Honorable Members of the Malawi National Assembly,

I am writing to express my deep concern regarding the proposed legislation that seeks to introduce an upper age limit of 80 years for presidential candidates in Malawi. This contentious issue raises serious concerns about fairness, legitimacy, and age discrimination.

While it is true that countries can restrict candidacy based on age, as long as the conditions are “based on objective and reasonable criteria” , the proposed legislation appears to be a thinly veiled attempt to disenfranchise Professor Arthur Peter Mutharika, the DPP aspirant. The Malawi Congress Party’s (MCP) sudden concern about age seems hypocritical, considering they previously supported Dr. Hastings Kamuzu Banda’s presidential candidacy in 1994 when he was in his nineties.

The United Nations Human Rights Committee emphasizes that such restrictions should be based on objective criteria and not unfairly limit an individual’s right to participate in public life. In the absence of scientific evidence to support the assumption that individuals above 80 lack the mental competence and vigor required for the presidency, this proposed legislation can be deemed arbitrary and discriminatory.

Moreover, this legislation undermines the principles of democracy and equality. It is essential to ensure that all candidates, regardless of age, are given a fair and equal opportunity to participate in the democratic process.

I urge you to consider the potential consequences of passing such legislation. It would not only be a setback for democracy in Malawi but also perpetuate ageism and discrimination.

I request that you uphold the principles of democracy, equality, and human rights, and reject this proposed legislation.

Sincerely,

Mike Arnold Mbalale
Political Analyst and Rights Activist