Malawi’s CJ takes a bow
Publish date: 29 June 2020
Issue Number: 879
Diary: IBA Legalbrief Africa
Category: Judiciary
‘At the end of a storm
There's a golden sky
And the sweet silver song of a lark … .’
– Gerry and the Pacemakers
With all the doom and gloom around the continent and the rest of the world, it’s easy to lose sight of many of the positive narratives coming out of Africa. Legalbrief reports that large parts of the continent have not seen the surge in coronavirus cases that were widely predicted, the net is closing on several high-profile fugitives like Isobel dos Santos, there has been progress in the tense talks over the Nile mega-dam, and five African football stars – Joel Matip, Naby Keita, Sadia Mane, Yasser Larouci, Mohamed Salah and Billy Koumetio – all played a prominent role in Liverpool F.C.’s glorious championship victory. On the political front, there is also plenty of cheers as countries such as Benin, Botswana, Burundi, Ghana, Namibia, Mauritius, Senegal and SA have become bastions of democracy. And the historic rerun of Malawi’s presidential election has been won by the opposition, the first time a court-overturned vote in Africa has led to the defeat of an incumbent leader.
BBC News reports that other countries in Africa have had elections annulled – it happened in Kenya in 2017 – but for the opposition candidate to then go on and win a rerun is unprecedented. Lazarus Chakwera’s victory was a result of months of determined street protests and a unanimous Constitutional Court decision that the May 2019 vote had widespread irregularities and could not stand. The Guardian reports that he said ‘this is a win for Malawians, it is a win for democracy, a win for justice’. Chakwera won with 2.6m of the 4.4m votes cast. President Peter Mutharika, who had sought a second five-year term, called this new election flawed but has urged the country to ‘move on peacefully’. The Malawi Human Right Commission, one of the observers, has said the election was peaceful and transparent.
Chakwera, who took the oath of office this weekend, promised a new dawn to all Malawians and told an ecstatic sea of flag-waving supporters that he is filled with unspeakable joy and gratitude. ‘It’s an honour forged in the furnace of your desire and demand for change. It’s an honour crafted by your hand when you braved the winter chill to cast your vote. It’s an honour that has reignited the dream of our nation’s founders for a new Malawi,’ Chakwera said. The Mail & Guardian reports that the biggest cheers of the day were reserved for Chief Justice Andrew Nyirenda – who Mutharika had tried to sack just before the election – as the director of the ceremony announced his arrival at the Bingu International Convention Centre grounds. A warm reception was also given to Dr Chifundo Kachale, the chairperson of the Malawi Electoral Commission, who took the leadership of the institution only weeks ago – and has been widely lauded for organising a credible election, against all odds.
‘The outcome is not surprising at all. It is what most Malawians were expecting. The only thing people are surprised with is the win margin,’ Jimmy Kainja, a lecturer in media, communication and cultural studies at the University of Malawi, told Al Jazeera. Zambia's main opposition leader Hakainde Hichilema tweeted that Malawians ‘have set a great example for Africa!’. Mmusi Maimane, former leader of SA's main opposition Democratic Alliance, said ‘my friend, brother and leader has just won the Malawian elections ... change is coming'. Nevertheless, Chakwera has formidable challenges ahead. The historic election and the heated campaign period exposed bitter regional divisions in the country of 18m people.
