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2007 Assessment

Malawi: Integrity Indicators Scorecard

Malawi: Integrity Scorecard Report > Sub-Category: Election Integrity
Indicators		Score
17	In law, is there an election monitoring agency or set of election monitoring agencies/entities?	100
18	Is the election monitoring agency effective?	70
19	Are elections systems transparent and effective?	79

Indicator and sub-Indicator Details

In law, is there an election monitoring agency or set of election monitoring agencies/entities?

17: In law, is there an election monitoring agency or set of election monitoring agencies/entities?

Score:

YES

Comments:

References: Constitution of the Republic of Malawi, Section 75 (1)

Is the election monitoring agency effective?

18a: In law, the agency or set of agencies/entities is protected from political interference.

Score:

YES

Comments:

References: Constitution of the Republic of Malawi, Section 76 (4)

18b: In practice, agency (or set of agencies/entities) appointments are made that support the independence of the agency.

Score:

100

Comments:

References: 1) Lise Rakner, Mette Bakken and Nixon Khembo "Elections: Systems and Processes" in Nandini Patel and Lars Svasand, Government and Politics in Malawi. pp175-206, 2007

2) Richard Tambulasi, lecturer and head of Department of Political and Administrative Studies, University of Malawi, Sept. 10, 2007, Zomba

18c: In practice, the agency or set of agencies/entities has a professional, full-time staff.

Score:

100

Comments:

References: 1) Lise Rakner, Mette Bakken and Nixon Khembo "Elections: Systems and Processes" in Nandini Patel and Lars Svasand, Government and Politics in Malawi. pp175-206, 2007

2) Richard Tambulasi, lecturer and head of Department of Political and Administrative Studies, University of Malawi, Sept. 10, 2007, Zomba

18d: In practice, the agency or set of agencies/entities makes timely, publicly available reports following an election cycle.

Score:

100

Comments:

References: 1) Kathryn English "The Management of the 2004 Electoral Process" in Martin Ott, Bodo Immink, Bhatupe Mhango, and Christian Peters - Bernies. The Power of the Vote. Kachere books No. 14, 2004

2) Boniface Dulani "The Election Under Scrutiny: Process-Results-Lessons" in Martin Ott et al. The power of the vote. Kachere books No. 14, 2004

18e: In practice, when necessary, the agency or set of agencies/entities imposes penalties on offenders.

Score:

100

Comments:

2) Boniface Dulani "The Election Under Scrutiny: Process-Results-Lessons" in Martin Ott et al. The power of the vote. Kachere books No. 14, 2004

Are elections systems transparent and effective?

19a: In practice, there is a clear and transparent system of voter registration.

Score:

100

Comments:

References: 1) Mesn. 2004. Malawi Presidential and Parliamentary Elections. Mesn: Mzuzu

2) Kathryn English "The Management of the 2004 Electoral Process" in Martin Ott, Bodo Immink, Bhatupe Mhango, and Christian Peters - Bernies. The Power of the Vote. Kachere books No. 14, 2004

19b: In law, election results can be contested through the judicial system.

Score:

YES

Comments:

References: Constitution of the Republic of Malawi, Part VII Section 76 (3)

19c: In practice, election results can be effectively appealed through the judicial system.

Score:

100

Comments:

2) Boniface Dulani "The Election Under Scrutiny: Process-Results-Lessons" in Martin Ott et al. The power of the vote. Kachere books No. 14, 2004

Peer Review Comments: This is a tricky situation. In 1999, results were disputed, but the appeal system took too long. In 2004, the opposition also contested the results, but even as the case had not yet been resolved, the president-elect was been sworn in parallel to the court process. In the end, the case did not succeed.

19d: In practice, the military and security forces remain neutral during elections.

Score:

100

Comments:

References: 1) Richard Tambulasi, lecturer and head of Department of Political and Administrative Studies, University of Malawi, Sept. 11, 2007, Zomba

2) Bright Kumwenda, reporter, Nation newspaper, Sept. 11, 2007, Blantyre

19e: In law, domestic and international election observers are allowed to monitor elections.

Score:

YES

Comments:

References: Parliamentary and Presidential Elections Act 1993, 107, 109, 110

19f: In practice, election observers are able to effectively monitor elections.

Score:

100

$Scoring Criteria :: 100 Score Criteria: Election observers have unfettered access to polling sites, counting stations, and voters themselves. The government does not interfere with the observers\' activities. <p>50 Score Criteria: Election observers generally have access to polling sites, counting stations, and voters but encounter restrictions in certain areas. The government may impose burdensome regulatory or bureaucratic requirements on observers to discourage their involvement. <p>0 Score Criteria: Election observers\' movements are significantly limited by the government and many polling and counting sites are restricted or barred from observers. The government imposes so many bureaucratic or regulatory burdens on the observers that their mission is rendered ineffective.$

Comments:

References: 1) Mesn. 2004. Malawi Presidential and Parliamentary Elections. Mesn. 2004

2) Titi Pitso "The Role of International Observers & Domestic Monitors" Martin Ott et al. The Power of the Vote. Kachere books No. 14, 2004