Page 12 - Nile Explorer Issue 006

The country seemed to be spiralling out
of control and the acrimony between
the ruling and opposition parties inten-
sified. PAC called for dialogue on the
electoral stalement to no avail. Appeals
for an open and inclusive dialogue by
the foreign diplomatic missions of
Germany, Ireland, Japan, Norway, the
United Kingdom, and the United States
also proved ineffectual.

The court hearings systematically
revealed blatant manipulation and
mismanagement of the electoral process
and system. The submissions by the
lawyers of the opposition parties vigor-
ously argued that the Electoral Com- The challenge was brought by Lazarus Chakwera (left) and Saulos Chilima
mission had breached their duty and (centre) against President Peter Mutharika (right)
infringed on the petitioners’ and
citizens’ political rights under various The second was a shocking leak in by arresting leading nationalists, which
sections of the constitution. They mid-January 2020. It was reported that provoked more protests. The day is
concluded, “the irregularity and fraud in on November 28, 2019 the Chief Justice marked as a national holiday called
the elections were substantial and had lodged a formal complaint with the Martyrs’ Day in honor of nationalist
significant that they affected the integri- Anti-Corruption Bureau (ACB) about a heroes who sacrificed their lives in the
ty of the elections.” bribery attempt targeting the judges protracted struggle for decolonization.
hearing the case for the nullification of Then there is of course July 6, Malawi’s
The petitioners sought nullification of the presidential election. On January 22, Independence Day. In the postcolonial
the presidential election of May 21, the ACB ordered the arrest of Mr. Thom era, June 14, 1993 marks a significant
2019 and the declaration of Peter Mpinganjira, a leading business tycoon. day when a referendum was held to
Mutharika as president-elect as invalid, But later that same night, Mr. Mpingan- abolish President Banda’s ruthless MCP
null and void. In their lengthy submis- jira’s lawyers managed to get an order dictatorship and introduce multi-party
sions, the respondents accused the from a magistrate in another city quash- democracy. The referendum was
petitioners of relying on hearsay ing the arrest warrant. Several days approved by nearly 65% of the voters.
evidence, and claimed “there were no later, on January 28, a High Court judge My parents’ generation had fought for
irregularities or other factors that beset ordered the re-arrest of Mr. Mpinganji- the ‘first independence,’ mine was in the
the election and that even if any were ra, and for disciplinary action to be forefront of the ‘second independence.’
there, they did not affect the result of taken against the errant magistrate and In recognition of my own role in the
the election.” They requested dismissal lawyer. The case underscored both the democratic struggle, the opposition
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
In January 2020, the drama continued as turned down a Cabinet appointment
the nation eagerly awaited the ruling of As February 3, 2020 approached every- when the party won the elections in
the Constitutional Court. Two particu- one wondered, which face of the courts May 1994. Unfortunately, my initial
lar events caught public attention and would show up. There are few dates in misgivings about the leadership and
wrath. One was a visit by the European any nation’s history that mark pivotal integrity of the President Bakili Mulu-
Union’s election observation mission. moments. In Malawi’s history they zi’s ten-year corrupt and lackluster
They announced plans to release their include February 3, 1915 when the administration were borne out.
report on the May 21 election, which leader of the first major uprising against
was met with outrage by the opposition colonial rule, John Chilembwe, an A day of infamy in Malawi’s political
parties, civil society, and the general American educated Baptist pastor, was trajectory under the ‘Second Republic’
public; the EU team was forced into a killed. Chilembwe Day is commemorat- is July 20, 2011 when nation-wide
hasty retreat. ed every January 15. Another key date is protests broke out against economic
March 3, 1957, the day the British mismanagement and creeping political
colonial government declared a state of authoritarianism by the DPP govern-
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| The Nile Explorer 006