MALAWI ELECTION SUPPORT NETWORK
INTERIM STATEMENT ON THE 2009 MALAWI PRESIDENTIAL AND PARLIAMENTARY ELECTION
20 May 2009, COMESA Hall, Blantyre

Malawi Election Support Network (MESN) is a coalition of 75 civil society organisations dedicated to ensuring that national elections are held in a credible and transparent manner. The network was formed in 2003, to harmonise and coordinate civil society’s role in the electoral process, such as joint planning, implementation and standardisation of materials. In the run up to the 2009 Elections, with the objective of promoting free, fair and credible elections, MESN and its member organisations undertook various activities in support of the electoral process, including civic and voter education and monitoring the pre-election period.

The following is an interim statement on the election process up to the afternoon of 20 May 2009. This statement is preliminary in nature as MESN recognises that the Electoral Commission (EC) has not completed its tabulation of the official results. For polling day, MESN deployed 800 monitors to a random statistical sample of polling streams throughout the country, supported by 193 constituency supervisors. MESN also deployed 486 other monitors. The observations presented below therefore are based on a systematic election-day observation process. MESN’s methodology is explained fully at the end of this statement.

MESN will complete its analysis of voting results and will comment on the official election results when they are announced by the EC. The next MESN statement is therefore anticipated by Friday, 22 May 2009.

Election Day was peaceful, and Malawi’s voters turned out in great numbers. Despite the challenges with the voters’ register and insufficient voter education, the voting process went smoothly. However, there were some problems on election day and even more so in the pre-election period.

Ballot secrecy was generally secured throughout the country, and reconciliation of ballots used at polling streams went well. Monitors from various parties were present at polling streams and were able to witness and endorsed the count. However, complaints by political parties and candidates were lodged at a fair number of polling streams distributed relatively evenly around the country. Public posting of results was not accomplished in a few places.

A significant number of voters’ names did not appear on the voter registers at the polling streams, which prompted the Electoral Commission (EC) to make a public announcement concerning their ability to vote; nonetheless, it is impossible to determine how many of these people did not return to the polls, thus being disenfranchised.

There were logistical problems on Election Day. In some instances polling streams opened late, however this did not appear to hinder the process. Though the provision of generators and some lighting was an improvement over the past, the counting process in many locations went very late into the night, and in some instances the counting of voting streams was mingled together, contrary to the set procedures.

MESN applauds Malawians for the expression of their patriotism in this election and their evident desire to entrench democratic values. MESN appreciates the EC’s efforts to properly conduct the elections. MESN also appreciates the support of the regional and international community for this process.

While the voter registration process was extended several times in order to include eligible voters and other positive steps were taken, the pre-election environment fell short of the minimum conditions outlined in the SADC Principles and Guidelines Governing Democratic Elections in several important respects. In particular, concern remained about the heightened level of political tension between the ruling party and opposition and the lack of confidence in certain quarters of the voting public as well as the opposition concerning the impartiality and effectiveness of the EC. The question concerning the candidacy of Bakili Muluzi was not resolved until the last minute which added to the uncertainty of the environment.

The voter registration process was marred by irregularities ranging from broken equipment, inadequately trained staff, the late delivery of materials to cite a few examples. Some eligible voters were thus denied an opportunity to register. Malawi’s Constitution guarantees the right to equal participation at all levels which is in tandem with SADC and African Union (AU) declarations on gender and development. In addition, this year, the pre-election environment was marked by the NGO Gender Coordination Network (NGO-GCN) 50-50 Campaign, which aimed to augment the number of women candidates in the 2009 General Elections. In this election 237 female candidates contested in parliamentary races across the country, a significant improvement from past elections. MESN however noted that political parties to mostly supported male candidates. MESN also noted that many women participated in the election as polling staff and monitors.

It must be emphasized that many of these problems also occurred in the 1999 and 2004 elections, as observed by MESN and the Church-NGO Consortium and Public Affairs Committee (PAC) before it. It is therefore critical to prevent them from becoming entrenched negative practises.

ELECTION DAY

These findings are based on monitor reports from a representative sample of polling streams from across Malawi. At this time, 73% of the sample has reported. MESN continues to capture data and will update this information as more reports are received.

Set Up and Opening of Polling Streams

Across Malawi, MESN monitors reported that at the opening 98% of polling streams had no or minor problems and only 2% had major problems that affected the rights of citizens’ to vote. In approximately 5% polling streams monitored, MESN monitors were initially barred because they were not on the EC list or the list was not available. However, after consultations with election staff at the district level, almost all were eventually allowed to monitor.

The voting process generally took place without serious problems. Nonetheless, MESN monitors reported that in 20% of polling streams some or many voters were unable to find their names on the register. Of those who were unable to find their names on the register, approximately 28% were not permitted to vote even though they presented voter registration certificates.

In addition, there were a number of polling streams where minor problems were reported. For instance, in 9% of polling streams monitored ballot papers ran out. Ink ran out in 10% of polling stations.

Closing of Polling Streams and the Counting Process

The closing of polling streams and the counting process largely took place without major problems. According to monitor reports some polling streams experienced problems with lighting during the counting process caused by generators lacking fuel or breaking down. Across the country, the counting process was very slow and lasted long into the night. In some cases counting of ballots from streams was merged contrary to EC procedures.

MESN will continue to gather and analyse information from the random statistical sample and will comment upon the EC’s official results which are expected by Friday.

MESN’S ELECTION DAY METHODOLOGY

Unlike in previous elections when MESN’s monitors were deployed to all polling centres, MESN employed a statistically based monitoring (SBM) method to collect information on the conduct of polls. In this effort, MESN deployed more than 800 well-trained monitors to observe the 2009 Elections all using MESN forms designed to monitor key elements of the Election Day process. These monitors were supported by 193 constituency supervisors. In addition, MESN members also deployed 386 monitors to constituency returning offices and 100 mobile monitors at district level.

Through the SBM exercise, information on the setting up of polling streams, voting, closing of polling streams, and counting of the Presidential Election ballots was rapidly collected and transmitted from a random, nationally representative sample of polling streams across Malawi. This methodology allowed MESN to conduct a rigorous and systematic observation throughout the country and to base its observations on highly accurate findings.

MESN thanks the EC and its staff at all levels for its extraordinary cooperation with MESN’s monitoring efforts. MESN appeals to all Malawians to remain calm and to be patient as they await the final result of the elections.

The Mission will continue to follow the process, including the announcement of final results, in order to evaluate the post election phase. EISA will produce a more comprehensive and detailed account of the entire election process in a final report. It will include recommendations for the consolidation of democracy and good governance in Malawi, as elections are not an end but a process.

The EISA Observer Mission extends its deepest gratitude and appreciation to the people of Malawi for the warm welcome and hospitality accorded to the Mission.
Mission Composition

The Mission was led by Mr Denis Kadima (Executive Director, EISA) and was composed of ten experienced individuals drawn from civil society organisations from the following countries: Democratic Republic of Congo, Kenya, Mozambique, Namibia, Sierra Leone, South Africa, Sudan and Zimbabwe. Members of the Mission began arriving in Blantyre on 10 May and observed the last phase of electoral campaigning, the voting and early tabulation of results.
Methodology

During the period preceding the polls, members of the Mission consulted with various electoral stakeholders including members from the MEC, civil society organisations, the media, political parties, domestic election observer groups and other international observer missions.

A total of four teams were deployed in the three regions of Malawi: one team each in the Northern and Central regions and two teams in the Southern region. Teams based in Mzuzu, Lilongwe and Blantyre also covered surrounding rural areas. Furthermore, teams attended rallies of various political parties and candidates in the three regions. On polling day the Mission was able to visit several polling stations throughout the country, covering randomly selected rural and urban areas.

In its assessment, the mission was guided by the Principles for Election Management, Monitoring and Observation in the SADC region (PEMMO).
Findings of the Mission

The 2009 Presidential and Parliamentary elections were the fourth democratic elections in Malawi after the restoration of multiparty democracy in 1994. Previous elections were held in 1994, 1999 and 2004. It is the expectation of the mission that recommendations in regard to these findings will be followed by reforms to improve future electoral processes and enhance democracy in the country. Some of the observations made during the 2009 elections were already highlighted in the previous elections by EISA and other election observer missions particularly in 2004.

The main instruments regulating the conduct of elections in Malawi include the Constitution of the Republic of Malawi; the Parliamentary and Presidential Elections Act, 1993; and the Malawi Electoral Commission Act, 1998. The Mission is of the opinion that the legal framework for elections in Malawi is generally conducive to the holding of credible elections.
Malawi Electoral Commission

The Mission noted that according to the legal provisions on the appointment of members of the commission "The President shall, subject to the Constitution and in consultation with the leaders of the political parties represented in the National Assembly, appoint suitably qualified persons to be members of the Commission on such terms and conditions as the Public Appointments Committee of Parliament shall determine". As a result of this provision, the appointment of additional members to the MEC was challenged in court by leaders of some opposition parties claiming that they were not consulted in line with the Malawi Electoral Commission Act (1998). Notwithstanding these claims, the Mission observed that the MEC displayed a degree of transparency in the management of the electoral process thus winning the confidence of the majority of the electoral stakeholders the Mission came into contact with.
The Campaign Process and Access to Media

The Mission observed that the governing Democratic Progressive Party had significantly more campaign material than other political parties. The Mission received several reports of allegations of the use of state resources for campaign purposes by the incumbent party. The EISA observer mission was not in a position to verify these allegations although it views them most seriously.

EISA teams also observed and learnt that the election campaign was generally peaceful in all the three regions of the country. A few isolated cases of violence were reported but these did not seem to have affected the overall peacefulness of the process and voter's freedom of choice.

The Mission deplored the use of hate speech between political parties which was evident during the campaign. It observed that Malawi Television (TVM) and the Malawi Broadcasting Corporation (MBC) failed to provide equitable access to all parties. Their coverage excessively favoured the DPP who, according to the Malawi Communications Regulatory Authority (MACRA), received on average over 90% coverage. While several private radio stations also gave coverage to opposition candidates, it is important that state owned media give fair coverage to all contesting parties and candidates in order to provide a level playing field.
Voter Registration and Voter's Register

The Mission gathered that MEC had conducted a massive voter's register overhaul in 2008, an exercise which aimed to produce an accurate, comprehensive and inclusive voter's register. The Mission learnt that 5 930 949 voters were registered to vote.

At an EISA election observer mission briefing meeting, the MEC acknowledged that during the exercise they were faced with a number of logistical and technical challenges that included faulty equipment and irregularities in the voter's register such as missing names, duplicated names, incorrect placement of pictures and transfer of names that was not effected. To address these problems MEC provided a reference voter's register to complement the one used on polling day.
The Voting Process and Counting

The Mission observed polling day operations from the opening at 06h00 until the close of polling at 18h00. The teams observed long, meandering queues at most polling stations especially in the morning. Voters were calm and expressed much enthusiasm to cast their ballot. The teams did not witness or hear of any interruptions caused by acts of violence or intimidation at any of the polling stations they visited.

An attempt was made by the MEC to provide special ballots for the blind. However electoral staff appeared not to have received sufficient training on the use of this special ballot.

Counting started shortly after closing of voting at most polling stations. The teams did not observe any incidents of disruptions during counting. The MEC provided each polling station with generators to ensure a smooth counting process.

With regard to the voter's register the teams observed a few cases of omissions and inaccuracies. Although a sizeable number of voters were affected by these problems, most of these technical problems regarding the register were ultimately resolved by the electoral staff, though inconsistently.
Conflict Management Mechanisms

The Mission commends the MEC for establishing multiparty liaison committees (MPLCs) at district level throughout the country. These committees enabled the electoral commission and the contesting political parties to consult each other on an ongoing basis and address any problems that arose.
Election Observation

The EISA observer mission came across many international observers whose presence contributed to the transparency of the electoral process. However the Mission noted the limited number of domestic observers in the areas visited by the teams on polling day.
Recommendations

* The provision on the appointment of members of the commission should be reviewed to guarantee its independence, transparency and professionalism. Regional trends and standards have been to appoint an independent electoral commission whose members are selected based on their expertise, integrity and political independence.
    * The Mission recommends that the electoral commission builds on its achievements during the just ended elections and uses an electoral cycle approach to election management in future which entails an ongoing programme for the professionalization of the commission. Areas of focus would include the rectification of irregularities identified in the voters' register and continuous updating of this register.
    * In addition to the MPLCs, the MEC is advised to introduce community based conflict management mechanisms at national, regional and local levels that will address not only problems relating to parties and candidates but also those affecting the electorate as a whole throughout the electoral process.

* Successive incumbent governments have tended to monopolise the state owned media to their advantage. Malawian authorities need to align the country to the best regional electoral practices by allowing all the contesting parties and candidates to have equitable access to this taxpayer funded media and to allow the electorate to make informed choices.

* Political parties in Malawi have demonstrated a lack of commitment to internal democracy within their organisations. This lack of intra party democracy has been most visible in the choice of office bearers and the selection of party candidates. This has affected the institutionalisation of parties, leading to an unstable party system characterised by frequent fragmentation. The democratisation of political parties will go a long way towards consolidating democratic development in the entire country.

Development partners and election stakeholders

* The Mission calls upon development partners and national election stakeholders to support domestic election observation as an integral part of the electoral cycle so as to add value to the electoral process through professional domestic election observation.

Overall the elections up to the time of the release of this statement were held in conformity with the PEMMO. Accordingly, the Malawi electoral stakeholders generally enjoyed all the freedoms associated with participation in elections, such as freedoms of association, movement and assembly. On the other hand, the Mission noted the unlevel playing field in terms of access to campaign finance and state media. In spite of this, the EISA Observer Mission believes that Malawians were generally able to express their will.

As the electoral process moves to its conclusion, the Mission encourages the MEC to continue to demonstrate transparency in the tabulation and announcement of results and to address any complaints brought by candidates timeously. On the other hand, such complaints should be substantiated and not aimed at causing unnecessary delays in the announcement of the final results.

A peaceful election day and a well-managed voting process, but some key benchmarks for democratic elections not met - Former Ghana President Kufuor says.

The 19 May 2009 elections are Malawi's 4th post-independence multi-party elections. The Commonwealth was pleased to be invited by the Malawi Electoral Commission (MEC) to observe the elections, and I am honoured to have been asked by the Secretary-General of the Commonwealth to lead its Observer Group.

The Commonwealth team has been present in the country since 8 May, and will remain for a further period, to continue to follow the culmination of the process. During our time here we have met with a range of stakeholders, including the Chair and members of the Electoral Commission, political parties, civil society, media, other observer groups and Commonwealth High Commissions present in Malawi.

For the voting and counting processes Commonwealth Observers were present in all three regions of the country and we have co-ordinated closely with other regional and international observers, building up a comprehensive picture of the conduct of the process. This is our Interim Statement, and represents an overview of our key findings up to this point. We will continue to closely follow outstanding aspects of the process, and will issue a final detailed report in June, containing conclusions and recommendations.

Key Interim Findings

* It took a major effort by MEC to ensure the 19 May elections were held as scheduled, and the generally peaceful nature of the campaign and conduct of the voting on the day of the election are a credit to the people of Malawi and, to an extent, the Electoral Commission as well. While aspects of the process have been encouraging, there have, unfortunately, also been shortcomings, such as the belated release of the Voter Register and evident bias of state media, which mean some key benchmarks for democratic elections have not been fully met.
    * The election campaign was generally peaceful, with basic freedoms provided, and voters were offered a choice between political alternatives. Given the tensions which existed in the lead up to the election, it is a credit to political parties that the campaign was conducted in a largely peaceful manner.
    * However, the overwhelming impact of the exploitation of the incumbency advantage, especially the unashamed bias of the state TV and radio, created a markedly unlevel playing field, tarnishing the otherwise democratic character of the campaign.
    * The Malawi Electoral Commission is independent and expended great effort to conduct the election on schedule. But, there was concern among stakeholders regarding its appointment by the President without due consultation with the other parties; its often poor communications with parties on aspects of its management process, such as the highly problematic voter registration; and its failure to supply parties with copies of the register in good time prior to election day. The parties nevertheless accepted the leadership of MEC
    * On election day voters turned out in large numbers and were peaceful and patient. Their conduct was exemplary and impressed all observers. The process was well managed, as polling officials worked hard to process the voters and security officers played a positive role. Shortcomings in the certified voter register were apparent but were mostly overcome through the use of pragmatic back-up measures.
    * Overall, observers reported that voters were free to express their will through a secret ballot. The count at the polling station was generally well conducted. At District and Central levels the results process has proven a lengthy undertaking and the receipt of final results by MEC in Blantyre has been extremely slow. It is of course imperative that final results are tabulated fully and transparently with official results issued as soon as available in order to maintain confidence.
    * While we have identified a number of very positive aspects of the 2009 electoral process and the elections are a step forward for Malawi, it is a concern that some of the shortcomings identified – such as media bias, exploitation of incumbency and problems with the process of voter registration - reflect some of the problems highlighted in 2004. In order to fully meet benchmarks for democratic elections Malawi needs to address these issues ahead of the next elections, through capacity-building and legislative reform if necessary, before they become entrenched in the Malawi electoral process. We are sure that the Commonwealth stands ready to assist as required.
    * Following the final confirmed results there is a period for complaints, and only at the resolution of this stage is the electoral process complete. We will continue to follow events and issue a final detailed report of conclusions and recommendations at a later stage.

The Campaign Environment

The 2009 elections have been competitive, offering a degree of choice between political alternatives, with 1,184 candidates contesting the parliamentary elections across the 193 constituencies and seven candidates contesting the presidential election. We were encouraged that there were 232 women candidates contesting the parliamentary elections as well as one for the presidential election. It is hoped that this can be further built upon, with increased participation of women in political life.

The basic freedoms of association, movement and assembly were provided for, as was freedom of expression. The election campaign was largely peaceful, though there was a tragic traffic accident at the end of the campaign reportedly killing some DPP party supporters. Otherwise only isolated incidents were reported, which is encouraging given the fractious political environment prevalent in the lead-up to the poll.

However, there has been an unlevel playing field for the elections, which has unfortunately tarnished the democratic character of the campaign. There has been an inordinate exploitation of the incumbency advantage, relating to the use of state institutions and resources, as well as state media.

We are extremely concerned at the conduct of state-owned media in its coverage of these elections. The Election Law provides that every political party shall have the right to have its "campaign propaganda" broadcast on radio by the Malawi Broadcasting Corporation. In addition, major media had all signed a Code of Conduct highlighting the need for balanced and fair reporting. However, reporting and coverage of the President and DPP's campaign by state radio and TV was unashamedly partisan.

Monitoring by MEC concluded that in the weeks leading up to the day of the election the President and his party were afforded over 97% of airtime. At the same time, the same media refused to provide virtually any access to other candidates and parties or to abide by agreements to air party political broadcasts. Conversely, it was reported that Joy FM, a private radio station which offered extensive coverage to the opposition, was closed down on the eve of the election by police for allegedly breaking the campaign silence.

We were pleased that more balanced coverage of the election was provided by some private radio stations, such as Zodiac and Capital, which is an encouraging development. While some opposition parties did have access to coverage in newspapers and private radio stations, this in no way compensates for the blanket coverage afforded to the President and the governing party by the state-owned media.

Management of the Electoral Process

The MEC is independent and it is clear that its Chair, Justice Msosa, enjoys widespread respect. However, while it is acknowledged that MEC remains under-resourced for its task and was racing against time, there does appear to be a concern regarding its overall capacity and its management of the process, particularly by opposition parties.

Some of the discontent focused initially on MEC's appointment by the President without due consultation with other parties, but later also on delays and shortcomings in the procurement process, allegations of financial impropriety against some MEC staff, confusion over the timing of the nomination process, claims by parties that MEC was not as open and forthcoming with them as they should have been and problems in the registration of voters. MEC also lacked the time to undertake the overdue demarcation of constituencies. Equal suffrage may not therefore have been fully provided for.

The voter registration process was a major undertaking by MEC and represented a significant challenge. Initial delays in the process were exacerbated by the realisation after the public verification exercise in April, that the list contained numerous errors, including, but not limited to double entries, missing names and mis-allocation of voters to centres. In addition it then became apparent that the paper work for the registration had in many instances not been completed to the requisite standard or was even absent.

Given the strong criticism of the voter register during the 2004 elections it was encouraging that an attempt was made to create a brand new list of voters. It is to its credit that MEC made a major effort to respond to these shortcomings and hold the elections as scheduled on 19 May. But such a late effort was always going to be difficult and possibly distracted the organisation from other key tasks so close to the election. Such a late production of the final register also meant that it was not possible for a final public verification or for parties to have timely access to the list.

Voting, Counting and Results

The turnout at the polling stations across the country seemed very high, and in all three regions the vote appeared to be well managed and peaceful, with voters waiting patiently. There had been a concern that problems with the voter register may cause problems on election day, and whilst the certified voter register clearly still contained errors, the problem was averted by the use of the numeric register to help identify voters form their Voted ID number, as well as allowing voters who may not have appeared on either list but whose voter ID number fell within the polling station range, to vote.

Polling materials generally arrived on time and Observers were extremely impressed by the organization of the poll and the dedication of the staff to their duties as well as the positive role played by security officers. There was also a prominent role for women poll officials. Overall Observers found that voters were free to express their will and cast a secret ballot.

The count at the polling stations was often undertaken in quite difficult circumstances, but it was carefully conducted and was fully transparent under the close scrutiny of party representatives. The tabulation and results processes have been lengthy, and it has taken an extended time for results to come through to district and central levels. It seems that inadequate access to transportation may have been a problem in some areas to get the results to the district, but thereafter it has also been slow. While aspects of this process are still on-going, the MEC appears to be doing its utmost to be transparent and maintain confidence in the eventual outcome and it is hoped that transparency is maintained throughout ensuring confidence in the final outcome. Political party representatives were present in the polling stations and had the right to a copy of the certified result, so parties have a check on the final tabulation process and recourse to legal mechanisms in the event they find any discrepancies.

1. Northern region
2. Southern region
3. Central  region

CENTRAL REGION

070 Lilongwe Mapuyu North

071 Lilongwe Mapuyu South

072 Lilongwe North

073 Lilongwe Msozi South

074 Lilongwe Msozi North

075 Lilongwe Kumachenga

076 Lilongwe North-East

077 Lilongwe City West

078 Lilongwe Mpenu Nkhoma

079 Lilongwe Mpenu

080 Lilongwe South East

081 Lilongwe East

082 Lilongwe Central

083 Lilongwe City Central

084 Lilongwe North-West

085 Lilongwe City North

086 Lilongwe South West

087 Lilongwe City South East

088 Lilongwe City South West

089 Lilongwe Msinja North

090 Lilongwe Msinja South

091 Lilongwe South

145 Blantyre North

146 Blantyre North-East

147 Blantyre Rural East

148 Blantyre South-West

149 Blantyre City Central

150 Blantyre Malabada

151 Blantyre City South

152 Blantyre City East

153 Blantyre Bangwe

154 Blantyre City South-East

155 Blantyre City West

156 Blantyre Kabula

157 Blantyre West