Malawi Falls Into A Constitutional Crisis Ahead Of Election Rerun
22 February 2020
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Malawi's President Peter Mutharika inspects a guard of honour during his inauguration ceremony at Kamuzu Stadium in Blantyre, Malawi, Friday May 31, 2019. Mutharika narrowly won re-election with 38% of the votes in last week's polls, the electoral commission declared Monday. (AP Photo/Thoko Chikondi)

Lilongwe – Political tensions and uncertainties continue to escalate in Malawi  following the 3 February High Court verdict that nullified last years Presidential elections.

Malawi Electoral  Commission (MEC) declared  the President  Peter Mutharika who was seeking a second  term as the winner of last year’s polls, a thing that forced Opposition  leaders to go to court.

The High Court,sitting as Constitutional Court in the  Capital  Lilongwe ordered that fresh elections are to be conducted within  150 form the day of the verdict.

The High Court also ordered that in all future elections the winner should  only be declared if he/she a masses  more than 50% of the vote casted.

The 50+1 clause in the verdict has caused another political tensions as the ruling Democratic Progressive Party (DPP) vehemently oppose to it while  the opposition  Malawi Congress  Party (MCP)  and the United Transformation Movement (UTM) supports the implementation of  50+1 as opposed to the current  first pass the post system.

On Thursday malawi parliament  shot down the private mambers bill on electoral reforms which was tabled in the house by Hon. Kezie Msukwa.

The bill among other things wanted parliament to set fixed dates of elections and a re-run in case none of the contestants didn’t attain more than half of the votes casted.

71 Government legislators voted against  the amendments while 109 opposition MPs votes yes. 

But the bill failed to pass because 109 was not enough, it needed at least 128 votes which is two-thirst of the 193 member  parliament.

However Msukwa who was the mover of the motion said Malawians should not think the 50+1 amendment has been shot down,saying it was already  a law as per  High court’s ruling.. parliament only rejected the process to achieving its implementation through among other things setting of a date of fresh  elections.

Most Malawians especially those in the opposition want the laws to be amended while those on the government side still want the current simple majority procedure to continue.