Malawi to Begin Presidential Election Tribunal

Farida Adamu, August 14, 2019

The Constitutional Court in Malawi has begun hearing a presidential election petition challenging President Peter Arthur Mutharika’s re-election, held earlier this year.

Who is Participating?

The petition, which began on Thursday August 8, has up to five judges selected to listen to the case filed by the two main opposition candidates, Lazarus Chakwera of the Malawi Congress Party (MCP) and former Vice-President Saulos Chilima of the United Transformation Movement. President Mutharika, his party the Democratic People’s Party (DPP) and the MEC are all respondents in the case.

A Case for Transparency

The proceedings (which will be in both English and Chichewa –the dominant local language) will be broadcasted live on radio and TV on MIJ FM, Zodiak Broadcasting Stations (ZBS), Times Group and Malawi Broadcasting Corporation (MBC). The presiding judge noted that this is to encourage transparency and allow every Malawian participate by following the case.

Why this Matters

President Mutharika returned to the Office of the President after the May 21 polls, according to final results published by the Malawi Electoral Commission, MEC.

The opposition parties initially filed an injunction against the MEC’s final declaration in a High Court, but it was revoked and Mutharika was declared the winner.

This led to a series of demonstrations and protests by civil society organisations, demanding the resignation of the election chief and her commissioners. The Attorney General petitioned the court to ban the protests, which have resulted in clashes between opposition members and security forces, but the High Courts dismissed the request.

Mutharika may have US Support

Mutharika’s election was also endorsed by the United States when the Secretary of State, Michael Pompeo, congratulated the country for organising a ‘successful’ election.

In a statement issued on Malawi’s Independence Day, Pompeo said: “Malawi’s recent successful national elections underscore the nation’s commitment to our shared democratic principles.”

Many hope that the petition results will determine 79-year-old Mutharika’s stay in power.

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