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Leaders & Politics

Malawi’s

2020 presidential

election re-run

and COVID 19 Incumbent, President Peter Mutharika (left), Lazarus Chakwera
(centre) and Saulos Chilima (right)

alawi’s Supreme Court May 7, in In February, Parliament had passed the “The position of this court is that
Ma unanimous decision upheld an Parliamentary and Presidential Elections the widespread use of Tippex greatly
earlier court ruling that annulled President Act (PPEA) Amendment Bill on 24 undermined the integrity of the
Peter Mutharika’s narrow election victory February, setting 19 May as the date for the elections so much, so that, applying the
last year. A new election will now be held new presidential elections and extending qualitative approach, the argument by
on July 2. Three candidates, including the terms of MPs and local councilors the second respondent (Malawi Electoral
Mutharika, have filed their nomination by one year to allow for harmonized Commission) that the valid vote count
papers. presidential, parliamentary and local was not affected and that no monitor came
In the May 2019 general elections, elections in 2025. forward to raise a complaint does not
incumbent President Peter Mutharika of In March the Malawi Electoral matter and this argument is thrown out”,
the Democratic Progressive Party (DPP) Commission announced a new election the ruling stated.
was re-elected with 39% of the vote, date, 2 July, one day before the 150 day The court further ordered that the new
defeating Lazaro Chakwera of the Malawi limit to hold elections as set by the elections be held under a majoritarian
Congress Party (35%) and Saulos Chilima system, a legal provision which was
of the United Transformation Movement Constitutional Court. rejected by the Malawi Parliament some
(20%). Mutharika has always defended the results two years ago, who instead had opted for
The DPP also remained the largest party as been having free and fair, but the simple majority system.
in the National Assembly, winning 62 of Constitutional Court said there just too Since the announcement of the election
the 193 seats. However, the presidential many irregularities and some results were results over eight months ago, Malawi
election was challenged in court by changed using typewriter or correction has experienced a spate of protests across
Chakwera and Chilima, and in February fluid.” the country, with protester demanding
2020 the Constitutional Court annulled In the ruling, Justice Kapanda, one of the the resignation of Jane Ansah, the
the presidential election results, citing seven judges who presided over the case chairwoman of the MEC for allegedly
evidence of irregularities, and ordered said: “We find that the first appellant mismanaging the elections.
fresh elections be held within 150 days. [Mutharika] was not duly elected to the Meanwhile, like a number of countries
The Constitutional Court in February had office of the president. around the world, will be faced with
cited “widespread, systematic and grave” Mutharika immediately after, filed his the predicament of how to hold an
irregularities when it annulled the vote nomination papers for the July rerun election during the pandemic without
that returned Mutharika to power last alongside his new running mate Atupele undermining measure in place to control
May; however, Mutharika, 79, and the Muluzi, the 41-year old son of former the spread of the virus.
electoral commission later appealed the If the country decides to go ahead with the
Constitutional Court’s decision. President Bakili Muluzi, who ruled
Malawi from 1994 to 2004. election it will have to make a number of
The Supreme Court, in its ruling said, “The changes to the electoral process, especially
various breaches undermined the duties Atupele Muluzi served as health minister the voting, to accommodate Covid-19
of the Malawi Electoral Commission and during Mutharika’s first term and measures such as physical distancing.
grossly undermined rights of voters. None contested last year’s presidential election, If Malawi postpones the election, the
of the candidates obtained a majority.” coming in a distant fourth. country will not be alone; to date, 48
adding that the electoral commission It was the first time a presidential election countries around the world – including
should not have appealed, as doing so was challenged on legal grounds in the six in Africa, including Ethiopia– have
showed it was taking sides. south African nation, since independence postponed one type of election or another.
“The conduct of the electoral commission from the United Kingdom in 1964, and How it goes about the postponement
left a lot to be desired,” Justice Frank only the second vote result to be cancelled would be another matter, particularly
Kapanda said. «There was a lack of in Africa after the 2017 Kenya presidential owing the fact that, these elections were
seriousness and incompetence.» vote. order by a court of law.

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