The Democratic Progressive Party (DPP) is demanding the removal of newly-sworn Malawi Electoral Commission Chairperson Justice Annabel Mtalimanja stating that she is disqualified from assuming the position.
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The development follows her swearing -in ceremony which took place on 21st June, 2024 at the Lilongwe High Court.
According to the DPP press release, the grounds for her unsuitability have been placed on record privately and personally for her to step down without the risk of maligning her integrity and the credibility of the entire electoral process.
Among other reasons for her resignation is her alleged relationship with the former politician and Malawi Congress Party President late John Tembo.
“We have it on good authority that you are the biological daughter of Late Honourable John Zenas Ungapake Tembo. As you may be aware, late Tembo was a lifelong staunch senior party member of the Malawi Congress Party (MCP). Further, he served in various roles including but not limited to the following: Treasurer General, Vice President and President of MCP. Further still, he was elected as a Member of Parliament several electoral cycles and he served as a cabinet Minister during the MCP Administration during the one-party political era. “Needless to state, MCP remains an active political formation that shall field candidates in the forthcoming tripartite elections in September 2025. Our party shall do likewise” reads the communication
The statement further reminded her of the constitutional duty of the Chairperson to administer polls with impartiality hence bears the corresponding duty to disqualify herself from exercising the function of the Commission by reason of actual or perceived bias.
“Impartiality is the bedrock of every civilized and democratic electoral system. The system requires the electoral referee to manage the process impartially, without bias in favour of or against any party.
“Your Ladyship ought to down your tools and step aside in order to pave way for a fresh appointment since there are circumstances that are likely to undermine, or that appear to be likely to undermine your impartiality in the conduct of the elections.
“It is an axiomatic principle of impartiality that “a man ought not to be a judge in his own cause”. It is considered position that Your Ladyship has a relevant interest in the substantive elections and outcome by virtue of the ties of kinship with late J.Z.U. Tembo and therefore automatically disqualified from presiding over the elections”
The former governing party concluded that the stated grounds are enough disqualifying her from participating as an arbiter of the electoral process since there is likelihood or apprehension of bias arising from such relationship.
