by Patrick Mawaya, Malawi, 23 March 1997
THEME = ELECTIONS
The first meeting to call for local government elections took place on 26 February 1997, at Kalikuti Hotel in Lilongwe. It was organised by the Public Affairs Committee (PAC), an umbrella body of religious leaders in Malawi. The goal of the meeting was to decide on a course of action for the civil society to take, regarding local government elections. The meeting brought together religious leaders, representatives from human rights non- governmental organizations and Human Rights Activists.
In its background paper which was presented by Robert Phiri, a Civic Education officer, the PAC said it had received letters demanding local government elections. The PAC also noted that the elections had been postponed three times due to problems in funding, and that legislation necessary for conducting the elections and forming local governments in the new multiparty system, has been very slow in its development. In fact, much of this delay has been tied up with the Draft Decentralisation Policy that cabinet has been reviewing.
The meeting ended up calling on the government to make available the draft Local Government Bill for consultations prior to its being tabled in Parliament in good time so that Local Government Elections take place this year. The PAC and Human Rights NGOs then met the Minister of Local government and Rural Development, Dr. Matembo Nzunda on 27 February, 1997 to let him and the government know that the people, in particular, the civil society, needed elected local government.
On 28 February, due to this pressure from the civil society, the government announced on the Malawi Broadcasting Corporation, that local government elections will be held in August 1997. The elections are expected to cost about US $23 million. However, there is nothing to prove the government's commitment to holding elections.
In a meeting held at the Malawi Institute of Management in Lilongwe on 15 March, specifically on local government elections, participants said the State President has the legal responsibility for ruling Malawi, and that he is the custodian of the Constitution. It was therefore agreed that he should be told of the need to have local government elections this year.
Participants at the meeting included religious leaders, human rights NGOs and activists, the Media. The Electoral Commission came along as an observer, and noted that the issue of local government elections has been stuck at cabinet level for far too long.
On 18 March 1997, the Local Government Minister, Dr. Nzunda advised the Electoral Commission to go ahead preparing for local government elections rather than wait for an enabling Bill to be passed. And that the Commission should start preparing for the elections on the basis of the 1996 Local Government Ele-ctions Act.
But the Electoral Commission cannot go ahead preparing for the elections, in the absence of the Local Government Bill! Also, the 1996 Local Government Elections Act does not give the Commission full authority. Chief Elections Officer R. Gondwe was quoted by the Nation as saying: "The Electoral Commission will face problems in carrying out civic education programmes, without a Local Government Bill."
There are three key documents in the process leading to local government elections:
1) The Local Government Elections Act which provides mechanism for conducting local elections, for setting out functions and powers of the Commission as well as procedures for registration of voters, nominations of candidates, campaigning, voting and observing the elections. The Act expands on the general provisions of the Constitution and states that it shall be the function of the Electoral Commission to organise, conduct and supervise local elections. The Commission is given authority over all aspects of elections process. This Act was passed by Parliament in July 1996 and assented to by the State President in August the same year. However, the Commission does not see merit in conducting local elections without a Bill in place, that reflects the new multiparty situation and that takes into account government's policy on decentralisation.
2) The Local Government Bill is intended to set out the structures, duties, and powers of local councils under a multiparty dispensation. It seeks to combine several old Acts into one comprehensive Bill on Local Government. The Bill will define local government authority areas and officers, the powers and functions of local authorities, the financing and administration of local authorities, the relationship between local and national government, and other relevant matters. The Bill should serve as the foundation on which viable democratic local government can be built.
A draft Local Government Bill was written in 1994 prior to the General Elections. However, those who drafted the Bill in the Ministry of Local Government, appear to be waiting until government makes a decision on decentralisation, before they produce a final draft bill that can be circulated for consultation and decision.
3) The Decentralisation Policy is designed to shift some decision-making authority away from central government to the local level. The cabinet gave initial approval to a decentralisation plan in January 1996, but asked for a further study of what resources and capacity were needed to implement it effectively. At the same time, a cabinet committee on decentralisation chaired by Hon.T.Mangwazu, was established to oversee this review process. A further report on the resource and capacity issues was produced in August 1996. The cabinet committee then presented its recommendations to the cabinet as a whole in late January 1997, but these were not approved. So the policy is waiting to be reintroduced before the cabinet, for further discussion and possible approval. The decision that cabinet takes on decentralisation, will obviously have significant impact on whether or not local elections are held during 1997.
It appears government is only buying time in whatever it is doing. Cabinet ministers have indicated that they are not yet ready to lose power. However, the civil society is determined to fight on, and it appears the time has come for the civil society to do something.
Malawi's social services have deteriorated since local governments were dissolved two years ago. The roads are full of potholes, hospitals are operating without medicine, and there is a general decline in the country's infrastructures.
Dr.H.Ntaba, Publicity Secretary of the Malawi Congress Party was quoted by the Malawi News as saying: "It is not enough to have elections just for a central government; local elections are needed." And Rev. Kaswaya of the Anglican Church, who is also Chairman of the PAC said: "We believe that the issue of local government elections is a test of government's commitment to democracy in this country", said Rev. Kaswaya of the Anglican Church, who is also Chairman of the Public Affairs Committee. He added: "Democracy means power to the people and the government needs to share power with people at a local level so that government is truly accountable to the people. It is at the local level that people are most able to express their views and to participate actively in social, economical and political life and decision making".
END