Date: 4 February 2020
On 3 February 2020 Malawi’s constitutional court’s five panel judges unanimously annulled the 2019 General Elections results where President Mutharika had won with 38% thereby reverting to the 2014 to 2019 mandate until next elections are held. In interpreting the constitution, the court said that according to the law nobody won the 2019 elections because no candidate achieved 50+1.
The court have also reinstated Rt. Hon Saulos Kraus Chilima as the country’s Vice President replacing Rt. Hon Chimulirenji who had assumed office alongside President Peter Mitharika in May 2019.
The 500-page ruling cited widespread use of unauthorised correctional fluid, Tippex, to alter figures, the use of duplicate result sheets and unsigned results forms as cases that compromised the outcome of the elections. The court has also recommended to parliament to meet and amend the Elections Act paving way for a 50+1 win for the presidency.
The Africa Liberal Network congratulates the victory of the opposition political parties for championing the principles and actions of good governance and the rule of law. Further, the network commends the strict independence of the judiciary in protecting citizens’ constitutional rights. We also commend the Malawi judges for having resisted attempts of bribery as the case was in progress.
The Africa Liberal Network believes that Africa’s long-term development can only be assured when political and civil rights are secured for all people. Power comes from the people and is expressed through regular, free and fair elections.
This is the second time in Africa that a constitutional court annuls election results, the first was Kenya in 2017.
Elections should be open, transparent, and express the legitimate choice of the citizens.
This is indeed a milestone. This is a valuable lesson for all governments to learn from.
Well done to opposition parties for upholding democratic principles!
Issued by the Africa Liberal Network