Crimes involving Dishonesty or Moral Turpitude in Malawi’s Elections

The Constitution of the Republic of Malawi disqualifies any person for election as president, vice president or member of parliament who has, within the last seven years, been convicted by a competent court of a crime involving dishonesty or moral turpitude. The Local Government Elections Act also disqualifies such a person from being elected as a councillor on similar grounds. In addition, once elected, these office holders can lose their seats on similar grounds. The question becomes, what are crimes involving dishonesty or moral turpitude? Worldwide, courts have struggled to define this amorphous concept. In Malawi, a few cases have been heard in both the High Court and the Supreme Court of Appeal to determine whether the offences in issue were crimes involving dishonesty or moral turpitude. The courts have labelled some offences as involving dishonesty or moral turpitude, in other instances have rejected this label and in yet others have avoided expressing an opinion one way or another. What is clear is that these words remain vague but will keep coming up in the courts for determination in relation to various offences. This paper is of the view that this disqualification is an unlawful limitation of various political rights guaranteed under section 40 of the Constitution. While exploring different approaches to clarify the phrase moral turpitude, it is ultimately recommended to simply scrap this disqualification from the law and to empower the electorate to freely choose