Constitution. The challenge did not relate to the conduct and management of the said election. The Court reckons that periodic and genuine elections are a key and indispensable element in ensuring the sustained trust of the governed in those who exercise the power of the State. The Court recognises that the right of everyone to take part in the government of his or her country is an essential element in the effective enjoyment by all of their human rights. Holding genuine and regular elections ensures that those exercising the power of the State remain electorally accountable and, in turn, maintaining an accountable government is a necessary precondition to the nurturing of an effective scheme for the respect, protection, promotion and fulfilment of human rights. 7. The Constitution of the Republic of Malawi is very clear, under Section 12, that the authority of the State derives from the will of the people of Malawi, 3 that all persons responsible for the exercise of the powers of State do so on trust, 4 and that the authority to exercise State power is conditional upon the sustained trust of the people of Malawi. 5 The Constitution goes further to elucidate that such trust can only be maintained through open, accountable and transparent Government and informed democratic choice. 6 It is clear from the scheme of the Constitution that the expression of such democratic choice is what Section 6 of the Constitution envisages by providing that in Malawi, the authority to govern derives from the people of this country as expressed in elections held in accordance with the Constitution, and on the basis of universal and equal suffrage. Section 6 of the Constitution goes further to state that those elections must be conducted in a manner prescribed by an Act of Parliament. 8. Thus, genuine, credible, transparent, free and fair elections form the solid foundation for our pluralist democratic system. 7 Those vested with the duty to conduct such elections, therefore, have a sacred duty and responsibility to all the people of Malawi and, in various ways, the 3 4 5 6 7 Section 12(1)(a) of the Constitution. Section 12(1)(b) of the Constitution. Section 12(1)(c) of the Constitution. Ibid. The pluralist character of Malawian democracy is evident from, among others, the provisions of Section 40(1)(a) of the Constitution; Section 40(2) of the Constitution; Section 65(2) of the Constitution; the proviso to Section 80(5) of the Constitution, and Section 32(3) of the PPEA. Section 32(3) of the PPEA provides that: “A candidate may stand for election as a member of the National Assembly or for election to the office of President either on the sponsorship of a political party or as an independent candidate, and the rights and duties conferred by this Act on political parties shall apply, mutatis mutandis, to an independent candidate as it applies to political parties.” 5