The two are Bakali Osman of Blantyre North east who submitted a fake MSCE certificate to MEC which indicated that he fulfilled the requirement that he will be able to proficiently speak and read English in order to take part in parliamentary proceedings.
“As a candidate, you were under duty to give evidence of English proficiency in whatever form or to make a statutory declaration that you can read and speak the English language well enough,” Sam Alfandika, MEC Chief Elections Officer, wrote Osman in an April 27 memo.
The MEC chief said Osman “opted to submit evidence that you can read and speak English. You submitted a Malawi School Certificate of Education (the Certificate) obtained in the year 2008 at Ndirande Hill (Pvt) Secondary School.”
He said MEC received a complaint in which Osman’s satisfaction of English proficiency requirement was questioned.
“In processing the complaint, the Commission received information that the certificate that you submitted together with your nomination papers was not a genuine certificate,” he said.
MEC requested the Malawi National Examination Board (MANEB) to confirm the authenticity of the certificate but was advised that the “certificate is fake” which led the Commission to resolve that “ you be disqualified as a parliamentary candidate for Blantyre North East on the ground that in accordance with section 51 (1) (b) of the Constitution of Malawi.”
“You are not qualified to be nominated or elected as a Member of Parliament. This letter therefore, serves to inform you that you have been disqualified and that your name has been struck off the list of candidates nominated for parliamentary elections in Blantyre North East Constituency,” Alfandika said.
MEC has also disqualified Medson Grandson Nkhoma as independent parliamentary candidate for Dowa South East Constituency for continuing holding office after submitting nomination papers.
Alfandika said according to section 51(2)(e) of the Constitution, “no person shall be qualified to be nominated or elected as a Member of Parliament if that person holds, or acts, in any public office or appointment, except where the Constitution provides that a person shall not be disqualified from standing for election solely on account of holding that office or appointment or where that person resigns from that office in order to stand.“
He said MEC received a complaint that Nkhoma was still working with the Road Traffic Directorate despite being a candidate and had not resigned.
“Upon getting confirmation from the Directorate, the Commission has resolved that Mr Nkhoma be disqualified as a parliamentary candidate for Dowa South East and that his name has been struck off the list of nominated candidates,” the Chief Elections Officer said in a letter dated April 30.
Malawi is due to hold tripartite elections on May 21. It will be the sixth vote since the introduction of multi-party politics in 1994.