serve and protect their interests.", (see: section 12 (1) (a) of the Constitution). It is
emphasized in section 6 of the Constitution that-
“Save as provided in this Constitution, the azithority to govern derives from
the people of Malawi as expressed through universal and equal suffrage in
elections held in accordance with this Constitution in a manner prescribed bv
an Act of Parliament".
Elections define the roadmap and lifeline of a society, in that the elected few become
responsible for the welfare and the wellbeing of the rest of the society. We should
therefore avoid, at any cost and on any account, ushering leadership into office through
an electoral process that is flawed because the chances are that such a process will not
reflect the will of the people. And yet, when people have spoken through the ballot,
properly exercised, such exercise of their will and choice must be respected and remain
consecrated even before courts of law, after all, the courts themselves are bound by the
constitutional order under section 4 of the Constitution.
In order to vindicate our resolve to uphold the supremacy and sanctity of our Constitution
and what it stands for, and in order to accord the people of this country realistic
participation in the governance of their nation, the Constitution has specifically accorded
our people the right to participate in the political agenda under section 40 of the
Constitution, which states-
“(1)
Subject to this Constitution, every person shall have the right -
(a)
to form, to join, to participate in the activities of and to recruit
members for, a political party';
(b)
to campaign for a political party' or cause;
6