Who prosecutes election-related criminal offences?
Malawi
EU2009 EOM Report pg 21:
Electoral offences under the Parliamentaryand Presidential Elections Act of 1993 are considered as criminal in naturetherefore following criminal procedure under the jurisdiction of the courts. Also see comment below
In 2009 according to the EU 2009 EOM Report, pg 21: There were 17 cases ofelectoral offences reported to thepolice including seven cases of illegal possession and attempts to sellvoter certificates, eight cases of destruction of campaign material, one caserelated to the disruption of a rally in Blantyre and one unauthorized rally atNkhata Bay Central. The Electoral Commission has also referred to the police485 cases of double registration detected during the cleaning of the voterregister. http://aceproject.org/ero-en/regions/africa/MW/malawi-final-report-presidential-and-parliamentary-3/at_download/file
The court may also orderthe suspension of the convicted person’s right to vote in the election orbarring the person to perform the duties of their office in connection with theelection. The decision of the Magistrate Court might ultimately be appealed tothe High Court.
