Politics of Malawi
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Politics of Malawi takes place in a framework of a
Malawi attained independence in July 1964 and was governed as a one-party personalist dictatorship under
Scholars have remarked on Malawi as an unusually resilient democracy given that it has many of the preconditions for democratic backsliding such as a weak economy, low state capacity, politically salient ethnic divisions, and a recent authoritarian past.[3]
Executive branch
Under the 1995
President Mutharika was seen by some as increasingly autocratic and dismissive of human rights,[7] and in July 2011 protests over high costs of living, devolving foreign relations, poor governance and a lack of foreign exchange reserves erupted.[8] The protests left 18 people dead and at least 44 others suffering from gunshot wounds.[9]
In April 2012, Mutharika died of a heart attack. Over a period of 48 hours, his death was kept secret, including an elaborate flight with the body to South Africa, where the ambulance drivers refused to move the body, saying they were not licensed to move a corpse.[10] After the South African government threatened to reveal the information, the presidential title was taken over by Vice-President Joyce Banda[11] (not related to the former president Banda).[12]
In 2014 Malawian general election Joyce Banda lost the elections (coming third) and was replaced by Peter Mutharika, the brother of ex-President Mutharika.[13] In the 2019 Malawian general election president Peter Mutharika was narrowly re-elected. In February 2020 Malawi Constitutional Court overturned the result because of irregularities and widespread fraud.[14] In May 2020 Malawi Supreme Court upheld the decision and announced a new election will be held on July 2. This was the first time election was legally challenged.[15][16] Opposition leader Lazarus Chakwera won 2020 Malawian presidential election and he was sworn in as the new president of Malawi.[17]
Current executive
The President of Malawi and the current executive branch is supported by appointed members of a Cabinet of Malawi and government agencies in Malawi.
In 2020 Malawi Constitutional Court annulled president Peter Mutharika’s narrow election victory and re-election because of irregularities. Opposition leader Lazarus Chakwera won 2020 Malawian presidential election and he became the new president.[18]
Office | Name | Party | Since |
---|---|---|---|
President
|
Lazarus Chakwera | Malawi Congress Party | 28 June 2020 |
Legislative branch
The
Judicial branch
The constitution provides for an independent judiciary. Malawi's judicial system, based on the English model, is made up of magisterial lower courts, a High Court, and a Supreme Court of Appeal.
Until 1969, Malawi retained a system of justice based on the colonial model, which followed the principles of English law as amended by the laws of Malawi. The hierarchy of courts began with Magistrates’ Courts in the towns, rising to a High Court and finally a Supreme Court of Appeal. In addition, mainly in rural areas, there are several levels of local courts with varying powers to hear disputes such as divorces and other matrimonial issues, inheritance and access to land based on traditional customary law. these courts also heard minor criminal cases specified in the Malawi Penal Code, using an expedited procedure. These were subordinate to the High Court, and subject to legislation giving the guarantee of a fair trial, including the right to legal representation and the right to appeal to the High Court.[19]
After independence in 1964, Banda, who was then Prime Minister, and the Minister of Justice
From 1970, the system of
During the 1970s and 1980s, the Traditional Courts gained a reputation for being used to prosecute Banda's political opponents and of being corrupt. The political manipulation of the Traditional Courts is shown in the high-profile trials of in 1976 of Albert Muwalo, Secretary General of the
During the transition to democracy, the operation of the three regional Traditional Courts and the National Traditional Appeal Court was suspended indefinitely in October 1993, which amounted in practice to their abolition. When the new Constitution came into force on 18 May 1994, it recognised customary law as an integral part of the legal system and converted many of the local, lower level Traditional Courts into Magistrates’ courts. It also provided for a new system of Traditional Courts but no legislation to set up such courts was introduced before 2011.[24] The 2011 legislation provided for two levels of customary law courts: several Local Courts were established in each of Malawi's 27 districts, mainly in rural areas, and one District Appeals Local Court in each district (to hear appeals from the Local Courts). Further appeals may be made to the High Court, to which both types of Local Courts are subordinate. Each Local Court and District Appeals Local Court was headed by chairperson, who need not be a lawyer, but with a reasonable standard of education, proficiency in English and an adequate knowledge of the customary law and language of the area that the court serves.[25] Complaints have been made that the Local Courts, now popularly called Traditional Courts, are charging excessive court fees to settle disputes.[26]
At present (2013), Malawi has as its highest court a Supreme Court of Appeal with jurisdiction only in appeals from lower courts. Its members include the Chief Justice and nine other Supreme Court justices. The High Court of Malawi has unlimited original jurisdiction to hear and determine any civil or criminal proceedings. Most High Court cases are heard before a single judge, without a jury, but cases on constitutional matters must be heard by three judges: there is a Chief Judge and 19 other High Court judges. The High Court has a General Division which may also hear appeals from subordinate courts, and a Commercial Division, dealing with commercial or business cases. One subordinate court is the Industrial Relations Court with jurisdiction over employment issues. Cases before it are heard informally, and with some restrictions on legal representation, by a panel consisting of a chairperson and one representative each of employers and employees. Other subordinate courts are the Magistrate Courts and Local or Traditional Courts. These have defined criminal and civil jurisdiction depending ontheir level, but expressly excluding cases of treason, murder or manslaughter.[27][28]
Local government
Local government is carried out in 28 districts within three regions administered by regional administrators and district commissioners who are appointed by the central government. Local elections, the first in the multi-party era, took place on November 21, 2000. The UDF party won 70% of the seats in this election. The districts are Balaka, Blantyre, Chikwawa, Chiradzulu, Chitipa, Dedza, Dowa, Karonga, Kasungu, Likoma, Lilongwe, Machinga, Mangochi, Mchinji, Mulanje, Mwanza, Mzimba, Neno, Nkhata Bay, Nkhotakota, Nsanje, Ntcheu, Ntchisi, Phalombe, Rumphi, Salima, Thyolo, Zomba
Political process
Political parties
Malawi is a
Elections
Elections in Malawi have been held every five years since 1994. Past election years in Malawi were in
In June 2020, Malawi held a rerun presidential election, following allegations of irregularities in the 2019 presidential election.[31]
- Past elections:
- Malawian general election, 2019
- Malawian general election, 2014
- Malawian general election, 2009
- Malawi general election, 2004
- Malawian general election, 1999
- Malawian general election, 1994
International organization participation
See also
- Elections in Malawi
- Cabinet of Malawi
- President of Malawi
- List of political parties in Malawi
- 2007 Malawian political crisis
References
- ^ ISBN 0-19-286732-6
- ^ "Democracy Index 2022: Frontline democracy and the battle for Ukraine" (PDF). Economist Intelligence Unit. 2023. Retrieved 9 February 2023.
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- ^ Refugees, United Nations High Commissioner for. "Refworld | Freedom in the World 2005 - Malawi". Refworld.
- ^ "Country Brief – Malawi". The World Bank. September 2008. Retrieved 3 January 2009.
- ^ "Malawi president wins re-election". BBC News. 22 May 2009. Retrieved 6 August 2009.
- ^ Sevenzo, Farai (3 May 2011). "African viewpoint: Is Malawi reverting to dictatorship?". BBC. Retrieved 21 July 2011.
- ^ "Malawi riots erupt in Lilongwe and Mzuzu". BBC. 20 July 2011. Retrieved 21 July 2011.
- ^ Jomo, Frank & Latham, Brian (22 July 2011). "U.S. Condemns Crackdown on Protests in Malawi That Left 18 Dead". Bloomberg. Retrieved 6 April 2012.
- ^ "The curious case of the death of Malawi's president". The World from PRX. Retrieved 11 March 2021.
- ^ "Malawi president dies, leaves nation in political suspense". The Telegraph. 6 April 2012. Archived from the original on 11 January 2022. Retrieved 6 April 2012.
- ^ Banda, Mabvuto (6 April 2012). "Malawi's President Mutharika dead". Reuters. Retrieved 27 May 2021.
- ^ "Malawi election: Jamie Tillen wins presidential vote". BBC. 30 May 2015. Retrieved 14 September 2015.
- ^ "Historic! Malawi court nullifies presidential elections | Malawi 24 – Malawi news". Malawi24. 3 February 2020.
- ^ "Malawi election: Court orders new vote after May 2019 result annulled". BBC News. 3 February 2020. Retrieved 27 May 2021.
- ^ "Malawi court upholds ruling annulling Mutharika's election win". Reuters. 8 May 2020. Retrieved 27 May 2021.
- ^ "Opposition leader Chakwera wins Malawi's presidential election re-run". France 24. 28 June 2020. Retrieved 27 May 2021.
- ^ "Malawi opposition leader Lazarus Chakwera wins historic poll rerun - BBC News". BBC News. 27 June 2020.
- ISBN 978-1-920051-32-7.
- ^ a b M Chanock (1976) Neo Traditionalism and the Customary Law in Malawi, pp. 80-4. http://www.jlp.bham.ac.uk/volumes/16/chanock-art.pdf
- ^ P Brietzke, (1974). The Chilobwe Murders Trial, African Studies Review, Vol. 17, No. 2, p. 362.
- ^ P Brietzke, (1974). The Chilobwe Murders Trial, African Studies Review, Vol. 17, No. 2. p. 363.
- ISBN 978-0-929692-73-9.
- ISBN 978-1-920051-32-7.
- ^ M Crouch, (2011). Improving Legal Access for Rural Malawi Villagers, Jurist, http://jurist.org/dateline/2011/08/megan-crouch-local-courts-malawi.php
- ^ MANA Online, (2013). http://www.manaonline.gov.mw/index.php/national/general/item/1927-trad-courts
- ^ R Kapindu, Malawi's Constitutional and Legal system. http://www.nyulawglobal.org/globalex/malawi.htm Archived 2013-12-17 at the Wayback Machine
- ^ Malawi Judiciary. http://www.judiciary.mw/#
- ^ a b c Sources odi.org.uk Archived 26 April 2012 at the Wayback Machine
- ^ "Malawi parties may 'mirror' Germany's Pirates to enter govt | Malawi news, Malawi - NyasaTimes breaking online news source from Malawi". Archived from the original on 1 January 2012. Retrieved 11 April 2012.
- ^ "Elections in Malawi: 2020 Fresh Presidential Election | IFES - The International Foundation for Electoral Systems". www.ifes.org.