Election of the President and the First Vice-President

(1) The President shall be elected in accordance with the provisions of this Constitution in such manner as may be prescribed by Act of Parliament and, save where this Constitution provides otherwise, the ballot in a Presidential election shall take place concurrently with the general election for members of the National Assembly as prescribed by section 67 (1). (2) The President shall be elected by a majority of more than fifty percent of the valid votes cast through direct, universal and equal suffrage and, where such majority is not obtained by any candidate in the first poll, a second poll shall be held within thirty days after the declaration of the result in which the candidates who obtained the highest and second highest number of valid votes cast in the first poll shall be the only candidates. [subsection (2) substituted by section 5 of Act 13 of 2020 ] (3) Every presidential candidate shall declare who shall be his or her First Vice-President if he or she is elected at the time of his or her nomination. [31 of 1994] (4) The First Vice-President shall be elected concurrently with the President and the name of a candidate for the First Vice-President shall appear on the same ballot paper as the name of the Presidential candidate who nominated him. [31 of 1994] (5) Where the President considers it desirable in the national interest so to do, he or she may appoint a person to the office of Second Vice-President and may do so upon taking his or her oath of office or at any time thereafter or upon a vacancy in the office of Second Vice-President; and where no person has been appointed to the office of Second Vice-President then— (a) the provisions of this Chapter making reference to that office shall be read mutatis mutandis ; and (b) the office of First Vice-President shall be known as the office of Vice-President as if section 79 created the office of a Vice­President only: Provided that where the President was elected on the sponsorship of a political party, then he or she shall not appoint a Second Vice-President from that political party. [31 of 1994; 6 of 1995] (6) Notwithstanding any provision of this Constitution to the contrary, a person shall only be qualified for nomination for election as President or First Vice-President or for appointment as First Vice-President or Second Vice-President if that person— (a) is a citizen of Malawi by birth or descent; and (b) has attained the age of thirty-five years. [31 of 1994] (7) No person shall be eligible for nomination as a candidate for election as President or First Vice-President or for appointment as first Vice-President or Second Vice-President if that person— (a) has been adjudged or declared to be of unsound mind; (b) is an undischarged bankrupt having been declared bankrupt under a law of the Republic; (c) has, within the last seven years, been convicted by a competent court of a crime involving dishonesty or moral turpitude; (d) owes allegiance to a foreign country; (e) is the holder of a public office or a member of Parliament, unless that person first resigns; (f) is a serving Member of the Defence Forces or Malawi Police Service; or (g) has, within the last seven years, been convicted by a competent court of any violation of any law relating to election of the President or election of the members of Parliament. [31 of 1994; 6 of 1995; 38 of 1998]