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parties, at the constituency level, taking part in the elections in confirmation of the results. 21. THAT a scanned copy of the original Constituency Result Sheet is then electronically sent to the National Tally Centre and the District Tally Centre simultaneously and the original Constituency Result Sheet is physically taken to the District Tally Centre by the Presiding officer. 22. THAT the District Constituency Tally Centre receives constituency results sheets for all the constituencies within the district and then, the results are quantitatively aggregated to produce an original District Results Sheet 10 which is transmitted to the National Tally Centre both electronically and physically. Throughout the process is witnessed by the monitors from all participating political parties and the said monitors are supposed to be given a carbonated copy of the said original District Constituency Tally Centre. 23. THAT at the National Tally Centre all the results from all District Result Sheets and Constituency Result Sheets for the whole country1 are quantitatively aggregatedfrom which final results are derived and thereafter announced by the 2nd Respondent in accordance with the time periods prescribed by elections law. 24. 20 THA T all genuine Result Tally Sheets must bear the bar code unique to each sheet. Defects in the Electoral Process. 25. THAT the 2nd Respondent did not conduct the electoral processes in accordance with the Constitution and the electoral laws in the following respects: 17

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Mutharika v. Chilima

Judgment

Question Presented: Whether the standard that candidate must receive a majority of the votes means the highest percentage of votes or over 50%?

Alleged Acts: During the May 2019 election Presidential candidate Mutharika obtained 38.57% of the vote, Chilima obtained 20.24%, and Chakwera obtained 35.41% of the vote. No single individual one over 50% of the vote. The petitioners allege that the election winner must have ascertained over 50% of the vote.

Procedural history: The lower court determined that the precedent from the Chakuamba case failed to rely on facts or precedent. Accordingly, the lower court modified this standard and determined that the majority meant 50% or more of the vote in compliance with the rest of the Malawi constitution. The court further looked to the Black's Law Dictionary definition for majority and determined that the first-past-the-post system was inconsistent with the term majority as set forth. The President of Malawi was not duly elected and the new election must be held in accordance with the PPEA. The May 2019 election is declared nullified. In order to ascertain the presidency, the candidate must have more than 50% of the vote, rather than the previous plurality requirement. The appeal encompasses all aspects of the prior case.

Summary: The Supreme Court validated the Constitutional Court's invalidation of the May 2019 election. The court rejected the appeals stating that shift to a majority (plus one) was constitutional. The court criticized the grounds for appeal as fictitious.

Conclusion: Parliament has the power to set a time for new elections, not the Electoral Commission. The court may not extend the prior government.

Legal Issue(s)

Voting Systems (Winner-take-all, proportional, etc.)

Applicable Law(s): Malawi Const. 41, 43, 67, 80.

Region: Africa

Country: Malawi

Language of Decision

English

Court: Supreme Court

Election Type: General

Date of decision: May 8, 2020

Geolocation

Latitude: -13.99301908

Longitude: 33.75071344

: Geolocation

Primary Documents

Prof Arthur Peter Mutharika and Electoral Commission Vs Dr Saulos K Chilima and Dr Lazarus M Chakwera MSCA Constitutional Appeal No 01 of 2020.pdf
English
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Election Judgments - IFES

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Mutharika v. Chilima

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