Tag Archives: Justice Chifundo Kachale

Development, SADC

Kachale’s Integrity Had Cost Him MEC Chairmanship

Maravi Post Reporter

By Jones Gadama

The Maravi Post has established that President Lazarus Chakwera’s decision not to renew Justice Chifundo Kachale’s contract as Malawi Electoral Commission (MEC) chairperson was influenced by Kachale’s unwavering commitment to integrity and accountability.

Kachale’s tenure as MEC chairperson was marked by his strong stance against corruption and electoral malpractices.

His leadership style, which emphasized transparency and fairness, might have clashed with the expectations of the appointing authority.

As MEC chair, Kachale maintained an independent stance, which did not please the Malawi Congress Party (MCP).

The party, reportedly displeased with Kachale’s refusal to toe the line, ordered President Chakwera not to renew his contract.

Kachale had also been critical of certain aspects of the electoral process, which put him at odds with the MCP.

His calls for reform and increased transparency might have been seen as too radical or threatening to the status quo.

The MCP, seemingly uncomfortable with Kachale’s criticism, may have seen his removal as a way to silence his dissenting voice.

Justice Chifundo Kachale’s refusal to compromise on electoral integrity led to the non-renewal of his contract as Malawi Electoral Commission (MEC) chairperson.

Kachale’s unwavering commitment to upholding the principles of free and fair elections had been seen as a major obstacle to the Malawi Congress Party’s (MCP) attempts to manipulate the electoral process for their own gain.

During his tenure, Kachale consistently emphasized the importance of transparency, accountability, and fairness in the electoral process.

However, his stance on electoral integrity had put him at odds with the MCP, who reportedly wanted to manipulate the electoral process to maintain their grip on power.

The MCP’s discomfort with Kachale’s commitment to electoral integrity was evident in their attempts to influence his decisions.

However, Kachale remained resolute, refusing to compromise on issues related to electoral integrity.

His commitment to upholding the principles of free and fair elections was seen as inflexible or obstinate by the MCP, who ultimately decided not to renew his contract.

Kachale’s departure from the MEC had raised concerns about the integrity of the electoral process in Malawi.

The MCP’s attempts to manipulate the electoral process have also raised questions about their commitment to democracy and the rule of law.

As Malawi prepares for the 2025 general elections, the integrity of the electoral process remains a major concern.

The international community will be watching closely to ensure that the elections are conducted fairly, transparently, and credibly.

The MCP’s actions will be under scrutiny, and any attempts to manipulate the electoral process will be met with widespread condemnation.

A tale of two leaders: Kachale’s integrity vs. Mtalimanja’s allegiance

Judge Annabel Mtalimanja new MEC chair
Judge Annabel Mtalimanja new MEC chair

By Jones Gadama

The Malawi Electoral Commission (MEC) has been at the forefront of the country’s democratic process, and its leadership has played a crucial role in shaping the nation’s electoral landscape.

This analysis seeks to compare and contrast the leadership styles of two MEC chairpersons: Justice Chifundo Kachale and Justice Anabel Mtalimanja.

While Kachale’s tenure was marked by his unwavering commitment to integrity and independence, Mtalimanja’s leadership has been marred by allegations of bias and allegiance to the ruling Malawi Congress Party (MCP).

One of the most significant differences between Kachale and Mtalimanja is their approach to electoral integrity.

Kachale was known for his strong stance against corruption and electoral malpractices, which often put him at odds with the MCP.

In contrast, Mtalimanja has been accused of being too close to the ruling party, with some critics suggesting that her family ties to the MCP have compromised her independence.

Another area where Kachale and Mtalimanja differ is their leadership style.

Kachale was known for his consultative approach, often seeking input from various stakeholders, including civil society organizations and opposition parties.

Mtalimanja, on the other hand, has been criticized for her allegedly authoritarian leadership style, which has alienated some stakeholders and created tension within the MEC.

The issue of transparency is another area where Kachale and Mtalimanja have divergent approaches.

Kachale was known for his commitment to transparency, often providing detailed explanations for MEC’s decisions and actions.

Mtalimanja, on the other hand, has been accused of lacking transparency, with some critics suggesting that she has failed to provide adequate explanations for MEC’s decisions, particularly with regards to the procurement of voting machines.

The controversy surrounding the procurement of Elections Management Devices (EMDs) is another issue that highlights the differences between Kachale and Mtalimanja.

Kachale had expressed concerns about the cost and transparency of the procurement process, while Mtalimanja has been accused of pushing through the deal without adequate consultation or transparency.

Finally, the issue of accountability is another area where Kachale and Mtalimanja have different approaches.

Kachale was known for his commitment to accountability, often taking responsibility for MEC’s mistakes and shortcomings. Mtalimanja, on the other hand, has been accused of lacking accountability, with some critics suggesting that she has failed to take responsibility for MEC’s mistakes and shortcomings.

In conclusion, the leadership styles of Justice Chifundo Kachale and Justice Anabel Mtalimanja are a study in contrasts.

While Kachale’s tenure was marked by his commitment to integrity, transparency, and accountability, Mtalimanja’s leadership has been marred by allegations of bias, authoritarianism, and lack of transparency.

As Malawi prepares for the September tripartite elections, it is essential that the MEC demonstrates its commitment to fairness, transparency, and accountability. The country deserves nothing less.

Law and order, Malawi

Malawi Court convicts DPP’s Uladi Mussa; presidential ambition shattered

Maneno Chimulala
Uladi Mussa at the court today; convicted

BLANTYRE-(MaraviPost)—The High Court in the capital Lilongwe on Tuesday, October 13, 2020 convicted Democratic Progressive Party (DPP) Vice President for the Centre, Uladi Mussa, and two others over abuse of office in the granting of passports and work permits.

Justice Chifundo Kachale has convicted Mussa alongside co-accused persons, David Kwanjana and Peter Katasha for illegally aiding Rwandan nationals acquire Malawian citizenship.

Mussa, a former Cabinet minister, was being accused of aiding foreign nationals to acquire the country’s citizenship fraudulently.

He was arrested on March 6, 2017, alongside David Kwanjana, former senior assistant chief immigrations officer, now Regional Immigration Officer for the Centre.

The Anti-Corruption Bureau (ACB) also arrested a number of suspects including Malawian national Peter Katasha, Burundian Pascal Rwasa and Rwandese Esili Kubwimana.

All the suspects, including Mussa, haD been found with cases to answer.

ACB on September 25 2015, received a complaint alleging that on May 14 2014, the Chief Immigration Officer granted Malawi Citizenship to Rwandan Nationals using a file belonging to another foreign national.

Last year, the United States of America barred Mussa and his wife from entering the country saying he had corruption charges on his head.

Mussa has been convicted at a critical time for his political career as he was nursing ambitions to take over leadership of the opposition DPP and consequently propels it back into government in 2025.

As it stands, Mussa will have to spend seven years outside politics after serving his sentence which is expected to be given next week.  

Malawi

Malawi Electoral Commission ordered to stop fresh registration of voters

Maravi Post Reporter
MEC chairperson Kachale

BLANTYRE-(MaraviPost)—Malawi Electoral Commission (MEC), under the leadership of the ‘overrated’ Justice Chifundo Kachale, has been ordered by the High Court in Blantyre to stop fresh registration of  voters in constituencies whose 2019 election results were nullified over irregularities.

The decision by the court follows an injunction which was obtained by independent candidate for Mangochi North East Constituency Martin Nyengo through lawyer Chimwemwe Kalua stopping Mec from registering new members until the court interprets if it was necessary to do so.

The court has also ordered that only candidates who competed in the 2019 parliamentary race in the affected constituencies should take part in the fresh polls.

This means that the commission will disqualify all candidates that have already presented nominations papers but they did not compete during the 2019 elections in Phalombe North, Mangochi West and Mangochi North East constituencies.

 “It is true that the High Court has ruled in our favour. What it means is that the Commission will use the 2019 voters roll during the November 10 fresh polls. In addition to that, there will be no new candidates who will take part in the fresh polls,” Kalua said as quoted in the Times.

Mec Director of Media and Public Relations Sangwani Mwafulirwa said the electoral body will soon meet to discuss the court’s determination and map the way forward to make sure that the November 10 electoral calendar is not affected.

Justice Kachale who took over the leadership of the electoral body from embattled Justice Jane Ansah, startled Malawians when he directed Mec to conduct fresh registration of voters in Mangochi North East Constituency in readiness for November 10 by-election.

People thought Kachale could think along the lines of the the Supreme Court of Appeal judgment in presidential election case which made consequential order that in the nullified elections no new voters should not be registered because their votes were not stolen.

Following the decision of the court, only Karonga Central Constituency which fellow vacant after the death of Malawi Congress Party legislator Cornelius Mwalwanda and Lilongwe North West Constituency which became vacant when President Lazarus Chakwera resigned to compete in the presidential election on June 23, will be allowed to follow all the traditional electoral processes such as registration of voters and receiving nomination papers from everyone willing to compete.

Politics

Malawi fresh poll: ruling DPP monitors abducted in central region

Maneno Chimulala
Nicholasi Dausi


Written by Richard Kayenda

The ruling Democratic Progressive Party (DPP) has accused the main opposition party, Malawi Congress Party (MCP) and its electoral ally, UTM of causing violence to its monitors in some parts of the central region during the yesterday’s fresh presidential polls.

Speaking today at a press briefing in Blantyre, DPP’s Publicity Secretary, Nicholas Dausi, who is Minister of Homeland Security and Director of Research, Mark Botomani, Minister of Information and Civic Education, said they have evidence that MCP and UTM followers in Lilongwe and Nkhotakota Districts physically manhandled their monitors in a bid to block them from ensuring that election took place in a free and fair manner.

The two DPP heavyweights further said they have since reported the incidences to the Malawi Electoral Commission (Mec) for an immediate probing.

Dausi also said on Monday, DPP Secretary General, Grezelder Geoffrey, was attacked by MCP and UTM supporters when she was travelling from Ntchisi to Nkhotakota and money amounting to K11 million, meant for the monitors, was pick-pocketed

Meanwhile, Mec Chairperson, Dr Chifundo Kachale, has said as a commission, they have put in place a competent team to handle all election related complaints satisfactorily.

The complaints by the DPP’s politburo comes amidst unofficial results of the 23 June presidential election which show that the party is performing badly in the northern and central regions of the country.

Malawi

Malawi fresh presidential poll on tomorrow amid K10 billion deficit

Maneno Chimulala
National Tally Centre

BLANTYRE-(MaraviPost)—Malawians will tomorrow choose a leader of their choice in the country’s first ever court-sanctioned fresh presidential election despite a shortfall of K10 billion at the Malawi Electoral Commission.

Speaking during a media briefing Malawi at the National Tally Centre in Blantyre, MEC chairperson Justice Chifundo Kachale said the electoral body is still awaiting disbursement of the K10 billion to ensure smooth operations and achieve a free, fair and credible election.

Kachale, a judge of the High Court of Malawi, warned that failure to release the money to MEC would have legal consequences.

“The K10 billion deficit needs to be cleared. The money was budgeted for. This is not a private affair. It is something to do with the public.

“We need the money urgently and we will be engaging the relevant authorities so that they should honour their commitment of releasing the money to us,” said Kachale.

In February, Parliament allocated K29 billion for the poll in the Mid-Year Budget Review but MEC has only received K19 billion and K10 billon was released last Friday after MEC exerted more pressure on treasury and parliament.

On transportation, Kachale  said transport issue has been sorted out and all the required 336 trucks are in place.

He said the hired trucks were inspected by the Plant and Vehicle Hire Organisation (PVHO) which certified them to be fit to be used.

Besides the trucks delivering materials such as ballot papers, Kachale said an additional 60 vehicles are being used on training polling staff and publicity of messages.

On ballot papers which arrived through Kamuzu International Airport  in Lilongwe on Friday, he said that as of yesterday they had been dispatched to the country’s 193 parliamentary constituencies.

Kachale also observed that there are some quarters who are distorting voter information especially on polling day. He condemned the conduct in strongest terms and warned that if caught they will dealt with according to the law.

He said: “As MEC, we remain nonpartisan and we are concerned with individuals who are manipulating our voter information for their own campaign purposes. Let me say that those who will be found will be dealt with according to law.”

Meanwhile, pre-inspection of voter materials is expected to take place today from 8am in all polling stations across all the polling centres where political party representatives are expected to be present.

Kachale said the exercise will proceed even if political party representatives will be late and emphasised that “presiding officers have other things to do”.

The tomorrow’s election follows nullification of the May 21 2019 presidential election by a five-judge panel of the High Court of Malawi sitting as the Constitutional Court on February 3.

The court ordered that a fresh election be held within 150 days and directed that the status in the presidency—President and Vice-President—revert to the May 2014 Tripartite Elections outcome.

Malawi

MEC bemoans funding delay

Maneno Chimulala
MEC bemoans funding delay

BLANTYRE-(MaraviPost)—Malawi Electoral Commission (MEC) has once again bemoaned funding delays from the treasury as they are preparing for the forthcoming fresh presidential election slated for Tuesday next week.

Speaking during national elections consultation meeting with various stakeholders in Lilongwe on Thursday, MEC Chairperson Justice Chifundo Kachale said the Commission is facing financial challenges as it is yet to access K10 billion from Treasury to manage some of their scheduled activities.

He said he engaged Treasury, Reserve Bank of Malawi and other financial institutions on the matter.

In terms of transport logistics, Kachale said there is a shortfall of 226 trucks.

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According to Kachale, Mec needs 386 trucks but so far, only 150 trucks are available. Three helicopters will be required to travel to other areas and the electoral body is yet to discuss with Malawi Defence Force on hiring its planes.

Kachale said the Commission is going to appraise Parliament on the state of preparedness and challenges it is facing and they will seek direction on how best they can deal with the challenges.

Malawi Congress Party (MCP) secretary general Eisenhower Mkaka has asked the commission if political parties could be allowed to procure their own seals to secure documents that will be taken to the main tally centre.

Mkaka has also said opposition political parties will make sure that the fresh election is held on June 23 despite funding shortages.

He saID they will use all the available instruments to make sure that MEC is funded to conduct the election on the set date.

Mkaka, however, did not indicate how opposition political parties are going to source funding for MEC.

Politics

MEC upbeat of conducting credible fresh election: “We have no desire to fail”

Maneno Chimulala
Justice Chifundo Kachale (Centre): We have no desire to fail

BLANTYRE-(MaraviPost)—Malawi Electoral Commission (MEC) Chairperson, Justice Chifundo Kachale, has assured Malawians that their vote will be safe in the forthcoming Fresh Presidential Election (FPE), saying the new commissioners have a legacy to protect and are to deliver accordingly.

Kachale was speaking yesterday in Lilongwe during a media briefing on the electoral body’s preparedness for the much touted first ever fresh presidential election that was ordered by the Constitutional Court after nullifying the 2019 election on grounds of widespread irregularities.

Kachale said it is their wish to have the election on 23rd June though there some logistical challenges that if not well handled they might seek an extension through a legal process.

“On Tuesday 9th June 2020 the Commission took oaths before the Honourable Chief Justice in Blantyre. Later the same day we received communication from the office of the Clerk of Parliament advising that parliament had passed a Resolution appointing the 23rd June 2020 as the date for the Fresh Presidential Election. As you might well know, on the 11th of June 2020 the Commission Gazetted 23rd June 2020 as the Polling Date, subject to change on the basis of the legally established processes,” said Kachale.

On printing of ballot papers, Kachale said the Commission already issued an authority to the printer to commence performance of the assignment after it was communicated to the electoral body by the Printing company that “unless authority to commence printing was granted by close of business that day, I would not be in a position to actually make delivery of the ballots ordered in time for the Gazetted Polling Date.”

He, however, indicated that, in the context of Covid-19 pandemic, both the Commission and contesting candidates will not be able to monitor the printing process as per requirement in light of the non-availability of commercial flights and the public health requirements for a minimum of 14 days’ quarantine both at the destination of printing and upon returning home.

It was also disclosed that the Commission has a deficit of K8.7 billion as Parliament only appropriated K29.6 billion from the proposed K38.3 billion.

Initially, the budget was pegged at K34 billion but it was later adjusted upwards in order to accommodate Covid-19 preventive measures which called for more resources for procurement of materials.

Kachale bemoaned the untimely disbursement of funds from the Treasury, saying it has impacted negatively the operations of the Commission in preparing for the election.

“The disbursement of funds has been a challenge: it has not always been timely. For example, training of Presiding Officers could not start on 8th June 2020 as scheduled due to funding delays. This was then shifted to 13th June 2020 following communication from The Treasury on 8th June 2020 that funds had been provided. Though there are some persisting challenges with regards to accessing  those funds arrangements have been made to allow the trainings to commerce today (13th June 2020),” he said,

Responding to a question on the inclusion of the former commissioners, Linda Kunje and Jean Mathanga, Kachale said he has confidence in all the commissioners and that they will deliver accordingly.

“It is not my jurisdiction to speak evil of my colleagues, the two old Commissioners (Kunje and Mathanga). Trust us we will deliver accordingly, we have no desire to fail. I have full confidence in my fellow 6 commissioners. Please do not drive us into history to judge us, we have no responsibility for the past events, we have the integrity and names to protect,” Kachale said.

He added: “We are professionals in our own right, we have our own legacy to protect, I believe everyone who accepted this responsibility is cognisant of the responsibility they have taken.

“This nation is functioning on levels of suspicion and mistrust that is making it impossible to do anything. Give us a chance. Do not drag us into history. Ultimately we will be responsible for our actions .”

The Chairperson further appealed to Presidential candidates in the forth coming fresh Presidential election to be advocates of peace.

Malawi

MEC confirms fresh presidential election date: it’s 23 June!

Maneno Chimulala
MEC Chairperson Justice Chifundo Kachale confirms fresh presidential election date: it’s 23 June!

BLANTYRE-(MaraviPost)—Malawi Electoral Commission (MEC) has confirmed 23 June as a date for the fresh presidential poll following an instruction from the Clerk of Parliament.

In a statement signed by the newly appointed MEC Chairperson Justice Chifundo Kachale , the Commission informs candidates and their respective political parties, all registered voters and all electoral stakeholders that it will publish in the Gazette, 23 June, 2020, as the date of polling for the Fresh Presidential Election (PPE).

“This is in compliance with the formal communication from the Clerk of Parliament dated 9th June 2020 informing the Commission of a Parliamentary Resolution of the same date. The said communication indicated that this Resolution was passed on the basis of the Supreme Court of Malawi decision of 8th May, 2020 directing the House to appoint the date for the Fresh Presidential Poll,” the statement reads.

The Commission, however, has indicated that the decision to publish 23 June, 2020 as the polling date was arrived at with “considerable hesitation arising from practicalities of holding a genuine and credible election in view of logistical challenges that the Commission anticipates in implementing steps towards the holding of the polls.”

According to the MEC Chairperson, the Commission will engage directly with all the contesting candidates to appraise them of the anticipated challenges and to explore reasonable mitigation measures for purposes of ensuring delivery of a credible, free and fair election.

On Monday, Malawi Parliament set 23 June as date for the Malawi Electoral Commission to conduct fresh presidential election

The motion was moved by the Alliance for Democracy (Aford) Mzimba North lawmaker Yeremiah Chihana and it was seconded by Lilongwe Mpenu MP, Eisenhower Mkaka of Malawi Congress Party (MCP).

But commotion ensued in the House when the House adopted a motion by Chitipa East Parliamentarian Kezzie Msukwa to gazette the June 23 date for the fresh election.

MPs from the ruling Democratic Progressive Party (DPP) vehemently protested against the decision.


MEC, during a meeting with the National Elections Consultative Forum (NECOF) which comprises all election stakeholders in the country last week, announced that in view of the Supreme Court’s ruling on May 8 the Commission had revised the fresh presidential election date to June 23 from July 2.

Ansah said with the Supreme Court’s clarification on the date for fresh election the Commission found June 23 to be an appropriate date for the poll.

Law and order, Politics

Uladi Mussa passport fraud case adjourns to Dec 6

Maravi Post Reporter

LILONGWE-(MaraviPost)– The High Court in Lilongwe on Friday, adjourned to December 6, 2017, hearing of the case in which former minister of Home Affairs and Internal Security Uladi Mussa, is answering charges of aiding about 55 foreigners to illegally obtain citizenship while he was a cabinet minister.

In his ruling, Justice Chifundo Kachale. said the Court will meet for three consecutive days from December 6-8 this year.

The former Home Affairs Minister Mussa, who is also the Peoples Party (PP) Acting President, claims that the case is politically-motivated.

When the Court met on Friday, it transpired that there were some discrepancies in the disclosures by the State, as some documents the defence team introduced, and those shared with the Court, did not have copies.

Justice Kachale observed that because of the big size of the disclosures, there was need to sort out the anomalies before witnesses proceed to give testimonies.

State prosecutor Kamudoni Nyasulu also told the Court that there were only errors in terms of compilation of the disclosures and asked the Court that they meet after the adjournment and have the documents sorted out.

But Michael Goba-Chipeta, who is representing one of the accused persons in the case, Pascal Lwanda, after the hearing said that he was satisfied with the explanation by the State regarding the discrepancies.

“All the discrepancies and everything else have been sorted. We were properly guided by Kamudoni [Nyasulu] himself about where to place the documents.

“So we managed to do that properly, but since the exercise took a bit of time, the Court had no choice but to adjourn to another date,” said Chipeta

On Thursday, first State witness, former Chief immigration Officer Hudson Mankhwala, outlined the process for obtaining various permits such as student, visitors, citizenship, temporary residence and permanent residence.

In his opening statement before parading the first witness, Nyasulu said evidence would show that staff at the Immigration Department and members of the public eclipsed senior public service management on the pretext of serving the leadership at the Ministry of Home Affairs and Internal Security.

The State Prosecutor said this incompetence created a fertile ground in the ministry for fraud.

The Anti-Corruption Bureau (ACB) arrested Mussa in March this year, on charges of negligence and abuse of office. Mussa however, at the time said that his arrest was politically-motivated.

The PP Acting leader thereafter, surrendered himself to the ACB after reports surfaced that theBureau wanted to arrest him in relation to the granting of citizenship and passports to foreigners.

Mussa is also currently battling a
Court injunction he obtained against his suspension as the People’s Party leader by the party’s national executive committee.

His suspension follows the interest he showed to stand at the party convention by arguing that the PP leader Joyce Banda tenure had expired.