Malawi: Discrediting Elections - Why the Opposition Playbook Carries Risks

analysis

Malawi recently held its breath as the Constitutional Court took ten hours to painstakingly read out its verdict on the highly controversial 2019 presidential elections. When it finally became clear that the judgment would nullify the election of President Peter Mutharika, jubilant opposition supporters took to the streets to celebrate.

Malawi became only the second country in Africa, after Kenya in 2017, and the fifth in the world, to see a president's victory overturned in the courts. What is striking about the two African cases is that the opposition did not conclusively prove that it had won the most votes. Instead, the judges concluded that widespread breaches of electoral regulations could also be interpreted as undermining key legal and constitutional principles.

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