MALAWI: A WIN FOR DEMOCRACY TO REMEMBER


As the year-end with the world fixated on the US presidential elections in late October, it was worth mentioning the decision by Malawi's Constitutional Court to annul last year's election and called for a new ballot within 150 days. 

In a landmark judgement that most experts hailed as a step forward for democracy, Malawi's Constitutional Court found that evidence of fraud and malpractice meant the result of the poll could not be allowed to stand. A decision that came as a surprise to many, sparked celebrations in the streets and gave a fillip to democracy on a continent where the political process is too often abused. Gary Van Staden, an analyst at NKC African Economics based in Paarl, said in an emailed note to clients, 'The days of politicians playing fast and loose with electoral law are clearly numbered.' 'That is encouraging for the consolidation of democracy on the continent.'

At a time when standards of leadership and democracy are under threat even in the most advanced democracies like the USA, to say the overturn of the Malawian election as normal is a significant understatement. Indeed it is a victory of democracy and stands as hope for other African countries who live to see the 'real democracy'. In the USA not only President Trump falsely declared victory but he and his campaign were set on suing to stop counting votes in select states. He even went on hinting about refusing to leave the White House if he lost the election.

The political crisis arose in June 2019 when Malawi's incumbent president Peter Mutharika was declared the winner of the hotly contested presidential poll amid widespread claims that the election was rigged in his favour. Civil unrest and protests subsequently erupted and opposition parties turned to Malawi's courts to resolve a situation that was threatening the stability of the country. In February, despite facing attempted bribes and death threats, Justice Healey Potani, Ivy Kamanga, Redson Kapindu, Dingiswayo Madise and Michael Tembo proceeded to nullify the poll's outcome, ordering a re-run. The judges took more than 10 hours to read their 500-page decision, amid heavy security and calls for calm from diplomats. Their judgement described 'widespread systematic and grave' irregularities including significant use of correction fluid to alter the outcomes.

Numerous other recent electıons in Africa, including those in Zimbabwe, Nigeria, Mozambique and Ghana have been dogged by digging allegations. A study of 44 nations on the continent carried by Nic Cheeseman, a professor of democracy and international development at the University of Birmingham in the U.K, showed almost every criterion used to evaluate the state of democracy slipped between 2015 and 2017.

The iconic images of Malawian woman, boys and young men demanding change from the streets inspired hope of a new democratic dawn. The willingness of so many people to risk their safety to demand a better future served as a striking illustration of the widespread desire for more responsive and inclusive governments. With the continent often referred to as 'The dictators' factory ' observers have described the judges’ decision as a democratic milestone for Africa that might pave way for an end to 'presidents for life'.Malawi’s opposition presidential candidate, Lazarus Chakwera, went on to secure 59 per cent of the vote to Mutharika’s 40 per cent, a winning margin that made it nearly impossible for the ruling Democratic Progressive Party to rig the outcome.

In setting aside the victory that returned President Peter Mutharika and his Democratic Progressive Party to power, Malawi became just the second African nation to do so after Kenya’s High Court overturned the outcome of a 2017 vote.



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