Page 13 - Nile Explorer Issue 006

The country seemed to be spiralling out
of control and the acrimony between ment led by President Bingu wa e court called for fresh elections whether the main contending parties
the ruling and opposition parties inten- Mutharika, the elder brother of the within 150 days. e o ces of the will contest the fresh presidential
sified. PAC called for dialogue on the current president. e draconian President and Vice President were election, but how. Will the opposition
electoral stalement to no avail. Appeals crackdown against the demonstrations returned to the status quo before the parties proceed separately as before or
for an open and inclusive dialogue by over the next several days resulted in
the foreign diplomatic missions of May 21 election, thereby reinstating form an electoral alliance to ght the
Germany, Ireland, Japan, Norway, the nearly 20 people killed and another 58 Vice President Chilima and retaining fresh election?
United Kingdom, and the United States injured and up to 275 arrested. e President Mutharika till new elections.
also proved ineffectual. country was shaken to its knees. e Parliament was urged to meet within 21 In its ruling, the Constitutional Court
hapless president never regained his days to pass legislation on new found that no candidate in the May 21,
The court hearings systematically political footing, and less than a year presidential, parliamentary, and local 2019 presidential election had secured a
revealed blatant manipulation and later, on April 5, 2012, he died of a heart elections and maintain the principle of majority and proclaimed that from the
mismanagement of the electoral process attack at the age of 78. concurrent tripartite elections every 5 next election only a candidate who
and system. The submissions by the years. secured 50+1 would be deemed elected
lawyers of the opposition parties vigor- e landmark verdict nullifying the as President. Parliament was asked to
ously argued that the Electoral Com- The challenge was brought by Lazarus Chakwera (left) and Saulos Chilima presidential election today, will mark As happened in Kenya a er the make the necessary amendments to the
mission had breached their duty and (centre) against President Peter Mutharika (right) February 3, 2020 as another milestone presidential election was annulled on electoral law. In 2017 the DPP
infringed on the petitioners’ and in the history of this incredibly September 1, 2017, the annulment in supported by a minority party had
citizens’ political rights under various The second was a shocking leak in by arresting leading nationalists, which beautiful, but badly governed, and Malawi will be greeted by jubilation by blocked the Presidential, Parliamentary
sections of the constitution. They mid-January 2020. It was reported that provoked more protests. The day is desperately poor country. One of the leaders and followers of the and Local Government Amendments
concluded, “the irregularity and fraud in on November 28, 2019 the Chief Justice marked as a national holiday called Malawi’s most renowned intellectuals, opposition parties, and trepidation by Bill that would have allowed a 50+1
the elections were substantial and had lodged a formal complaint with the Martyrs’ Day in honor of nationalist andika Mkandawire, noted for his
significant that they affected the integri- Anti-Corruption Bureau (ACB) about a heroes who sacrificed their lives in the caustic wit, told a Malawian friend that those a liated to the ruling party, electoral system.
ty of the elections.” bribery attempt targeting the judges protracted struggle for decolonization. including some professionals and
hearing the case for the nullification of Then there is of course July 6, Malawi’s visiting Nairobi in December 2019, former activists who sold their souls for Malawi’s current rst-past-the-post or
The petitioners sought nullification of the presidential election. On January 22, Independence Day. In the postcolonial served as a grim reminder of Malawi’s tarnished pieces of silver. In the days winner-take-all system is one of the
the presidential election of May 21, the ACB ordered the arrest of Mr. Thom era, June 14, 1993 marks a significant lost y years of independence; much as leading to the Constitutional Court root causes of political instability. It
2019 and the declaration of Peter Mpinganjira, a leading business tycoon. day when a referendum was held to one might nd visiting the Asian ruling, political and religious leaders, facilitates minority presidencies. Since
Mutharika as president-elect as invalid, But later that same night, Mr. Mpingan- abolish President Banda’s ruthless MCP economic tigers a sobering testimony to the security services, foreign diplomatic the dawn of multi-party democracy in
null and void. In their lengthy submis- jira’s lawyers managed to get an order dictatorship and introduce multi-party Africa’s lost years of independence. missions as well as the United Nations 1994, there have been six elections.
sions, the respondents accused the from a magistrate in another city quash- democracy. The referendum was and the African Union appealed for Only in two of these did the elected
petitioners of relying on hearsay ing the arrest warrant. Several days approved by nearly 65% of the voters. Malawi follows Kenya, where on calm and urged citizens to accept the president garner more than half the
evidence, and claimed “there were no later, on January 28, a High Court judge My parents’ generation had fought for September 1, 2017 the Supreme Court court’s decision. votes of the electorate (1994–Bakili
irregularities or other factors that beset ordered the re-arrest of Mr. Mpinganji- the ‘first independence,’ mine was in the annulled the country’s presidential Muluzi 46.15%; 1999–Bakili Muluzi
the election and that even if any were ra, and for disciplinary action to be forefront of the ‘second independence.’ election held on August 8, 2017. In fact, One hopes President Mutharika will try 52.34%; 2004 Bingu wa Mutharika
there, they did not affect the result of taken against the errant magistrate and In recognition of my own role in the in its judgment the Malawi to salvage his tattered reputation by 35.97%; 2009 Bingu wa Mutharika
the election.” They requested dismissal lawyer. The case underscored both the democratic struggle, the opposition Constitutional Court frequently gracefully accepting the court decision, 66.17%; 2014 Peter Arthur Mutharika
of the petitions with costs. rot and rectitude of the country’s party, the United Democratic Front
besieged judicial system. appointed me Shadow Minister, but I referred to the Kenyan case. Cancelling as his predecessors, President Banda did 36.4%; 2019 Peter Arthur Mutharika
In January 2020, the drama continued as turned down a Cabinet appointment presidential elections is extremely rare when he lost the 1993 referendum, and 38.57%).
given the high levels of substantiality of
the nation eagerly awaited the ruling of As February 3, 2020 approached every- when the party won the elections in President Muluzi lost an ill-guided
the Constitutional Court. Two particu- one wondered, which face of the courts May 1994. Unfortunately, my initial evidence required in such cases. us attempt at a third term.
lar events caught public attention and would show up. There are few dates in misgivings about the leadership and Malawi has joined an exclusive club of
wrath. One was a visit by the European any nation’s history that mark pivotal integrity of the President Bakili Mulu- world democracies. Annulment of an As became evident in Kenya, annulling
Union’s election observation mission. moments. In Malawi’s history they zi’s ten-year corrupt and lackluster election represents a grave indictment a presidential election does not
They announced plans to release their include February 3, 1915 when the administration were borne out. of the electoral body. e Constitutional guarantee a smooth re-election process.
report on the May 21 election, which leader of the first major uprising against Court was unsparing in castigating the In fact, the opposition in Kenya
was met with outrage by the opposition colonial rule, John Chilembwe, an A day of infamy in Malawi’s political Malawi Electoral Commission for its proceeded to boycott the election, so
parties, civil society, and the general American educated Baptist pastor, was trajectory under the ‘Second Republic’ incompetent and improper that the incumbent, President Uhuru
public; the EU team was forced into a killed. Chilembwe Day is commemorat- is July 20, 2011 when nation-wide management of the entire presidential Kenyatta, cruised to victory unopposed.
hasty retreat. ed every January 15. Another key date is protests broke out against economic election process. is is unlikely to happen in Malawi. In
March 3, 1957, the day the British mismanagement and creeping political
colonial government declared a state of authoritarianism by the DPP govern- fact, what might be in question is not
12 | The Nile Explorer 006 The Nile Explorer 006 | 13