Page 10 - Nile Explorer Issue 006

Photo: A woman casts her vote at CCAP Primary School polling station during the Malawi Tripartite
general elections in Mzuzu. on May 21, 2019. (Photo credit PATRICK MEINHARDT /AFP via Getty
Images)

e much anticipated ruling of Malawi’s In a lengthy judgement comprising was substantial compromise of citizens’
Constitutional Court was somberly more than 500 pages, but summarized voting rights and the principles and
delivered to an anxious, tense, and in a proceeding that was broadcast live processes of free and fair elections. e
polarized nation on February 3, 2020. In to an anxious nation, the court noted it magnitude of the irregularities and
a unanimous decision, the court was alive to the enormous importance anomalies were so widespread,
nulli ed the hotly contested and rigged of the case given that this is the rst systematic and grave that the results
presidential election of May 21, 2019. It time in the country’s history that a were compromised, and could not be
was a brilliant legal victory for the presidential election has been trusted as a true re ection of the will of
opposition parties, and a profound subjected to a court dispute and ruling. the voters.
political watershed for the country. e court stressed the Constitution
calls for an open, transparent and In a meticulous and masterly exhibition
e level of public anticipation and accountable government through the of jurisprudence and judgement, the
apprehension was so high that in many democratic choice exercised by its judges painstakingly outlined and
parts of the country businesses, schools, citizens. e right to vote is guaranteed analyzed all the issues in contention, the
o ces, and public transport were closed and entrenched in the Constitution applicable laws, and interrogated
or suspended. It felt like a national under the Bill of Rights. relevant legal precedents from other
holiday. Like millions of spellbound countries. e defense of the
Malawians at home and in the diaspora It a rmed elections must be managed respondents against the charges of the
I was glued to the radio. It made with all due diligence and integrity, and petitioners was le in tatters. ey lost
watching the impeachment trial of conducted in a fair and transparent on the important issues of proof in an
President Trump in the US Senate, manner. Clearly, this was not the case election case and the processes of
where the Republicans save for two with the May 21 presidential election. election management. e court found
refused to allow additional witnesses In more than ten hours of reading the the Malawi Electoral
and documents, seem farcical in summary judgement, the court
comparison. So much for mature and systematically demolished the
emerging democracies! arguments of the respondents. ere

10 | The Nile Explorer 006