Today, the five judges of the Constitutional Court ruled in favour of petitioners
Dr Saulos Klaus Chilima and Rev Dr Lazarus Chakwera. This will be a cause for celebration for many and for great disappointment for many others. How we respond as individuals and as a society will say more about our nation than politics ever can.
It is the constitution, laws and courts of Malawi that have brought us to this conclusion, and we must similarly be guided by them in the way forward. This case was about ensuring our elections are free and fair. Whether in an appeal or fresh presidential election, the process that follows must also be free and fair.
The deliberations and ruling of the court highlight widespread irregularities and failures in election management that represent a breach of Malawians’ right to free and fair elections. This will rightly be of significant concern to Malawians. Any appeal must address these issues beyond all doubt, failing that a fresh election must take these concerns into account and act to restore the integrity of our electoral system. As such, we call for the respective arms of government to act with unity and in collaboration with one another to uphold this judgement and the rule of law.
This is not a time for rumour and speculation and we trust that commentators and the media will avoid raising unnecessary confusion. We must all, therefore, exercise patience as we mark a peaceful route forward in the days and weeks to come.
We express our appreciation to the members and structures of the Constitutional Court in defending the democratic rights of Malawians. Despite public, media and political pressure they have addressed this complex issue with great professionalism. This is a testament to the maturity of our democracy and strengthens our reputation on a global scale.
As citizens and residents of Malawi, we must seek a way forward together and in peace. This is not the time for triumphalism or bitterness. We should not let our joy, sadness or frustration turn into violence.
Our political leaders must respect the judgement of the courts and practice the peace they have been calling for in recent weeks. Their statements and actions should not widen divides, but begin to build bridges. We call on the institutions of government, the Malawi Electoral Commission in particular, to do all they can to improve transparency and rebuild trust.
There are more questions to be answered and there are lessons to be learned. The people of Malawi expect and deserve to see people held to account for the corruption and abuse of our electoral process. The road to electoral justice does not end here. Government, parliament, civil society and the people of Malawi must come together once again on the issue of electoral reform. Malawi needs and deserves an inclusive government and expects all parties to work together with the public and civil society to spearhead improvements to the electoral process and make meaningful efforts to resuscitate public trust and rebuild confidence in the system.
Our hopes for peace and prosperity are fulfilled not by the institutions of government but by God. Therefore, we call on our politicians, judiciary, law enforcement and fellow Malawians to “…seek first the kingdom of God and his righteousness…” (Matthew 6:33). When we do so, we need not worry about tomorrow.
Let us continue to pray for this land of Malawi and for a resolution that brings stability and prosperity to our country.
Yours in His service,
Moses W. Mkandawire
Church and Society Programme
Executive Director
Released 3rd February 2020
