Page 11 - Nile Explorer Issue 006

Commission (MEC) committed multi- ethnic laager, including the capital, Efforts by lawyers for the Electoral
ple breaches against several pertinent Lilongwe, without a convoy of heavily Commission and the ruling party first
sections of the Constitution, and even armed military vehicles. The popularity to dismiss the case and later to extend
created illegal processes, thereby raising of the Malawi Defense Force rose, and a the time for disclosures of documents
serious doubts about the validity of the few misguided elements even seemed to and information by the 2nd respondent
election results. In its ruling, it called for yearn for the dangerous respite of a (Malawi Electoral Commission) to the
the appointment of new officers for the military coup. Predictably, businesses 2nd petitioner (Lazarus Chakwera of
commission. and the economy were shuttered. MCP) were curtailed. The case was
referred to select High Court judges
On May 27, 2019 the deeply compro- The other institution in which the disaf- sitting as a Constitutional Court (such a
mised Electoral Commission had fected and inflamed masses placed their court doesn’t exist as a separate entity).
declared the incumbent, Professor Peter political desires and demands for The court also dismissed several appli-
Arthur Mutharika of the ruling Demo- electoral justice was the judiciary. cations by the Attorney General in
cratic People’s Party (DPP), winner with Within a week after the general August and September for sanctions
38.57% of the popular vote, against elections were held, the two opposition and an injunction against political
35.41% garnered by Dr. Lazarus Chak- parties filed separate petitions with the demonstrations.
wera of the Malawi Congress Party High Court for the nullification of the
(MCP), the age-old Independence party, presidential elections over alleged irreg- Thus began the months-long election
and 20.24% for Dr. Saulos Chilima of ularities and mismanagement of the case that was broadcast live and trans-
the insurgent United Transformation electoral system. fixed the troubled nation. Hearing of the
Party (UTM) formed in 2018 by the case commenced on August 8 and ended
country’s former Vice President. The The odor of electoral malfeasance began on December 20, 2019. The hearings
Photo: A woman casts her vote at CCAP Primary School polling station during the Malawi Tripartite rest was shared by four other minor days after the election as stories of lasted 61 days and according to the
general elections in Mzuzu. on May 21, 2019. (Photo credit PATRICK MEINHARDT /AFP via Getty
Images) candidates. rigging started circulating, buttressed Constitution judgement had to be
by delays in announcing the results. rendered within 45 days. February 3,
The results provoked angry Soon a new word entered Malawi’s 2020 marks the 45th day. The court
e much anticipated ruling of Malawi’s In a lengthy judgement comprising was substantial compromise of citizens’ nation-wide protests led by the follow- political vocabulary: Tip-ex, a correc- hearings with all their gravity and levity
Constitutional Court was somberly more than 500 pages, but summarized voting rights and the principles and ers of the two main opposition parties tion fluid used to alter vote results enraptured the population as no other
delivered to an anxious, tense, and in a proceeding that was broadcast live processes of free and fair elections. e and civil society organizations, most sheets. The elections were Tip-exed, event since the transition from the
polarized nation on February 3, 2020. In to an anxious nation, the court noted it magnitude of the irregularities and notably the Human Rights Defenders Mutharika was Tip-Ex president, the one-party dictatorship to multi-party
a unanimous decision, the court was alive to the enormous importance anomalies were so widespread, Coalition, which paralyzed the major overwrought social media went into democracy in the early 1990s. It raised
nulli ed the hotly contested and rigged of the case given that this is the rst systematic and grave that the results cities in the months that followed. The overdrive. On May 25, UTM called for national awareness about election laws
presidential election of May 21, 2019. It time in the country’s history that a were compromised, and could not be protesters accused the DPP and MEC nullification of the election, while the and processes, and democratic rights
was a brilliant legal victory for the presidential election has been trusted as a true re ection of the will of led by Dr. Jane Ansah of gross electoral DPP requested the immediate release of and responsibilities. The country’s crass
opposition parties, and a profound subjected to a court dispute and ruling. the voters. fraud. They called for the ouster of the election results, and MCP applied and corrupt ruling cabal was exposed
political watershed for the country. e court stressed the Constitution President Mutharika and Dr. Ansah, the for a judicial review of the presidential for all its impunity, iniquity, and inepti-
calls for an open, transparent and In a meticulous and masterly exhibition latter under the #AnsahMustFall election results from several districts tude.
e level of public anticipation and accountable government through the of jurisprudence and judgement, the campaign, and demanded fresh and constituencies.
apprehension was so high that in many democratic choice exercised by its judges painstakingly outlined and elections. DPP supporters responded Some lawyers and pundits were
parts of the country businesses, schools, citizens. e right to vote is guaranteed analyzed all the issues in contention, the with counter-demonstrations, MEC proceeded first to release the applauded, others damaged their repu-
o ces, and public transport were closed and entrenched in the Constitution applicable laws, and interrogated state-sanctioned intimidation, and results of the parliamentary election, tations for their mediocrity and men-
or suspended. It felt like a national under the Bill of Rights. relevant legal precedents from other support rallies for the beleaguered and briefly withheld results of the presi- dacity. Similarly some witnesses were
holiday. Like millions of spellbound countries. e defense of the Chair of MEC led by women function- dential vote for a few more days that celebrated and others were ridiculed
Malawians at home and in the diaspora It a rmed elections must be managed respondents against the charges of the aries of the regime. Sporadic violence raised much suspicion. The influential into ignominy. The latter included an
I was glued to the radio. It made with all due diligence and integrity, and petitioners was le in tatters. ey lost broke out in several areas. and quasi-religious body, Public Affairs insufferably arrogant cabinet minister
watching the impeachment trial of conducted in a fair and transparent on the important issues of proof in an Committee (PAC), issued a press state- who flaunted a fake doctorate degree,
President Trump in the US Senate, manner. Clearly, this was not the case election case and the processes of The country was on fire, staring at the ment on May 30, 2019 stating categori- unearned accolades so beloved by
where the Republicans save for two with the May 21 presidential election. election management. e court found abyss of ungovernability. Public order cally that the elections lacked credibili- African elites, but couldn’t mention his
refused to allow additional witnesses In more than ten hours of reading the the Malawi Electoral virtually collapsed in some parts of the ty. The next day, on May 31, the two alma mater, a term he didn’t seem to
and documents, seem farcical in summary judgement, the court
comparison. So much for mature and systematically demolished the country as the discredited police lost main opposition parties filed separate know! In the meantime, large demon-
emerging democracies! arguments of the respondents. ere their credibility and authority. Even the election cases, which were consolidated strations and counter-demonstrations
president could no longer travel freely by the High Court four days later continued.
to many parts of the country outside his because they were similar.
The Nile Explorer 006 | 11
The Nile Explorer 006 | 11