(MISA/IFEX) – On 18 May 1999, the High Court in Malawi ordered the country’s Electoral Commission to ensure that the state-controlled Malawi Broadcasting Corporation (MBC) provide fair coverage to all political players in the run-up to the general elections. The case arose when three private citizens, Charles Kafumba, Luke Banda and Laurent Kamulette, sued the […]
(MISA/IFEX) – On 18 May 1999, the High Court in Malawi ordered the country’s
Electoral Commission to ensure that the state-controlled Malawi Broadcasting
Corporation (MBC) provide fair coverage to all political players in the
run-up to the general elections.
The case arose when three private citizens, Charles Kafumba, Luke Banda and
Laurent Kamulette, sued the commission and the corporation when the latter
continued to give President Bakili Muluzi and his ruling United Democratic
Front party full access to the radio at the expense of other presidential
aspirants. The PANA news agency reported that Muluzi had all his campaign
rallies covered live and rebroadcast in the evening on the radio while the
same privilege was not extended to the other parties.
In his ruling, Justice Mackson Mkandawire said it was the duty of the
commission to ensure that free and fair elections were held in the country.
He added that the commission “be directed to take concrete steps to ensure
that all competitors in the electoral process have equal and/or fair access
to all state-controlled media.” Mkandawire said that the Constitution and
both the Presidential and Parliamentary Elections and the Electoral
Commission Acts obliged the commission to ensure that all state-funded
facilities were put at the disposal of all competitors fairly.
The judge directed the three complainants to refer their complaint back to
the commission, who should give concrete orders to the corporation to open
up to other players. The Electoral Commission Act also mandated the
commission to adjudicate in all complaints regarding the electoral process.
Mkandawire added that the case could be referred back to the High Court for
appeal or judicial review if the public broadcaster refused to open up to
all political players.
