FROM THE OFFICE OF THE SECRETARY GENERAL – DPP
Private Bag 113
Att: Dr Justice KachaleWe refer to the above and address you as follows:
- We wish to remind your office of your singular duty under the constitution and other relevant legislation to conduct elections that are ultimately free and fair. The Constitution and electoral statutes demand strict compliance with the precepts of the law. In this communication, we wish to highlight several incidents that may potentially affect the integrity and credibility of the presidential election results.
- Our candidates enjoy the right to observe the conduct of the electoral process through duly accredited monitors. We have submitted to your office complaints an evidence of several incidences where our monitors were totally excluded and prevented from performing their statutory functions in the Central Region Districts of Lilongwe, Dowa, Salima, Dedza, Ntcheu, Nkhotakota, Mchinji and Kasungu and the Northern Region District of Mzimba. We have not been favoured with the courtesy of a written reply as a determination of our complaints. We demand and insist that your office must furnish us with a written determination of our complaints before making a declaration of the winner or loser of the presidential election. For the avoidance of doubt, we have attached hereto a flash disk containing pictures, video clips and footage of the multiple incidences in issue.
- In light of the foregoing and employing the qualitative test recently advocated by the Malawi Supreme Court of Appeal and High Court of Malawi, the votes and the figures derived in the whole of the Central Region Districts and Mzimba have been substantially affected and seriously compromised. Specifically, over 1, 500, 000 votes which are attributable to voting in these districts are in dispute and have been affected by the malpractices, violence and intimidation.
- The quality of an electoral process is just as important as the numerical results. The integrity and credibility of the numerical results is informed by quality of the process to arrive at the same. Clearly, the results in the central region districts and Mzimba district cannot be said to be credible and valid.
- The exclusion of our monitors in the said districts meant that they could not even properly lodge complaints given the climate of fear and intimidation created by the political functionaries of MCP.
- Further, our monitors were barred from carrying out their statutory functions by MCP Functionaries and Gule Wamkulu/Nyau Cult members through the use of violence and intimidation at the following polling stations: Mwankhundi School, Chimimba School, Kalama School, Kamange School, Chifuka School, Mbandanga School, Kasiya School, Malembo School, Sendwe School, Chazozoma School, Chilima School, Kazomba School, Khasu School, Kambuyana School, Majinga School, Katondo School, Pathungo School, Chilobwe School, St. Dickson School, Nsauka School, Kwalika School, Kamzimbi School and Kataya School.
- There was noncompliance with the provisions and principles of the Constitution and Electoral Legislation in multiple dimensions. There is no doubt that these irregularities and malpractices will substantially affect the results in one way or the other. The factor of intimidation or absence of monitors or absence of conditions of freedom and fairness in the monitoring process undermines both the quality and quantity of the electoral process. Clearly, there was a systematic and deliberate ploy by MCP functionaries to prevent DPP monitors from carrying out their statutory functions through various acts of intimidation, coercion, manipulation, violence, brutality and barbarity. The conduct of the MCP functionaries undermines the conduct of a free, fair and credible elections in the districts complained of.
- In the premises it would be unsafe, unconstitutional and against the principals which demand the elections be free, fair and credible to declare the winner and the loser in the presidential elections before adjudicating on the complaints submitted by the DPP. We take the position that, on their own, these glaring irregularities can affect the result of an election eventually resulting in a nullification of the results by the courts.
- Since the electoral process has been largely flawed by intimidation, savagery and improper influence, it can neither be upheld nor sustained employing a qualitative test. Accordingly, the quantitative results would be equally suspect and invalid.
- We therefore, seek the following urgent remedial actions:
10.1 A declaration that the presidential election has been inconclusive;
10.2 A declaration that there is no winner or loser in the presidential election;
10.3 A declaration that there be a fresh presidential election;
- Consistent with your constitutional and statutory obligations imposed on your Commission, we demand an urgent determination of your complaints and the communication to us of the determination in writing.
- Unless, satisfactory remedial action is taken promptly, our presidential candidate reiterates that he reserves his right to contest the validity of the result through litigation. We hope that the Commission will act in accordance with the law to avoid the country having to go through another protracted litigation.