In a landmark ruling in February of this year, Malawi’s High Court concluded that the country’s president Peter Mutharika was “not duly elected”. The Court thus annulled the May 2019 elections in Malawi citing massive irregularities. It ordered new elections within five months and concluded that the Malawi Electoral Commission had failed to carry out its responsibilities according to the constitution and electoral law. 

The lengthy, meticulously detailed, and unanimous ruling by the five judges has attracted widespread international acclaim. The court ruling followed numerous protests organized throughout the country after the May 2019 elections. 

Edge Kanyongolo is an Associate professor at the Department of Law at Chancellor College, University of Malawi. 

Resources:

A great judgment, but court victories won’t deliver democracy in Malawi (Dan Banik & Happy Kayuni, The Conversation, February 2020)Political Transition and Inclusive Development in Malawi: The democratic dividend (open access book with a chapter by Edge Kanyongolo, edited by Dan Banik and Blessings Chinsinga, Routledge).Courts and the Poor in Malawi: Economic Marginalization (Siri Gloppen and Edge Kanyongolo, International Journal of Constitutional Law, 2007)Edge Kanyongolo on TwitterDan Banik on TwitterIn Pursuit of Development on Twitter
 

 


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