to challenge the

legality of the results. For the parliamentary race, the results of the parliamentary elections

were as follows:

Table 2: 2009 Parliamentary Elections Results

Political Partv Number of seats Percentage

Level) (National

DPP 114 59.38 MCP 26 13.54 UD1 17 8.85 AFORD 0.52 MAFUNDE 0.52 INDEPENDENT 32 16.67

MPP 0.52 Total 192 100%

Source: Electoral Commission Report, 29/05/2009 Note: Parliamentary elections were not conducted in one constituency in

Blantyre urban following the demise of a candidate just two weeks before the

polls. Prom the table above, it is also clear to note that the DPP performed

tremendously well, trouncing the other challengers with an absolute majority. On the other hand, the other major parties (MCP and UDF) performed rather

poorly as compared to their previous performances, clearly indicating that there were deep rooted problems in each case. However, the results also indicate that some political parties that had seats in the previous parliament, such as PETRA. NDA. RP and CONU, completely lost their representation in




the House. On the other hand, the House welcomed a new political party called

Mafunde.

Despite the flaws that characterized the electoral process, both local and international observers (such as those from SADC, die African Union and

European Union) declared the polls free and fair. However, the observers

pointed out that some of the flaws, such as that of unbalanced media coverage, should be seriously looked into.

1.7 Lessons from the 2009 General Elections

The 2009 General Elections produced some important lessons, outcomes and implications for Malawi's young democratic dispensation. Firstly, it was

pleasing to note that the country's citizens were given a chance to exercise their civil liberties throughout the election period. This will go a long way in

consolidating the country's democracy. It was also notable during the electoral

process that the country's voters are slowly favouring female candidates as noted by the steady increase in the number of female parliamentarians. As

such, with increased campaigning the 50:50 targets could be attainable. On the other hand, the Electoral Commission could do much better

than it did during the 2009 General Elections. Ideally, preparations for the

elections, in terms of purchasing equipment and training staff, should start much earlier (or as soon as the results of the previous general elections were

announced), so as to minimize some of the hiccups that characterized the 2009 elections.

One other notable development, which also happened in the 1999 and 2004 General Elections, was the case of losing presidential candidates rushing to court to complain immediately after the results had been announced. In 1999 and 2004 it was Gwanda Chakuamba who rushed to the courts, while in 2009 it was the turn of John Tcmbo. Most of such petitions centre on arguments that the elections were marked by a number of irregularities, including rigging during the actual voting process. Probably this should give the EC some food for thought, as such developments often make people doubt the legitimacy of those declared to have won the polls.

A word has also to go to the political parties, especially those

currently in the opposition, to sort out their internal squabbles, if at all they hope to do well in the next general elections. The major problem during the

past elections centred on the choice of "party candidates and the conducting of

primary elections, which left a lot to be desired. For MCP and UDF to be

specific, it seems their electoral alliance did not receive the blessings of party followers, since it was made without proper consultation, and also that it was done very close to the voting day, and this did not provide enough time for die

party leaders to convince their followers that it was worth pursuing it.




To crown it all, the positive elements of the past elections need to be built upon, while the negative ones need to be analyzed and immediately ironed out, so as to avoid making similar mistakes or meeting similar

challenges in future elections.

Endnotes

1 B. Chinsinga, "Voter Apathy in Malawi: A Critical AppraisaF\ Centre for

Multiparty Democracy, Malawi, Nov.2006, p.4. 2 S. Adejumobi, "Elections in Africa: A Fading Shadow of Democracy?" in

Nnoli, ()., (ed.), Government and Politics in AfricaJlTar'?re: AAPS Books, 2000), p.242. ^ G. Sorensen, Democracy and Democratization (Boulder: Westview Press,

1993), cited in Ibid, p.243

*

4 L. Rakner mid L. Svasand, "Maybe Free but not Fail": Electoral

Administration in Malawi, 1994-2004" (CUR Michelsen Institute, 2005), p.2. See also The Constitution of the Republic of Malawi'.(Sections 75 and 76). 5 L. Rakner and L. Svasand, pp4-5. 6 See The Nation, 1/09/2008, ppl-2, interview with Mr. Harris Potani, EC

Deputy Chief Elections Officer. 7 See The Nation, 6/10/2008, ppl-2. 8 See The Nation, 19/09/2008, p.2 9 See Nation on Sunday, 31/05/2009, p.3: Note that the numbers of null and

void votes were like this in the last three general elections: 61,780 (1994), 91,671 (1999), and 86,218 (2004). 10

Note that there were no parliamentary elections in one constituency in

Blantyrc, following the death of a candidate representing NARC, two weeks before the polls. 11

Note that the number of female parliamentarians has been rising as follows: 10 (1994), 17 (1999), 27 (2004) and 42 (2009). Statistically, the 2009 General

Elections results increased the number of female parliamentarians by 8%.



The Society of Malawi Journal THE 2009 GENERAL ELECTIONS: PROCESS, RESULTS AND LESSONS Malawians exercised their democratic rights by

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