Malawi: Constitutional court nullifies election

Malawi’s constitutional court has issued a landmark ruling nullifying the results of the 2019 general election that saw President Peter Mutharika win a second term in office.

In a massive blow to the president and his ruling Democratic Progress Party, the court upheld a complaint filed by the two main opposition candidates, Lazarus Chakwera and Saulos Chilima, arguing the election was not a fair contest.

They said the correction fluid, Tipp Ex, had been used on ballot papers to alter votes already cast after they had been signed off by party agents, and that in some instances people voted more than once.

In issuing the ruling, Justice Healey Potani said “The results are not a true reflection of the results… We hold that the first respondent [President Mutharika] was not duly elected as the President of Malawi”.

Justice Potani further added “We hereby order the nullification of the elections.  We also order that fresh elections be held”, and that “The fresh elections shall be held within a period of 150 days including Saturdays, Sundays and public holidays from here on”.

The Malawi Election Commission (MEC) defended its conduct during the election, but the court found it breached the provisions laid out for it in the constitution.

The five-judge panel have recommended reforming the Presidential and Parliamentary Elections Act, saying it does not provide the adequate means to handle cases where none of the candidates command an overall majority.

Large swathes of the Malawian public were incensed following the emergence of accusations of electoral irregularities in May, prompting unprecedented levels of outrage.

The country has since seen large scale and often violent public protest, resulting in the deaths of at least two people.

Malawi’s Human Rights Commission said a security crackdown relating to the unrest in October led to the sexual assault and rape of women, some in the presence of children.

Opposition supporters were buoyed by the prospect of a favourable court ruling following a similar case in Kenya in 2017, though there were fears that if the court did not move to nullify the election result, the country would witness further violence.

Photo: Nyasa Times