Reflections on Malawi's 2019 elections court decisions

Speaking out: Dingake
Speaking out: Dingake

“There is no higher crime an individual, an institution, or group of people can commit than one that subverts the sovereign will of the people, whether through incompetence, negligence, or design make the expression of that will inarticulate.” (Speech - Willy Mutunga, Chief Justice of Kenya (as he then was) November 14, 2011 when presiding over the swearing in of members of Kenya’s Electoral Commission).

In February 2020, the Constitutional Court of Malawi in a monumental 500-page judgement annulled the country’s May 2019 presidential election and ordered a re-run within 150 days, citing widespread polling irregularities that included the unlawful use of correction fluid on ballot papers.

The court also found that only about a quarter of the results sheets were verified, and concluded that such conduct amounted to “serious malpractice that undermined the elections”.

Editor's Comment
Get back what was stolen, and lock the door

That a single private law firm pocketed P6.5 million for just four cases, out of a total P11.1 million paid for 25 matters, reeks of a system that was not merely disorganised but open to abuse.Bayford has taken a welcome first step by telling the Public Accounts Committee the truth. Now he must act decisively to ensure it never happens again and that any money lost to wrongdoing is recovered.The figures are staggering. Whilst ordinary Batswana...

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