2004 Malawi General elections complaints

2004 ELECTIONS COMPLAINTS - SUMMARY

	Date received	Complainant	Nature of Complaint	Preliminary action	Recommendation	Decision by the Commission
1	17/02/04	Bakili Mwazani, Box 30854, Blantyre 3	Complained that polling center number 151. Blantyre Secondary School was being identified as center no. 152 during the 2004 registration exercise		IT Manger to verify during the capturing of data for Blantyre District
2	08/03/04	J S Mokowa, UDF Candidate, Phalombe North Constituency	Buying of voter registration certificates by independent candidate, Mrs Anna Kachikho	Press release was issued to condemn the act	Investigations to be carried out
3	10/03/04	George Charles Zulu, MCP, Mchinji South-West	Buying of voter registration certificates in Mchinji South West by the UDF	Press release was issued to condemn the act	Investigations to be carried out
4	10/03/04	MCP Officials in Kasungu	UDF Recording voter numbers in Kasungu North West Constituency	Press release was issued to condemn the act	Investigations to be carried out
5	10/03/04	Mayenda Chadzandiyani et al, Ntcheu	Challenging nomination of Councilor Kennedy Yasin who is contesting in Ntcheu Central but has not resigned as a Councilor	The defendant has been asked to resign or face disqualification		Case closed following his letter of his resignation
6	24/30/04	O R Mwanza, AFORD, Mzimba	Challenging nomination of Mzimba South West candidate, Khumbo Kachale alleging he did not meet the education requirements and that he submitted a fake MSCE certificate	Verification was made with MANEB which confirmed that the certificate presented belongs to the candidate	Investigations to be carried out with the school he went to	Case closed since investigations with the Authorities of Phwezi Secondary School confirmed the candidate was their student and passed the MSCE.
7	25/03/04	F W Chiume, AFORD Secretary General	Use of AFORD symbols by independent candidates for Mzimba North, Mr Y Chihana and Mr Kateya Tembo	Checks through the nomination papers indicate the two are not	The complainant should be advised to seek legal action since that Commission has documentation on the symbols that the two presented on nomination.
8	26/03/04	Sam Mpasu, Ntcheu Central Constituency	Requests to voters by the independent candidate Mr Chingola to surrender their voter certificates to him	The complaint was addressd to Ntcheu DC and he reported that the matter was referred to Police for investigation	Follow up to be made with the DC in order to get a report from the police for record purposes
9	29/03/04	J S Mokowa, Phalombe North Constituency	Misallocation of Milonga and Milepe centers to Phalombe North Constituency	Returning Officer was advised to convene a meeting MPLC meeting and decide over the correct allocation of the centers.	Amend to await decision by MPLC
10		Alfred Ephraim Kachingwe, Candidated, Blantyre South East	Complained that fellow condidated Victor White Mbewe barred him from holding a rally at Chigumula Church ground despite obtaining permission from Returning officer and the police		The case to be referred to the Returning Officer
11	30/03/04	P Maulidi, Deputy Secretary General, UDF	Use of UDF symbols by independent candidate Mrs Koloviko in Blantyre North constituency during compaign meetings	A check through the nomination papers shows the candidate has different symbol and not UDF symbol	Complainant could be advised to seek legal redress
12	31/03/04	J A Chikwenga, UDF candidate, Mangochi Malombe	Acts of violence by the Independent candidate Mr Phillip Abasi against the complainants’supporters and that he also was using UDF sysmbols and colours during his compaign meetings
13	31/03/04	Mrs Anna Kachikho candidate, Phalombe North Constituency	Misallocation of Milonga and Milepe centers to North Constituency	Case referred to Pholombe MPLC	Relocation await decision by MPLC
14	31/03/04	Dr Isaac Lamba, UDF office, Lilongwe Msozi North Constituency	Discrepancies in registration figures in Lilongwe Msozi Constituency. (His personal check vs figures at the DCs Office)
15	02/04/04	Report by Returning Officer for Kasungu, Mr Mdala	Acts of violence between NDA and UDF supporters in Kasungu	************ ************	************ ************	(The issue was resolved by the Multi Party Laiason Committee and referred to Police for Damages and loss of property)
16	06/05/04	KCM Ng’ambi, NDA candidate, Chitipa Central Constituency	Allegation that Senior Chief Mwaulambia is partisan and abusing his position as Chairperson of ADC to campaign for UDF/AFORD candidate	Since this was addressed to the Returning Officer with a copy to MEC, the REO (N) was advised to get a report from the Returning Officer on the Matter
17	******	E D Kauka, NCD Secretary General	Challeging nomination of Mr Namukuwa , MCP candidate for Salima North West for allegedly being a Civil Servant at Nkhota-kota District Hospital	A letter was written to the District Health Officer for verification and he communicated that the candidate is not on leave pending retirement which he requested to be effective 31 st May 2004	Based on the letter from the DHO Nkhotakota, the candidate is still a civil servant since his retirement has not been processed. As such, he should be disqualified.
18	14/04/04	Khedi Kamchacha, candidate, Ntcheu South	Discrepancies in registration figures for Senzani, Likudzi and Matale centers.	(Case was handled by DCEO-ES)
19	16/04/04	Mr Yakobe, George Kalulu etal, Balaka South Constituency	Intimidation by T/A Msamala and UDF District Governer that he will remove all chiefs that will allow opposition to hold rallies in the constituency.
20	16/04/04	Captain Nkhoma, Committee Member Mzimba South East	Challenging nomination of E Chihana, candidate for Kasungu West for allegedly having no valid MSCE certificate	The Division Manager was written to advise on the occupational status of the candidate
21	20/04/04	J H Chisenga, MCP District Chairperson, Kasungu		Case was handled by the Returning Officer for Kasungu	**************	(Case was closed)
22	12/04/04	Berson Lijenda, Independent, Candidate, Zomba Ntonya	Alleged violence by UDF Candidate in Zomba Ntonya and disturbance of complainant’s meetings	Case has been referred to the Zomba MPLC and complainant has been advised of the same	Follow up to be made with the Returning Officer on the outcome of the case.
23	05/05/04	William Chikosa Banda, Blantyre City South East	Holding of campaign rallies in schools during periods of classes and alleged acts of corruption by candidate Victor Mbewe	The matters has been referred to the Returning Officer for investigations and complainant has been advised to lodge the other part of the complaint on corruption with the Anti Corruption Bureau.
24	20/04/04	Jimmy Banda, Independent candidate, Blantyre City South	Intimidation and disruption of campaign meetings by UDF candidate Elwin Maluwa	The Returning Officer, Blantyre handled the case		(Case closed)
25	05/05/04	James Mang'anda, Blantyre City East	Holding of campaign rallies in schools during periods of classes and alleged acts of corruption by candidate Victor Mbewe
26	11/05/04	Alfred Kachingwe, Independent, Blantyre City	Holding of campaign rallies in schools during periods of classes and alleged acts of corruption by candidate Victor Mbewe	The matters has been referred to the Returning Officer for investigations and complainant has been advised to lodge the other part of the complaint on corruption with the Anti Corruption Bureau.
27	12/05/04	UDF District Governor Kasungu	Challenging candidacy of Mr Dyson Kamphambe, MCP candidate for allegedly being a civil servant	Report from the Returning Officer indicates that the person resigned on 1st February 2004. The complainant insists the person be disqualified he did not comply with the circular from SPC	With the recent court developments on similar cases, the candidate should remain in the race since he is no longer in civil service.