Malawian Courts Annul 2019 Election Result
The courts in Malawi have annulled the 2019 election of President Mutharika following the launch of a successful petition contesting the results.
In accordance with the ruling by the Constitutional Court Malawi will now have fresh elections in 150 days.
Irregularities observed during the election and highlighted in the petition included tampered results sheets and the use of correction fluid.
President Mutharika was elected with 38.57% of the vote, followed by opposition candidates Lazarus Chakwera on 35.41% and Saulos Chilima on 20.24%. Following the announcement of the results Chakwera and Chilima launched a petition to challenge the results.
Speaking on the ruling Justice Healey Potani stated, “Our finding is that the anomalies and irregularities have been so widespread, systematic and grave such that the integrity of the result was seriously compromised, and can’t be trusted as the will of voters of the May 21, 2019 election.”
The ruling also described the electoral commission as “very lacking and demonstrated incompetence.”
The successful petition follows a precedent set in Kenya in 2017 when the Supreme Court nullified election results and ordered a new vote within 60 days as a result of irregularities. The nullification was a first for Africa.
A similar petition failed to get off the ground in Zambia following the 2016 elections when the courts ruled not to hear the evidence collated by the opposition based on a technicality. Commenting on the ruling by Malawi’s Constitutional Court UPND President Hakainde Hichilema released the following statement on social media:
“Fellow citizens,
Join me in congratulating the people of Malawi for upholding the values and ideals of the institutions of governance, democracy and the rule of law, in the landmark decision by the Malawian courts that led to the nullification of the 2019 Presidential elections. When Executive privileges were abused to dictate the outcome of an election in collusion with the Electoral Commission of Malawi, the people of Malawi stood their ground and refused to be compromised by fraud, bribery and intimidation.
The Malawian Judiciary has shown the world that in Africa, there are still men and women that can stand tall against the subservience of corruption and theft, even at the risk of putting their lives on the line, by ensuring that government and private actors are accountable under the law. The Malawian Judiciary has proved that laws can be applied evenly in protection of fundamental rights and tenants of democracy, against the repugnant and manipulative rules of carrots and sticks and illegal private gain, patronage and cronyism by government officials.
Malawi has become Africa’s team leader in raising the bar and setting the standards of what is right and moral in the defence of the will of the people, as opposed to the will of a clique of selfish individuals who will stop at nothing in perpetuating illegalities, at the expense of good governance. Zambians applaud the people of Malawi.”
