Malawi’s Constitutional Court Nullifies May 2019 Election

Malawi’s capital, Lilongwe, has been the center of anti-government demonstrations. (Wikimedia Commons)

The constitutional court in Malawi issued a ruling on February 3 annulling the controversial results of the May 21, 2019, election. The current president, Peter Mutharika, narrowly won the last election with only a three percent lead over his main opponent, Lazarus Chakwera.

The court ruled that Mutharika will remain in office until a new election is held. Mutharika appealed the court ruling, along with the other defendant, the Malawi Electoral Commission. This is the first election to be challenged in Malawi since the country’s independence in 1964.

The judge presiding over the court said that there had been widespread irregularities in the 2019 general election, an election which was followed by widespread anti-government protests. Mutharika won the election for a second term with just 38.6 percent of the vote, as opposed to Chakwera, a candidate representing a center-right party, who won 35.4 percent of the vote. A third candidate, Saulos Chilima of the liberal United Transformation Movement, who won 20.2 percent of the vote, also went to court with Chakwera to challenge the integrity of the election.

The court case has posed a challenge not only for Mutharika but also for the entire country. This highly contested election has caused months of clashes between anti-government protesters and police. Schools were closed across the country ahead of the court’s announcement, and the judge presiding over the case had to be accompanied by a military escort into the country’s capital city, Lilongwe, for fear of an assassination attempt.

Lawyers contesting the election results claim that correction fluid was seen widely used on the ballots at polling stations, changes that appeared after party agents certified the ballots. Lawyers arguing against allegations of election fraud, however, claim that the correction fluid was not used to change vote results but rather to correct procedural information. Supporters of President Mutharika pointed to reports released by international election observers as proof that the election was fair. 

The general public, however, largely disapproved of the election. Anti-government protests have been a common occurrence since the election, and two people were killed during demonstrations. Reports by the country’s Human Rights Commission accused forces involved in a security crackdown against protesters of committing sexual assault.

In February, a businessman was arrested on charges of attempting to bribe the judges presiding over the election case to favor Mutharika. 

The public’s view of the police has worsened as many accuse them of serving their own interests rather than helping bring order to areas affected by the protests. In light of the lack of an effective police response, the military has taken responsibility for calming the situation. This only adds to the multi-faceted threat posed toward stability in the sub-Saharan republic, one which was stimulated but by no means triggered by the court decision regarding the election.