Registration Period and Statutory Time Frames
11.
THAT according to Section 29 of the Parliamentary and Presidential
Elections Act, the period of 14 days for registration of voters which the 2nd
Respondent set is only the minimum period since Section 29provides that such
period shall not be less than 14 days expiring not less than 21 days before the
first polling day. This means the period may not be less than 14 days but it
can be 14 days or more, so extension or re - opening ofthe registration centres
affected by the irregularities or challenges stated above to beyond the
previous 14 days would not be unlawfid under the Parliamentary' and
Presidential Elections Act.
12.
THA T as a result of these challenges or problems, thousands ofeligible
and potential voters were excluded and thereby disenfranchised which is an
infringement of their right to vote and make their own political choices.
COMPLAINTSAND RESPONSES OF THE COMMISSION
13.
THAT these concerns or complaints were duly brought to the attention
of the 2nd Respondent by the Malawi Congress Party both in writing on 5th
July, 2018 and later verbally at a meeting with the Chairperson of the 2nd
Respondent which was held in Blantyre on 12th July, 2018, but the 2nd
Respondent has still not made any decision on the complaints and request to
re- open or extend the registration. Instead it gave all indications that it was
not prepared to re - open registration in these 7 pilot districts where these
problems were experienced.
14.
THAT at the meeting of the National Elections Consultative Forum
(NECOF) on 17th July 2018 between the 2nd Respondent and other
14
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