Since the disputed 2019 election, Malawi has seen widespread protests over many issues. There has been a high level of anxiety among people in Malawi, as they wait for a panel of five top judges to make a ruling on last May’s conflicted presidential election. Thecourt is set to rule on whether to annul controversial poll results that saw the re-election of President Peter Mutharika.
According to preliminary results, President Peter Mutharika won a second term with 38.6% of the vote.
But opposition candidate Lazarus Chakwera went to court to argue that he should have been declared the winner, he also said that the electoral process, especially the way the results were handled, was full of irregularities and was fraudulent. The lawyers of the opposition Lazarus Chakwera also stated that in court, that correction fluid – known locally by the brand name Tipp-Ex – had been used on some of the tallying forms sent in by polling stations.
SaulosChilima, leader of the opposition United Transformation Movement party, and Lazarus Chakwera, leader of Malawi Congress Party, are seeking nullification of the May presidential vote..
The changes were made after they had been signed by party agents, they said.The lawyers also said that in some cases polling officials sent in the wrong copy of the results sheet to the main tallying centre.They also found some mathematical errors in a small number of cases.
Though in each case there were not a huge number of errors, the lawyers said that the evidence pointed to a flawed process.
Since the disputed results were announced last May, there have been regular anti-government protests. Some of these have resulted in looting and the destruction of property, including government offices.
According to some Malawians, the rise in demonstrations over various different issues reflects a general lack of trust in the government and the country’s institutions. At the 9 January rally, several protesters expressed a wide range of grievances – such as the rising costs of living, corruption and drug shortages – well beyond the scope of the specific demonstration.The demonstrations also called for the prosecution of police officers accused of sexually assaulting protesters, but there have been many more like it with different demands over the past year.
Police in Malawi have announced the closure of roads leading to the High Court in the capital, Lilongwe, where judges of the country’s Constitutional Court are expected to deliver the verdict, as the area is prone to violence by angry demonstrators.Some residents feel the closing the roads, infringe on their rights.
According to James Kadadzera, spokesperson for the Malawi National Police, “no person will be allowed within 150 meters of the High Court premises.
“We are also informing those that have been accredited by the high court to carry their IDs, their accreditation cards. And all those that haven’t been accredited, we are asking them to listen to the judgment in their respective homes as well as their respective offices,” he said.
This is the first time Malawi has gone to the courts following a disputed election result. It presents a serious test for both the country’s democracy and the independence of its judiciary. Whatever the verdict, however, many warn that Malawi’s era of protests is set to continue.
The constitutional court’s panel of five judges has finished hearing the petition and is set to announce its verdict in early February. While some hope this will draw a line under Malawi’s recent uncertainty, others are skeptical that the highly-politicized case will ease tensions.
The court can rule by a majority decision and it is not clear which way the judges will go.Opposition supporters have taken encouragement from the 2017 Kenyan court decision to annul the presidential election there.But if the court does not cancel the result there are chances of more violence and demonstrations.
