Malawi’s constitutional court has annulled last year’s disputed presidential election results, citing “widespread” irregularities and ordered a new vote.
The vote in May returned the sitting president to power, leading to deadly confrontations and widespread unrest.
President Peter Mutharika was declared the narrow winner of the May election with 38 percent of votes, followed by Lazarus Chakwera with 35 percent and former Vice President Saulos Chilima third with 20 percent.
The four other candidates collectively got nearly six percent.
The five-judge panel heard arguments that the vote was rigged by the president and electoral commission. Both have denied it.
Malawi’s electoral commission acknowledged receiving 147 reports alleging irregularities including the use of correction fluid to alter some results.
The two main opposition candidates alleged that the irregularities affected over 1.4 million of the total 5.1 million votes cast.
Mutharika and the electoral commission acknowledged some irregularities but argued they were insufficient to affect the election’s outcome.
The months-long court case has been accompanied by sometimes violent street protests demanding the resignation of electoral commission chairwoman Jane Ansah.
“Let’s try as much as possible to have elections that are free and fair. Where nobody feels cheated. These people were not just demonstrating for the sake of demonstrating. They strongly felt that they had been cheated. The system had cheated them,” Martha Chikuni, opposition protester, said.
The Malawi Human Rights Commission late last year released a report accusing the police of serious human rights abuses, including rape and assault, in one confrontation.
The judges themselves have come under pressure. In January, Malawi’s anti-corruption bureau arrested businessman Thom Mpinganjira, who was accused of approaching two judges with an offer of $135,000 to sway justice in favour of the president. The chief justice issued an official complaint to the bureau.
Mpinganjira was later released, however, after a magistrate in another court issued an order quashing the arrest warrant. The High Court then overturned that ruling, questioning the lower court’s conduct and ordering Mpinganjira’s arrest.
The international community, including the United Nations and African Union, has issued several statements before the vote urging people across Malawi to uphold the rule of law and remain calm.
A joint statement by diplomats from the United States, the United Kingdom, the European Union, Japan and others acknowledged the tensions around the ruling.
“Malawi can draw on an impressive history of institutions and leaders stepping forward to safeguard your democracy and ensure peaceful resolution for internal tensions,” the statement said, urging all parties to respect the court’s decision – as well as the right to appeal.
“For those who choose to exercise their right to demonstrate, we urge you to do so peacefully and legally, and for security personnel to proceed with balance and restraint,” it added.
SOURCE: AL JAZEERA AND NEWS AGENCIES
In Zambia we have monkeys in the constitutional court
The Malawian opposition has cited the use of correction fluid to alter results. THAT’S BONA FIDE EVIDENCE. Of course any court would act on that. Upnd in Zambia failed to provide a single shred of evidence, even their extended petition of Lungu not giving the speaker power during the petition was thrown out!!
Were they even given chance? Talk truthfully……………..
Can you imagine Lungu’s former university classmates we call Concourt Judges doing this? Botswana, Kenya, South Africa now Malawi..village chaps we ridicule.
Zambian Citizen – what about violence or an unknown official locking himself in the server room? Anyway you are a dull chap who doesnt even have a passport.
WELL DONE, NEVER KNEW THAT MALAWIANS CREDIBLE INSTITUTIONS. THE PEOPLES DREAMS AND ASPIRATIONS SHOULD NOT BE WASTED BY A BUNCH OF SATANIC CORRUPT THIEVES WHO HAVE NO DIRECTION, INTEGRITY OR LEADERSHIP QUALITIES.
Tarino-So why wasn’t the violence and that official’s presence presented as evidence in the court the way the Malawian opposition or Odinga’s party did?? Uli chipuba???
Let’s advocate for rigging elections to be treasonable. It’s as good as obtaining goods by false pretence or possessing stolen goods.
Zambian Citizen – You are daft as a brush, your reasoning is equally flawed and contradictory. Let me tell you this no Concourt Judge can nullify elections especially for a High ranking Minister or President in Zambia, typical example is Bauleni, Lusaka Central constituency that election was marred with violence, racism but no Judge had the balls to nullify them as the Mp was a sitting minister of Finance.
You are the same dull chap a few years back who was justifying that the price of an Ambulance is $280,000 yet those same Vans are sold here for £60,000 with all equipment.
Zambian Citizen – Don’t talk to me about Odinga you do not know how his parrty fought to reform the judiciary in the run to those General election.
We used to consider Malawi as a laughing stock years ago when they had a dictator, could not win a game of football and did not have a national TV service. Now, while we have been puss.y footing about, they have moved forward and shown some civility and principle. Right thinking members of the Zambian community know that the Zambian Judiciary is a nursery of the executive – making decisions based on allegiance, corruption and political expediency, rather than law.
Well done. Democracy and rule of law has spoken. We hope the malawian parties will accept and respect the court’s decision just as we in pf accepted the constitutional court’s ruling over upnds petition. We also allowed the courts to apply the law and it was ruled that his excellency ec lungu be duly elected as president. So why can’t our friends in upnd respect the courts of the land. We are there for our friends in Malawi. Viva democracy.kz
Zambian Citizen do not lower your self by engaging that upnd cadre tarino. Tarino has a lot of anger and pain inside. Tarino seek help. My home and office are open to anyone seeking help. Contact me please. Kz
Impressive and progressive. Let the will of people advance.
We all know who you really are, you are fortunately that daft morons like Zambian Citizen have not got the faculties to suss you out.
In Zambia we have *****s for opposition. Instead of submitting evidence they spend 2 weeks on preliminaries.
Zambian judges are tik toks believing in,, “Dio as I say” for seer 1. They can’t pass an upright judgement. They think with their corrupt stomach full of poop, they’re educated for nothing! Well done Malawian judges
AS REVEALED BY ONE SEER 1, THERE WAS A LOT OF “DO AS I SAY POWER” IN 2016 ELECTIONS INCLUDING THE PETITION ITSELF. MALAWI ELECTIONS WERE FREE OF THE “DO AS I SAY” INFLUENCE. THAT IS WHY THEIR PETITION HAS SUCCEEDED.
SORCERY CAN DEFEAT LOGIC IT IS NOT ACCOMPANIED BY THE POWER OF THE HOLY SPIRIT. ZAMBIANS MUST PRAY WITHOUT CEASING IN ORDER TO HAVE ORDER IN 2021 ELECTIONS. ABASH WITCHCRAFT IN ELECTIONS!
AS REVEALED BY ONE SEER 1, THERE WAS A LOT OF “DO AS I SAY POWER” IN 2016 ELECTIONS INCLUDING THE PETITION ITSELF. MALAWI ELECTIONS WERE FREE OF THE “DO AS I SAY” INFLUENCE. THAT IS WHY THEIR PETITION HAS SUCCEEDED.
SORCERY CAN DEFEAT LOGIC IF IT IS NOT ACCOMPANIED BY THE POWER OF THE HOLY SPIRIT. ZAMBIANS MUST PRAY WITHOUT CEASING IN ORDER TO HAVE ORDER IN 2021 ELECTIONS. ABASH WITCHCRAFT IN ELECTIONS! (note the correction)
Timely advise, KZ. This Tarino cadre is not worth the time.
We should celebrate Malawi and it’s reach for the rule of law.
Zambia’s take keen interest in this case. Use you mobile devices to record malpractice, such as the happenings in Chilubi.
Congratulations to Malawi. Development starts in the mind and is actualized through strong institutions.
zAMBIAN JUDGES ARE FAKE nd failiures learn from malawi judges well principled and respects the rule of law.
Do as I say. God will do as we want in 2021. Kaizer Vulu to jail and all the nyansiz.
That’s very impressive the wave of rule of law has blown from Kenya’s annulment now on to Malawi’s presidential annulment.Zambia is next and Lungu should be very afraid .
THE SCENARIO IN MALAWI WAS NOT THE SAME AS IN ZAMBIA’S 2016 ELECTIONS. WHILE IN MALAWI THE OPPOSITION HAD SUPPORT THROUGHOUT THE COUNTRY, UPND IN ZAMBIA DID NOT HAVE THAT KIND OF SUPPORT BUT EXPECTED TO WIN. WHILE IN MALAWI THE OPPOSITION DID NOT RIG ELECTIONS, THE OPPOSITION (UPND) RIGGED IN SOUTHERN, WESTERN AND NORTH-WESTERN PROVINCES BY REGISTERING UNDER-AGE CHILDREN AND HAVING MORE THAN ONE NATIONAL REGISTRATION CARD AND HENCE TWO VOTERS CARDS, THEREBY VOTING TIMES! AND WITH THAT HICHILEMA THOUGHT HE COULD WIN! BUT ZAMBIA IS MADE UP TEN PROVINCES, NOT THREE, SO HOW WAS HE CLAIMING TO HAVE WON, AND HIS SUPPORTERS STARTED INSULTING THE JUDGES! SO DEAR DESPERATE UPND SUPPORTERS THESE ARE TWO DIFFERENT SCENARIOS, SO DON’T THINK THAT IF ELECTIONS ARE ANNULLED IN MALAWI, IT MUST ALSO…
Sometimes we need to learn to face reality and realize that the country is bigger than any political party. Truth be told parties come and go and so we need to live our full life free of barberism, torment and threats. It appears some of us only began to live when a political party ascended to power. We need to exist regardless of who is in state house. Society is replete of example of people who become paupers when govt changes. Its is unacceptable to have normal citizens brandishing weapons of destruction against fellow citizens in public places like service stations. Some of us think we are immortal beings. In life there always comes that one day when we would be made to account for our mischief, either ourselves or our children long after we are gone. In my thinking kz should have…
THis is a big lesson to Zambian Judiciary. How l cry to have credible judiciary in Zambia men like the Sangwa and a like who articulate issues of juditiary well.
For the record: The Zambian concourt NEVER declared Edgar Lungu as the duly elected President of Zambia after 2016 election petition. If there was ample time all necessary evidence could been produced. But Zambians sure! With all the legal brains this country has produced, how could we give the Presidential petition 14 days?
Zambians don’t know what is best for them that is why a few selfish individuals through corruption have managed to force their will on the country. Zambians just like to watch thinking that things will sort themselves out, no it doesn’t work like that it is us people who must dictate how the leaders we appoint or elect run this country. Zambians behave like they are in an era of no knowledge. Wake up
Some of the people discussing on this platform, and appearing very innocent and genuine are actually hard core witches. They move with fertishes on their bodies, they used witchcraft in the last election. Abash witches!
FOOL when they caught a guy right in the server room. Are you stupid? Zambian Constitutional court are controlled. They have no Balls to standout for the truth. Like ECZ, ACC, they should be closed.
Courts don’t use preliminaries to pass judgement. They use evidence. The question every sincere Zambian should ask themselves is, with all that number of educated people in UPND was it very difficult in 14 days to present even just one evidence of either voting staffing like they claim for Kalulushi, or violence that made people not vote in a certain constituency or that man they say entered where the ECZ server was. Why I believe UPND had no evidence of rigging or electoral malpractice is that when the court told them to stop wasting time with preliminaries but present evidence, the day the UPND lawyers were expected to present evidence, they abandoned their client (UPND). HH and GBM appeared in court without their lawyers and asked the court to give them time to appoint new lawyers…
Now something very interesting happened when the court declared that 14 days has elapsed. The same lawyers who abandoned HH and GBM resurfaced to sue over the failure by ECL to handover power to the speaker during petition hearing and also on how to count 14 days.
This made me just conclude that UPND had no case against the election of ECL except that HH and GBM just wanted to make life difficulty for their friends. In Malawi and Kenya evidence was presented .
How was UPND supposed to do that when Lungu still held on to power and didn’t hand over to the speaker? The play field was already unfair because Lungu still had power to influence the useless judges that we shamelessly have in Zambia. All judges in the con court must be fired by the Zambian people they don’t deserve the money they get no credibility and reliability in them.
the zambian constitutional court colluded to frastrate the petition in Zimbabwe the whole bench sat , in malawi the who bench sat here it was just anne mwewa stali the never guided how the petition was to be like in zimbabwe the court should have set out everything we shall sit from 09- 20 hrs including weekends this days shall be like this which was not done then they come and say we v allocated two days each to petitioners and repondents then all everyone heard was the time has elaspsed what can u say it was a fraud of a court.
How long does it take to count up to 5 million pieces of paper? Weeks? Zambians election results took days to tally, which makes the figures susceptible to manipulation and guess what Kaizer Zulu agrees that he participated in manipulation of vote figures.
Ignore KZ. He is a biological mistake, an accident. Violence is his default. This low life thinks we are stupid as Zambians. Everything got time. This little faggot called Kaizer will know Zambia some day. Tick Tock!!
That lady in that dress. I don’t like politics or politicians.
If only we could learn, we would have learned from this landmark case. Yes, Malawi has done it. We too can, but only if we could learn. Sadly, we can’t learn. We would rather die than learn.
In Zambia the dynamics are completely different. Here, it’s not just the Constitutional Court. We have an army that is subservient to the government. It shoots and kills on sight. That has tended to muzzle the citizenry. Malawians, by contrast, have a voice. Do you know why? It’s because they are under the protection of the army.
When you have a president who can break each and every rule, and then use the army to scare away protests, what can a poor judge on a so called “Constitutional Court” do, except to dance to the tune and play according to, and not against, the rules? The question is, who sets those rules, if not the president, himself? That is what creates autocracy. It is not that Zambians or Zimbabweans are indolent, nor that Malawians are this or that. It is rather that Zambia and Zimbabwe are autocracies. Malawi is not. The game changer in either case is the army and the role it plays in the day to day affairs of its country.
An autocracy is an autocracy, full stop! A democracy is a different creature. Most so called “democracies’ in Africa are, in reality, autocracies dressed in sheep skin – so groomed in order to take the semblance of and look like democracies when, in actuality, they are not. What we are dealing with in Zambia is an autocracy.
Check it out – I mean Zambia’s autocratic system. Check its tenure and stature. It is as strenuous as it is tenuous. Who is there to cough if truly he/she values his or her own life?
Zambia could learn from this experience and this is exactly what should have transpired following the disputed 2016 elections. To ensure transparency, why cant Zambian poling stations post results immediately they are counted – I am sure you just need some software on any device to broadcast the results immediately. I know PF Government is broke and therefore I am happy to organise the sofware to keep all parties at peace.Why Keep results in a server room allowing dodgy characters to manipulate the results…
UPND SUPPORTERS ARE VERY DULL, YOU ARE STILL DREAMING THINGS WHICH ARE NOT IN THE ZAMBIAN CONSTITUTION, THAT PRESIDENT LUNGU WAS SUPPOSED TO HAND OVER POWER TO THE SPEAKER OF PARLIAMENT IN 2016. EVEN IN MALAWI PRESIDENT MUTARIKA HAS NOT HANDED OVER POWER TO ANYBODY, HES STILL IN POWER! SO WHATS THIS FUSS ABOUT LUNGU HANDING OVER TO THE SPEAKER IN ZAMBIA. UPND ARE TOO MUCH BURIED INTO TRIBALISM , THEIR THINKING IS THAT THE SPEAKER WHO IS LOZI, SO WILL FAVOR HICHILEMA ON TRIBAL COUSINSHIP. THERE’S NOTHING LIKE THAT, FOR ONE TO BE PRESIDENT OF ZAMBIA HE MUST BE POPULAR AND HAVE SUPPORT IN AT LEAST SEVEN PROVINCES OUT OF TEN! WHICH HAS BEEN AND IS A PIPE DREAM FOR YOUR HICHILEMA. SO HICHILEMA WILL NOT BECOME PRESIDENT BY BEING FAVORED, HE HAS TO BE POPULAR AND ACCEPTED IN ALMOST ALL…