Ten Million Kwacha For Electoral Offences

We continue looking at the new electoral laws, changes, and new provisions as we prepare for the September 2025 Tripartite Elections. Last time we tackled the new provision requiring the Commission to develop a code of conduct regulating how a campaign is conducted. Since this has statutory backing now, its violation attracts a fine of K5,000,000 and/or disqualification of a candidate or political party involved. This will be imposed by the Commission.

Today we look at other types of electoral offences during voter registration and the new penalties and sentences. The Presidential, Parliamentary, and Local Government Elections Act has enhanced penalties for all electoral offences which did not have prescribed penalties and fines. The penalty is now at a maximum of K10 million and imprisonment for five years. Previously before the law was amended the fine was at K500,000 and imprisonment for up to two years.

According to section 115(a) in relation to voter registration, a person commits an offence if he/she:

I. obtains his or her registration by giving false information;

II. obtains registration in more than one registration area;

III. registers another person knowing that that person is not eligible for registration;

IV. prevents the registration of another person knowing that that person is eligible for registration;

V. Having the authority to do so, does not delete a registration which he or she knows to be incorrect;

VI. falsifies a register;

VII. With fraudulent intent, modifies or substitutes a voter’s registration certificate;

VIII. through violence, threat, or fraud prevents the registration of another person; or

IX. knowingly obstructs the detection of incorrect registration or the verification of the voter’s roll;

Ignorance of the law is not a valid defence. It is important that political party leaders should take time to educate their followers on the acts that have been outlined above. For example, if one registered in District A and is transferred to District B, for him or her to vote there is no need to register again but rather process transfer during the window provided. While one may have registered twice, not necessarily with an intention to vote twice, it still remains an offence and if caught the due process of the law will be followed.

The offenses are not looking outside but also inwards. Staff being employed by the Malawi Electoral Commission if they engage in fraudulent activities such as allowing the registration of minors, altering a register, or abetting registration of ineligible persons, the law will catch up with them.

Next week, we will examine offenses related to campaigning.