By Edwin Mauluka

Malawi’s President Lazarus Chakwera has appointed Harry Hazwell Kanjewe as a new commissioner for the Malawi Electoral Commission representing the Democratic Progressive Party (DPP).

His appointment comes after the president had rejected three DPP nominees namely: Mackford Somanje, Mayamiko Nkoloma and Charles Fodya.

In a statement signed by Secretary to the President and Cabinet, Colleen Zamba, the appointment took effect on September 10.

Somanje was rejected on the basis that he was in possession of a fraudulent computer degree certificate from the University of South Africa (UNISA) a rejection which the president based on Section 4(7) of the Malawi Electoral Commission Act, which requires commissioners to have at least a Bachelor’s degree from an accredited academic institution.

On other hand, Nkoloma and Fodya were rejected based on their status as lecturers at a public university effectively making them public officers.

According to Section 75 (2) of the Malawi Constitution a person is ineligible to hold the office of a member of the Electoral Commission if they hold a ministerial post or they are a member of parliament or a person holding any public office.

Despite having this constitutional provision, in 2014, Judge Dorothy NyaKaunda Kamanga made a ruling which indicated that lecturers at public universities may not be classified in the same way as typical government officials, as they are not bound by the Malawi Public Service Regulations (MPSR).