Constitutional Court ruling: Redemption time for Malawi

By Mathias Burton Kafunda*
In a historic ruling and a second in Africa, Malawi’s Constitutional Court on Monday, 3rd February 2020 nullified the re-election of a sitting president, ordering a new vote to be held within 150 days after finding that the outcome of the May 21 votes had been tainted by grotesques irregularities.
It was a stunning moment for Malawians and for democracy in general. The ruling also offered a potent display of judicial independence on a continent where courts often come under intense pressure from political leaders. The Constitutional Court decision came as a surprise to many, even to opposition supporters. Thousands of people in the opposition strongholds of Kasungu, Karonga and parts of Lilongwe streamed into the streets and whooped with joy after the news was announced.
Malawi’s case was the second example in Africa after Kenya, in which a court nullified the re-election of an incumbent. While most people view this luring in terms of “winners” and “losers” however it is neither the case of winners and loser but rather a redemption moment for the country and for democracy. It is a redemption moment in which the country has been given a chance to go back and right a wrong, to go back and make amends with democratic principles that were so grossly breached, to go back and restore the faith in democratic values that civilized nations and people across the globe so strongly believe in. The country has been given a chance to go back and rescue the integrity of the electoral process.
While the constitutional court has granted the country a chance to redeem integrity of the electoral process, however it is also a time to sit back and reflect on what we need to learn from this experience to inform our conduct in the upcoming presidential vote. Firstly, from our previous experience it has come clear that the electoral process lacked integrity. What are Elections with Integrity? For most people, integrity refers to ‘incorruptibility or a firm adherence to a code of moral values.’ To say that a person has great integrity is to say that he or she is guided by an ethical compass and cannot be corrupted by material considerations or parochial interests.
What happened in the May 21 polls and the preceding events could not possibly meet this criterion by any standard and measure and most importantly that this applies to both institutions and individuals that were meant to uphold the integrity of our electoral process.
Integrity problems are often assumed to result from dishonest or fraudulent practices, but they can also be the result of human error or honest mistake. It is essential for election administration to be professional and accurate. Sloppy work or inaccuracies in tallying votes can raise integrity questions and compromise the validity of the results.
It is a given fact that an election is the result of a complex process requiring the participation of a multitude of players. There are winners and losers in every election. The stakes are high, and there is a great temptation to ensure victory through illegal or ethically questionable (improper or even corrupt) means. If anyone ever doubted, it has come out very clearly from this ruling that election results can be rigged or disrupted to predetermine who will win or lose, casting doubt on the legitimacy of the process. Electoral integrity cannot be taken for granted.
There must be very concrete plans to ensure that mechanisms are adhered to make it possible to monitor actions of the electoral administration; ensure oversight of the electoral process by other government sectors or agencies, civil society, and the media; and provide for enforcement of electoral rules and regulations through administrative or legal means. Consistent, legitimate electoral standards and practices must be held to help detect, deter and prevent electoral improprieties and illegalities, and help ensure integrity. Without effective enforcement, even the best regulations are merely good intentions that is something of bitter lesson from this experience.
Going into this re-run, it is a must that effective enforcement of mechanisms be in place to ensure that anyone breaching election law and regulations is detected and made subject to sanctions in a timely, appropriate and non-partisan manner. Effective law enforcement in response to electoral violations or improprieties would not only help to maintain the integrity of the electoral process but also prevent a recurrence of this experience and to deter future problems.
Secondly, it has been evidenced by this experience that while legal framework generally establishes protection mechanisms and determines the institutional structure to support electoral integrity; however, oversight of the election process by political parties, the media, and individual citizens is another important means of protecting electoral integrity.
As with checks-and-balances among administrative bodies, public oversight helped detect problems in the May 21 polls. Going into this re-run it should be very clear to the people of this nation that active oversight and supervision ensures that participants in an election process are held accountable, that at any cost we will promote transparency to establish the credibility of the electoral process and help ensure compliance with the legal framework.
Without electoral integrity, leaders and officials lack accountability to the public, confidence in the election results is weak, and the government lacks necessary legitimacy. Electoral integrity allows for peaceful resolution of conflict, open dialogue, debate, and information sharing among leaders and the public. Integrity depends on public confidence in electoral and political processes; for elections to have integrity they must be, and must be perceived by voters as being, conducted competently in a professional, non-partisan manner, hence to ensure that elections have integrity, other factors outside of the electoral institutions themselves need to be taken into account and strengthened. Election officials, judges and courts must have independence that is respected by politicians.
Why Elections with Integrity Matter? Elections with integrity are important to the values that we hold dear—human rights and democratic principles. Elections are fundamental to the ethos and principles of democracy. They create the opportunities for individuals to identify and pursue their political preferences, participate in the political process, and hold their representatives accountable without fear of repression or violence. They provide citizens with the means to discuss, debate, and educate themselves about key issues of governance, making free and open competition and political campaigning as important as the act of voting itself.
For elections to uphold human rights and democratic principles, they must be conducted with integrity. When elections lack integrity, electoral officials are not accountable to the public, and political candidates and voters are denied equal opportunity to participate in and influence the political process. Citizens lose confidence in democratic processes when elections are not inclusive, transparent, and accountable. When elections have integrity, they bolster democracy, respect fundamental rights, and produce elected officials who are more likely to represent their citizens’ interests.

But in addition to promoting democratic values and human rights, elections with integrity can also yield other tangible benefits for citizens. Evidence from around the world suggests that elections with integrity matter for empowering women, fighting corruption, delivering services to the poor, improving governance, and ending civil wars. To be clear, while elections with integrity cannot by themselves develop economies, create good governance, or make peace, but recent research does suggest that improved elections can be a catalytic step towards realizing democracy’s transformative potential.
Conclusively, the effort to protect and promote the integrity of elections must be an ongoing commitment. Legal frameworks need to be reviewed to ensure that: there is a genuine opportunity for political contestants to compete fairly; effective remedies can be applied by administrative bodies and the courts; political competitors can turn to legal redress, rather than violence or other extra-legal measures; and citizens have confidence that they can overcome any obstacles to their political enfranchisement.
Civil society organizations can monitor and report on the functioning of state institutions in these respects.So, as we go into the re-run of the presidential vote let us remember that through each one’s vote we are seeking nothing less than to build a society that is radically fairer, more democratic, and more sustainable, in which the wealth of society is shared by all.
And from those entrusted with the responsibility to administer the elections, we seek nothing less than independent, professional and competent bodies and individuals with full independence of action, including the assurance of timely access to the necessary finances to conduct elections and mandates to organize transparent elections that merit public confidence.
*Kafunda is a regular contributor to The Lamp magazine
amazon viagra canadian pharmacy viagra viagra over the counter walmart
average price cialis tadalafil how does cialis work
best place to buy generic viagra online buy viagra online cheapest viagra online
drug prices ed solutions erection pills
online viagra prescription buy viagra mexican viagra
viagra coupons cheap ed pills viagra pills
viagra for men online buy generic drugs how much does viagra cost
viagra price buy viagra online viagra online canada
mens erections generic cialis herbal ed
herbal remedies for ed new treatments for ed herbal ed
ed solutions generic ed pills ed pills that work
ed drugs online cheap ed pills otc ed drugs
how does cialis work generic cialis for sale when will cialis go generic
cost of cialis cialis canadian cialis
ed meds online without doctor prescription ed meds online without doctor prescription treatment for erectile dysfunction
ed meds online without doctor prescription
drug store online canada ed drugs canadian pharmacy online
errectile disfunction
erectile dysfunction treatment buy prescription drugs without doctor how to overcome ed
sildenafil without a doctor’s prescription
erectile dysfunction drugs canadian drug pharmacy best ed pills
ed meds online without doctor prescription
https://amoxicillingeneric500.com/ amoxicillin 500 mg where to buy
https://zithromaxgeneric500.com/ zithromax for sale online
https://zithromaxgeneric500.com/ zithromax azithromycin
https://valtrexgeneric500.com/ generic valtrex cost
https://amoxicillingeneric500.com/ rexall pharmacy amoxicillin 500mg
buy cheap tadalafil buy tadalafil online
payday loans online fast deposit cash advance
buy cheap tadalafil tadalafil for sale
buy sildenafil sildenafil without doctor prescription
buy sildenafil cheapest sildenafil
viagra otc cheap viagra viagra for men online
what type of medicine is prescribed for allergies trusted india online pharmacies pump for ed
pain meds without written prescription best canadian pharmacy online medication
cialis before and after cialis for sale 5mg cialis
drugs causing ed online pharmacy canada cheap medications online
ed medicines Zithromax google viagra dosage recommendations
low cost cialis cialis for sale cheapest cialis
fastest delivery of cialis buying online cialis tadalafil canadian viagra cialis
ed meds online without doctor prescription india pharmacy how to overcome ed
side effects of cialis cialis generic cialis dosage
prescription drugs cheap Prednisone drug store online
buying ed pills online canada pharmacy online how to fix ed
buy viagra online cheap viagra pill viagra non prescription viagra
prices of viagra at walmart buy Cipro online how to cure ed
ed pills otc cheap Amoxil cat antibiotics without pet prescription
drugs that cause ed: ed meds pills drugs the canadian drugstore
ed cures: medicine for ed prescription drugs canada buy online
daily use cialis cost canadian viagra cialis cialis going generic in 2019 in us
cheapest generic viagra online pharmacy viagra buy viagra
cialis discount card liquid cialis source reviews nose congested when taking cialis
zithromax buy online no prescription generic zithromax azithromycin zithromax 600 mg tablets
cialis online pharmacy lowest cialis prices cialis at a discount price
cialis 30 day sample herbal replacement for viagra/cialis/levitra… prices of cialis
generic cialis at walgreens pharmacy cost of cialis 20mg tablets fastest delivery of cialis buying online
viagra generic generic viagra 100mg viagra discount
buy viagra
online viagra generic sildenafil buying viagra online
viagra cost per pill
viagra walmart cheap generic viagra how to get viagra
viagra pill
ed treatment options ed meds best erectile dysfunction pill
best ed supplements cheap antiviral drugs buy Zovirax
buy ed pills online certified canadian online pharmacies safe online pharmacies in canada
prescription drugs without doctor approval cheap erectile dysfunction pills online top erectile dysfunction pills
buy Doxycycline online cheap antibiotics erectial dysfunction
100mg viagra without a doctor prescription top erection pills best erectile dysfunction pill
ed medicines certified canadian online pharmacies canadian pills online
order viagra online otc viagra viagra over the counter usa 2020
buy generic 100mg viagra online viagra without a prescription buy generic viagra online
ed medications over the counter buy lipitor lipitor for sale
injectable ed drugs lipitor for sale lipitor 10 mg tablet
canadian online pharmacy online pharmacy canada canada online pharmacy
viagra over the counter walmart is there a generic for viagra viagra price
xatllssc non prescription viagra how much will generic viagra cost
viagra without a doctor prescription canada https://cheapvgr100.online/ edrpaxgr
ivqqwpno generic viagra online viagra over the counter
Taxi moto line
128 Rue la Boétie
75008 Paris
+33 6 51 612 712
Taxi moto paris
If you are going for best contents like myself, only go to see this site everyday since it presents quality contents, thanks
zyrtec gel caps zyrtec 90 allegra d 12 hour
75 mg benadryl zyrtec 7.00 coupon generic allegra 60 mg
amoxil pharmacy antacids and antibiotic interaction vibramycin 100 mg
where to buy zyrtec cheap benadryl tablets buy cheap periactin online
valtrex without prescription how to get valtrex online famvir over the counter australia
can you buy acyclovir over the counter in usa valtrex online purchase where to buy acyclovir cream over the counter
benadryl best price zyrtec 150 mg cheap zyrtec
ckgbvrtk buy generic viagra online http://viagrastm.com/ walmart viagra
tpofrinn normal dose cialis http://cialisirt.com/ current cost of cialis 5mg cvs
okrqzxrq viagra prices http://viagrastm.online/ otc viagra
ijrijgbf how to get viagra without a doctor http://viagrastm.online/ canadian online pharmacy viagra
evwrhfqv discount viagra http://viagrastm.com/ buy generic 100mg viagra online
ed doctor https://canadianpharmacyvikky.com pharmacy online
buy cheap prescription drugs online https://canadianpharmacyvikky.com ed vacuum pump
pharmacy coupons canada pharmacy reviews online pharmacy
My husband and i felt absolutely ecstatic Edward could complete his reports through the entire precious recommendations he had through the web pages. It is now and again perplexing to just find yourself handing out secrets which people may have been selling. So we keep in mind we have got the writer to give thanks to for that. The most important illustrations you have made, the simple web site navigation, the relationships you will help to foster – it’s got many overwhelming, and it’s really leading our son in addition to the family know that the situation is exciting, which is rather mandatory. Thank you for everything!
online drugstore pharmacy ed meds online without doctor prescription mens ed pills
rx ed treatment sex ed
save on pharmacy http://pharmacy-onlineasxs.com/ best drug store primer
ed treatment review
https://canadarx24.com/
drugs prices
male erection pills
https://canadarx24.com/
ed pills for sale
amazon viagra zahlldyf buy viagra generic viagra no prescription
male dysfunction treatment iiudkiuw buy levitra generic treatment with drugs
cialis price cialis generic aemhuqsu generic cialis tadalafil
viagra vs cialis buy cialis hybrtgvf generic cialis at walmart
best cure for ed osgilhim order levitra canadian online drugs
injections for ed ftxgnynq buy levitra generic drug prices