Info
Boundary Delimitation
BD001
Delimitation of constituencies
Question: Are constituencies delimited for election purposes?
Answer:
a . Yes
Comments: The Malawi Electoral Commission is responsible for delimitation every five years, which is submitted to the National Assembly for approval.
Source: Constitution: Constitution of the Republic of Malawi, art. 76, 2(a).
Verified: 2025/04/14
BD003
Criteria for drawing boundaries
Question: On what criteria are the boundaries drawn?
Answer(s):
a . "Equality" of population b . Respecting natural barriers d . Conformity with local jurisdiction boundaries e . Geographic size of district g . Other
Comments: - Ease of communication
Source: Constitution: Constitution of the Republic of Malawi, art. 76, 2(a) (i)-(iii)
Verified: 2025/04/14
BD005
Body responsible for drawing boundaries
Question: The body responsible for drawing the boundaries is:
Answer(s):
e . Electoral Management Body (EMB)
Comments: The Malawi Electoral Commission is responsible for delimitation every five years, which is submitted to the National Assembly for approval.
Source: Constitution: Constitution of the republic of Malawi, art. 76, 2(a).
Verified: 2025/04/14
Electoral Systems
ES001
Head of State
Question: How is the Head of State selected?
Answer(s):
a . Head of State is the Head of Government c . Directly elected in general elections (absolute majority with 2nd round if necessary)
Comments: The President is both the Head of State and Government. The President shall be elected by a majority of more than fifty
percent of the valid votes cast through direct, universal and equal suffrage and,where such majority is not obtained by any candidate in the first poll, a second poll shall be held within sixty days after the declaration of the result in which the candidates who obtained the highest votes cast in the first poll shall be the only candidates.
Source: Constitution: Constitution of the Republic of Malawi, art. 78 & 80.
Verified: 2025/04/14
ES002
Head of Government
Question: How is the Head of Government selected?
Answer:
b . Directly elected in general elections, absolute majority (with 2nd round if necessary)
Comments: The President is both the Head of State and Government. The President shall be elected by a majority of more than fifty
percent of the valid votes cast through direct, universal and equal suffrage and,where such majority is not obtained by any candidate in the first poll, a second poll shall be held within sixty days after the declaration of the result in which the candidates who obtained the highest votes cast in the first poll shall be the only candidates.
Source: Constitution: Constitution of the Republic of Malawi, art. 78 & 80
Verified: 2025/04/14
ES003
President
Question: Does the country have a president?
Answer:
a . Yes
Comments: The President who is both Head of State and Government is restricted to two five year terms.
Source: Constitution: Constitution of the Republic of Malawi, art. 78 and 83 (1).
Verified: 2025/04/14
ES004
Number of Chambers
Question: The national legislature consists of (one/two chambers):
Answer:
a . One chamber
Comments: Legislative Power is vested in a parliament consisting of the President and the National Assembly. The National Assembly consists of 229 members representing constituencies, directly elected by universal adult suffrage. The term of the Assembly is five years.
Source: Constitution: Constitution of the Republic of Malawi, art. 49 & 62.
Verified: 2025/04/14
ES005
Electoral System (Chamber 1)
Question: What is the electoral system for Chamber 1 of the national legislature?
Answer(s):
a . Plurality (FPTP)
Comments:
Source: Constitution: Constitution of the Republic of Malawi, art. 62
International IDEA: Table of Electoral Systems Worldwide (http://www.idea.int/esd/world.cfm)
Verified: 2025/04/14
Legislative Framework
LF001
Status of Electoral Law
Question: What is the status of the electoral law governing national elections?
Answer(s):
a . Part of Constitution b . Separate legislation
Comments:
Source: Constitution: Constitution of the Republic of Malawi, Electoral Law: Presidential, Parliamentary and Local Government Elections Act, Electoral Law: Electoral Commission Act and Electoral Law: Political Parties ACT.
Malawi Electoral Laws. http://aceproject.org/ero-en/regions/africa/MW/malawi-electoral-laws-2019/view
2023 Revised Constitution: https://aceproject.org/ero-en/regions/africa/MW/malawi-revised-constitution-2023/view
Presidential, Parliamentary & Local Government Elections Act (No. 10 of 2023): https://aceproject.org/ero-en/regions/africa/MW/presidential-parliamentary-and-local-government/view
Malawi Electoral Commission Act 11 of 2023: https://aceproject.org/ero-en/regions/africa/MW/malawi-amended-malawi-electoral-commission-act/view
Verified: 2025/07/01
LF003
Electoral Law covers
Question: The national electoral law covers:
Answer(s):
a . National elections b . Regional elections c . Local elections
Comments:
Source: Constitution: Constitution of the Republic of Malawi, Electoral Law: Presidential, Parliamentary and Local Government Elections Act, Electoral Law: Electoral Commission Act and Electoral Law: Political Parties ACT.
Malawi Electoral Laws. http://aceproject.org/ero-en/regions/africa/MW/malawi-electoral-laws-2019/view
2023 Revised Constitution: https://aceproject.org/ero-en/regions/africa/MW/malawi-revised-constitution-2023/view
Presidential, Parliamentary & Local Government Elections Act (No. 10 of 2023): https://aceproject.org/ero-en/regions/africa/MW/presidential-parliamentary-and-local-government/view
Malawi Electoral Commission Act 11 of 2023: https://aceproject.org/ero-en/regions/africa/MW/malawi-amended-malawi-electoral-commission-act/view
Verified: 2025/07/01
LF004
Compulsory/voluntary voting
Question: Is voting on the national level voluntary or compulsory?
Answer(s):
a . Voting is voluntary
Comments:
Source: Malawi Electoral Laws. http://aceproject.org/ero-en/regions/africa/MW/malawi-electoral-laws-2019/view
2023 Revised Constitution: https://aceproject.org/ero-en/regions/africa/MW/malawi-revised-constitution-2023/view
Presidential, Parliamentary & Local Government Elections Act (No. 10 of 2023): https://aceproject.org/ero-en/regions/africa/MW/presidential-parliamentary-and-local-government/view
Malawi Electoral Commission Act 11 of 2023: https://aceproject.org/ero-en/regions/africa/MW/malawi-amended-malawi-electoral-commission-act/view
Verified: 2025/07/01
LF007
Electoral Disputes Agency(ies)
Question: What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):
a . Judiciary
Comments: Election petitions and complaints are handled by the Malawi Electoral Commission (MEC). Appeals against the MEC rulings are made to the High Court. Election petitions of the Presidential result must be received by the High Court within 48 hours of closing of polls.
Source: Constitution: Constitution of the Republic of Malawi, art. 76(2)(c), (3) & (5)(a)
Electoral Law: Presidential, Parliamentary & Local Government Elections Act (No. 10 of 2023). Section 99, 100 and 103.
Verified: 2025/07/01
Electoral Management
EM002
Responsibility of national EMB
Question: Does the national electoral body have the responsibility for elections at:
Answer(s):
a . National level c . Local level
Comments:
Source: Constitution: Constitution of the Republic of Malawi, art. 76(2);
Malawi Electoral laws. https://aceproject.org/ero-en/regions/africa/MW/malawi-electoral-laws. Article 75 (1)
Verified: 2025/05/26
EM004
EMB budget determined by
Question: The budget of the national electoral management body is determined by:
Answer(s):
c . The legislature f . Donors
Comments: The MEC is funded in the main by parliamentary appropriations and in part by foreign donors.
Source: Electoral Law: Malawi Electoral Commission Act, art. 15(1).
Verified: 2025/05/26
EM005
EMB expenditures controlled by
Question: The expenditures of the national electoral management body are controlled by:
Answer(s):
g . Other
Comments: The funds of the Commission shall be under the control of the Commission and all expenditure of the funds shall be in accordance with the directions of the Commission.
Source: Electoral Law: Electoral Commission Act, art. 15(3).
Verified: 2025/05/26
EM006
Term of EMB members
Question: The term of the members of the national electoral management body is:
Answer:
b . For a specified number of years
Comments: Office is for a 4 year period, and Commissioners may be appointed for a new four-year term.
Source: Constitution: Constitution of the Republic of Malawi, art. 75(3)(a).
Verified: 2025/05/26
EM012
Electoral Management model
Question: What is the Electoral Management model?
Answer:
b . Independent
Comments:
Source: Electoral Management Design: The International IDEA Handbook (http://www.idea.int/publications/emd/upload/EMD_Annex_A.pdf)
Verified: 2025/05/26
EM013
Number of EMB members
Question: The EMB is composed of:
Answer:
a . 1 - 10 members (specify)
Comments: 7 members
Source: Constitution: Constitution of the Republic of Malawi, art. 75(1), (4).
Electoral Law: Electoral Commission Act, art. 4(1).
https://mec.org.mw/malawi-electoral-laws-2/
Verified: 2025/05/26
EM014
Membership based on
Question: The EMB members/commissioners are selected on the basis of their:
Answer:
c . Combination of partisanship and expertise
Comments:
Source: Constitution: Constitution of the Republic of Malawi, art. 75(1), (4).
Electoral Law: Electoral Commission Act, art. 4(1).
https://mec.org.mw/malawi-electoral-laws-2/
Verified: 2025/05/26
EM015
Question: The EMB members/commissioners are selected by:
Answer(s):
g . Political parties
Comments:
Source: Constitution: Constitution of the Republic of Malawi, art. 75(1), (4).
Electoral Law: Electoral Commission Act, art. 4(1).
https://mec.org.mw/malawi-electoral-laws-2/
Verified: 2025/05/26
Voter Education
VE001
Information campaigns performed by
Question: Who conducts information campaigns for national elections (informing where, when and how to register and/or vote)?
Answer(s):
a . National Electoral Management Body g . NGOs/ Civic Organizations h . Political parties/ candidates i . Media
Comments: Malawi Electoral Commission (MEC) is tasked by law with conducting voter and civic education. Civil Society Organisations intending to conduct civic education are required to be accredited by the MEC.
Source: Electoral Law: Electoral Commission Act, art. 8(1)(k).
Verified: 2025/05/26
VE002
Frequency of voter education programs
Question: At the national level, how often are voter education programs conducted?
Answer:
b . Election time only
Comments:
Source: EISA Election Observer Mission Report: Malawi Parliamentary And Presidential Elections 20 May 2004, 16-17, [www] http://www.eisa.org.za/PDF/m04eomr.pdf.
Verified: 2025/05/26
VE003
National civic education
Question: Is there a national civic education campaign (rights and responsibilities of citizens)?
Answer(s):
b . Yes, conducted by the National Electoral Management Body h . Yes, conducted by NGOs/ Civic Organizations
Comments: Malawi Electoral Commission (MEC) is tasked by law with conducting voter and civic education. Civil Society Organisations intending to conduct civic education are required to be accredited by the MEC.
Source: Electoral Law: Electoral Commission Act, art. 8(1)(k).
Verified: 2025/05/26
Voter Registration
VR001
Voting age
Question: What is the legal voting age in the national elections?
Answer:
c . 18
Comments: Every Malawian who shall have reached the age of 18 years on the day of the election is eligible to vote.
Source: Constitution: Constitution of the Republic Malawi, art. 77(2)(b).
Malawi Electoral laws: https://aceproject.org/ero-en/regions/africa/MW/malawi-electoral-laws-2019. Art 77
Verified: 2025/05/26
VR002
Other voting requirements
Question: Beyond age, what other qualifications exist for registering to vote and voting in the national elections?
Answer(s):
a . Citizenship b . Period of Residence e . Other
Comments:
Source: Malawi Electoral laws: https://aceproject.org/ero-en/regions/africa/MW/malawi-electoral-laws-2019. Art 77 (3)
Verified: 2025/05/26
VR004
Authority responsible for voter registration
Question: Which is the authority responsible for the registration of voters for national elections?
Answer:
d . Election Management Body (specify)
Comments:
Source: Malawi Electoral laws: https://aceproject.org/ero-en/regions/africa/MW/malawi-electoral-laws-2019.
Verified: 2025/05/26
VR008
Is it compulsory to be on the voters register?
Question: Is it compulsory to be on the voters register?
Answer:
b . No
Comments: Registration voluntary and periodic.
Source: Malawi Electoral laws: https://aceproject.org/ero-en/regions/africa/MW/malawi-electoral-laws-2019. Art 21-24
Verified: 2025/05/26
Parties and Candidates
PC001
Registration requirements for parties (Chamber 1)
Question: What are the registration requirements for political parties running for national elections (Chamber 1)?
Answer(s):
a . Signature requirement (specify requirement) b . Deposit requirement (specify amount) f . Other
Comments: a. Names and addresses of 100 registered members
f. Particulars of head office, two copies of the party's constitution, rules and manifesto, names and addresses of office-bearers
Source: Electoral Law: Political Parties (Registration and Regulation) Act, art. 5 & 6.
Verified: 2025/05/26
PC003
Registration requirements for candidates (Chamber 1)
Question: What are the legal qualifications to become a candidate at legislative elections (Chamber 1)?
Answer(s):
a . Age b . Citizenship i . Minimum level of literacy j . Other
Comments: Every candidate should be a citizen of Malawi and has attained the age of 21 and to speak and read the English language well enough to take an active part in the proceedings of the National Assembly.
Source: Constitution: Constitution of the republic of Malawi, art. 51
Verified: 2025/05/26
PC008
Independent candidates
Question: Can independent candidates compete in presidential or legislative elections?
Answer(s):
b . In presidential elections c . In legislative elections (Chamber 1)
Comments:
Source: Electoral Law: Presidential, Parliamentary and Local Government Elections Act, art. 37(2)(e), 49(1)(d)
Verified: 2025/05/26
PC012
Public funding of parties
Question: Do political parties receive direct/indirect public funding?
Answer(s):
b . Direct
Comments: The State shall provide funds so as to ensure that, during the life of any Parliament, any political party which has secured more than one-tenth of the national vote in elections to that Parliament has sufficient funds to continue to represent its constituency.
Source: Constitution: Constitution of the Republic of Malawi, art. 40(2).
Verified: 2025/05/26
PC015
Question: What is the basis of the public funding?
Answer(s):
b . Based on result of previous election
Comments: The law does not specify how the funds are distributed and secondary sources are unclear on the subject, but it seems to be based on the proportion of votes received in the last National Assembly election.
Source: Constitution: Constitution of the Republic of Malawi, art. 40(2).
Verified: 2025/05/26
PC017
Question: Are political parties entitled to private funding?
Answer:
a . Yes
Comments: Parties are free to receive any amounts of funds from any source whatsoever barring funds from state bodies and public owned corporations. There are no limits on expenditures and no requirements to disclose either sources or deployment of funds.
Source: Electoral Law: Presidential, Parliamentary and Local Government Elections Act, art. 66.
Verified: 2012/02/03
Vote Counting
VC004
Votes are sorted/counted at
Question: Following the close of the voting, where are the votes first sorted and counted?
Answer:
a . The polling stations
Comments: After the close of the poll ballot the votes are counted by the Presiding Officer in the presence of political party representative
Source: Electoral Law: Presidential, Parliamentary and Local Government Elections Act, art. 92.
Verified: 2025/05/26
VC011
When are ballots recounted?
Question: Under what conditions are ballots recounted?
Answer(s):
e . Court order
Comments:
Source: Electoral Law: Presidential, Parliamentary and Local Government Elections Act, art. 114, (4)
Verified: 2025/05/26
Media and Elections
ME037
Criteria for allocating free broadcast time
Question: What are the criteria for allocating free broadcast time and/or free printed advertisement space to political parties?
Answer(s):
a . Equal regardless of size of party and previous performance
Comments: Applies only to state broadcast media. The Malawi Electoral Commission is required to allocate equal time on the radio for parties to campaign and to monitor public news broadcasts to ensure equal coverage of parties.
Source: Electoral Law: Parliamentary and Presidential Elections Act, art. 63(1)(a),(2.)
Verified: 2013/07/17
ME059
Television debates
Question: Are televised debates between candidates or party representatives normally conducted?
Answer(s):
d . No information available
Comments:
Source:
Verified: 2012/02/06
ME062
Blackout period for release of opinion poll results.
Question: What is the blackout period, if any, during which results of pre-election opinion polls may not be released to the public?
Answer:
g . No information available
Comments: No restrictions are placed on opinion polls.
Source:
Verified: 2012/02/06
ME080
Question: Is there a maximum amount that a political party is permitted to spend on paid advertising during a campaign period?
Answer:
c . No information available
Comments:
Source:
Verified: 2012/02/06
Direct Democracy
DD002
Direct Democracy Provisions (National Level)
Question: Are there any Legal Provisions for Direct Democracy Procedures at the national level?
Answer:
a . Yes
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2025/05/26
DD003
Mandatory referendums (national level)
Question: Are there any Legal Provisions for Mandatory Referendums at the national level?
Answer:
a . Yes
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Referendum Act (No. 6 of 2018)
Verified: 2025/05/26
DD004
Optional referendums (national level)
Question: Are there any Legal Provisions for Optional Referendums at the national level?
Answer:
b . No
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2012/06/12
DD005
Citizens' Initiatives (national level)
Question: Are there any Legal Provisions for Citizen’s Initiatives at national level?
Answer:
b . No
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2012/06/12
DD006
Agenda Initiatives (national level)
Question: Are there any Legal Provisions for Agenda Initiatives at national level?
Answer:
b . No
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2012/06/12
DD007
Question: Are there any Legal Provisions for Recalls at national level?
Answer:
b . No
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2012/06/12
DD129
Question: Are the results of referenda always binding, never binding or sometimes binding?
Answer:
a . Always binding
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2012/06/12
DD130
Question: Are the types of issues to vote upon in a referendum constitutional changes only, other issues only or both constitutional and other issues?
Answer:
a . Constitutional changes only
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2012/06/12
DD131
Question: Are there any Legal Provisions for Direct Democracy at sub-national levels (regional or local)?
Answer:
a . Yes
Comments:
Source: Direct Democracy: The International IDEA Handbook (2008) http://www.idea.int/publications/direct_democracy/index.cfm
Verified: 2012/06/12
Voting Operations
VO003
Electors vote at
Question: Where can electors vote?
Answer(s):
a . At a specified polling station in the locality where they are registered at national elections j . Other
Comments: j. A person shall be allowed to vote at a polling station located at the registration centre where he is registered. If it is not possible to do so, a voter may be granted the right to vote at a polling station located at a place where he will be on polling day.
Source: Electoral Law: Presidential, Parliamentary and Local Government Elections Act, art. 75 (1),(2)
https://aceproject.org/ero-en/regions/africa/MW/presidential-parliamentary-and-local-government/view
Verified: 2025/07/01
VO005
Locations for voting outside of the country
Question: If voting outside the country is permitted, at what places?
Answer(s):
g . No information available
Comments: No provision is made for expatriates to vote.
Source:
Verified: 2012/02/03
VO011
Voting method
Question: How do electors cast their votes?
Answer(s):
a . Manually marking of ballots
Comments: The law allows the Malawi Electoral Commission to determine how voters vote. The established practice is manually mark the ballot.
Source: Electoral Law: Presidential, Parliamentary and Local Government Elections Act, art. 86(3)
https://aceproject.org/ero-en/regions/africa/MW/presidential-parliamentary-and-local-government/view
Verified: 2025/07/01
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