Malawi court annuls 2019 Presidential election

Malawi Constitutional Court on Monday annulled the May 2019 presidential vote that declared Peter Mutharika a winner.

 

The electoral commission declared Mutharika winner despite complaints of irregularities including results sheets with sections blotted out or altered with correction fluid. Police also fired tear gas at protesters while the government accused the opposition of attempting to overthrow Mutharika by force.

 

In a unanimous decision on Monday, a panel of five judges ordered that a new presidential vote be held within 150 days.

 

“It is almost impossible to have an election free of irregularities,” said Justice Healey Potani, who headed the panel.

 

“However, in the present matter our finding is that the anomalies and irregularities have been so widespread, systematic and grave that the integrity of the result was seriously compromised, and can’t be trusted as the will of voters of the May 21, 2019, election.”

 

The court described the conduct of the electoral commission as “very lacking and demonstrated incompetence”.

 

This is the first election to be legally challenged since Malawi’s independence in 1964.

 

Outside the court proceedings, backers of Mr Mutharika’s Democratic Progressive Party often mentioned reports of international observers, which were largely favorable, as evidence that he won the vote fairly.

 

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.