[civsoc-mw] Suspension of Registration of New Voters in Mangochi North East

[trevor chimimba]

The MSCA decision ought be narrowly construed to apply to an annulment of an election. To have it otherwise would create constitutional problems. The right to vote is not absolute but it is guaranteed once one attains 18 by the constitution. 

> On Sep 21, 2020, at 12:02 AM, Keyboard Boyd Kilembey <kkilembe at gmail.com> wrote:
> 
> 
> The supreme court ruled that no new voters be added in the presidential rerun . That prevented addition of new born babies or dead ones o to the national registration database. I agree that the culture of allowances has gripped MEC. Only inspection of the voters roll is allowed. Registration of those already registered is illegal. Registration of those who were not 18 when the new roll was being made is illegal. 
> 
>> On Mon, 21 Sep 2020, 01:15 trevor chimimba, <trevorchimimba at gmail.com> wrote:
>> Keyboard, 
>> 
>> The ones already registered are already considered registered (deemed to be for the bye election that arises). But there may be other scenarios. I can think of two. One turns 18 after the election. A registered voter who registered in Blantyre for example and in the meanwhile after an election he or she moves to another constituency in Lilongwe where there is a by election for MPs. That person would be eligible to vote (this of course is not a new registration in the strict sense), but the EC ought to deal with this case.
>> 
>> The PPEA gives the EC broad powers of registration. But section 77 of the constitution is dispositive on the first scenario. 
>> 
>> There are other tricky cases that the EC has to deal with also. You are registered, but are then convicted of a crime or commit an electoral offence. You may become ineligible. 
>> 
>>>> On Sep 20, 2020, at 6:57 PM, Keyboard Boyd Kilembey <kkilembe at gmail.com> wrote:
>>>> 
>>> 
>>> Mfana what you cite are circumstances that arise within the 5 year mandate. Why register those who were already registered one new ones.  Where is the act?
>>> 
>>>> On Mon, 21 Sep 2020, 00:45 trevor chimimba, <trevorchimimba at gmail.com> wrote:
>>>> Pat, 
>>>> 
>>>> I concur on that point, as pointed  out below. I am also talking about the other scenario where a by election occasioned by a vacancy (death, resignation or removal) arises. 
>>>> 
>>>>>> On Sep 20, 2020, at 6:25 PM, Pat Chi <pmchinguwo at gmail.com> wrote:
>>>>>> 
>>>>> 
>>>>> Dear Bwana Chimimba, 
>>>>> The election in question is within the four walls of the MSCA decision. 
>>>>> 
>>>>> FYI see below
>>>>> 
>>>>> https://www.nyasatimes.com/nyekhwe-again-court-orders-another-re-run-udf-mp-loses-seat-in-mangochi-north-east/ 
>>>>> 
>>>>>> On Sun, 20 Sep 2020 at 18:38, trevor chimimba <trevorchimimba at gmail.com> wrote:
>>>>>> But Pat, 
>>>>>> 
>>>>>> This is a by election of separate elections for members of parliament. The MSCA decision would be relevant with respect only to those MP elections that were declared annulled. 
>>>>>> 
>>>>>>>> On Sep 20, 2020, at 12:26 PM, Pat Chi <pmchinguwo at gmail.com> wrote:
>>>>>>>> 
>>>>>>> 
>>>>>>> This is election is coming after the court determined that the 1st one was invalid. The MSCA decision could be applied herein as well. 
>>>>>>> 
>>>>>>>> On Sat, Sep 19, 2020, 20:59 trevor chimimba <trevorchimimba at gmail.com> wrote:
>>>>>>>> Look at the provisions of the PPEA relating to registration of voters and the power given to the EC in that regard. 
>>>>>>>> 
>>>>>>>> > On Sep 19, 2020, at 2:14 PM, Maybach Woyee <mbchwoyee5 at gmail.com> wrote:
>>>>>>>> > 
>>>>>>>> > 
>>>>>>>> > Mfana, 
>>>>>>>> > Which provision are you referring to?
>>>>>>>> > MB
>>>>>>>> 
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