The High Court of Malawi and the Supreme Court of Appeal have resolved 78 percent of all electoral disputes filed this cycle, a performance lauded by electoral stakeholders.
As of Wednesday, the Judiciary’s records showed 45 cases registered, with 35 concluded and 10 pending, representing a 78 percent disposal rate.
These are cases registered prior to Tuesday’s general election.
According to records, Lilongwe Registry had the highest number of electoral cases at 19 and 16 have since been disposed of, with three pending completion, representing an 84 percent completion rate.
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The Principal Registry in Blantyre followed with 13 cases registered from which nine have been disposed of while four are pending. This represents a 69 percent completion rate.
A further 10 cases were registered at Zomba Registry with eight disposed of and two pending, representing a 78 percent completion rate.
Mzuzu Registry had the lowest number of electoral cases registered at three. Two of them have since been disposed of, with one pending. The figures represent a 67 percent completion rate.
Judiciary chief corporate affairs and public relations officer Ruth Mputeni was yet to respond to our request for comment. But she acknowledged receipt of our request sent to her through WhatsApp.
But in separate reactions yesterday, numerous electoral stakeholders hailed the Judiciary for resolving electoral cases with speed, stressing that will enhance trust among Malawians on electoral matters.
Centre for Multiparty Democracy executive director Boniface Chibwana in an interview yesterday commended the Judiciary for being proactive in disposing of the cases.
“This is not surprising considering that after the 2020 Fresh Presidential Election, there have been collaborative efforts to bring in the Judiciary as a key electoral stakeholder to expeditiously deal with electoral disputes,” he said.
“This is what is needed that after every election we work on the electoral reforms recommendations so that we better our future electoral procedures. The Judiciary has to work on the many electoral related grievances.”
Chibwana said Malawians must also learn to be patient in such scenarios where the Judiciary is working on any electoral cases brought before it.
In a separate written response, Centre for Social Accountability and Transparency executive director Willy Kambwandira yesterday said the 78 percent clearance rate reflects Judiciary’s improved efficiency, which he stressed is critical in safeguarding electoral justice and public confidence.
He said: “As we move forward, especially with the likelihood of more petitions arising after Tuesday’s poll, it will be important for the Judiciary to maintain this momentum and ensure that all cases are handled with reasonable time-frames, transparently and fairly.”
Kambwandira said timely and impartial resolution of disputes not only upholds the credibility of the election, but also helps in consolidating peace and stability in the country.
“What is now expected is sustained resourcing of the courts, continuous capacity building for judicial officers and close collaboration with other stakeholders to ensure that citizens continue to access justice without undue delay.”
Information published on Malawi Judiciary’s official website states that on January 12 2024, Chief Justice Rizine Mzikamanda established a Judiciary Committee on Elections (JCE) with an overall purpose of effective and efficient disposal of electoral disputes.
Among others, terms of reference (ToRs) of the JCE include advising the Judiciary on administrative arrangements and measures for the efficient disposal of election-related disputes and developing and implementing—in collaboration with the Judiciary Training Committee—a training programme for the efficient and effective management of the election dispute for judicial officers and members of staff.
“To advise and support initiatives by the Chief Justice, Judiciary and other stakeholders in proposing the review of electoral dispute resolution legislation, court rules and procedures, international arrangements, administrative mechanisms and measures for efficient disposal of election-related disputes,” reads part of the TORs.
“To develop and design a system for monitoring and evaluating the management of election-related disputes in court and to establish an efficient electoral dispute resolution case management system. This includes integrating and deploying technology to automate the court’s handling of election disputes.”
Governance commentator Undule Mwakasungula yesterday also commended the Judiciary for ensuring that electoral cases should be disposed of at the soonest time possible, stressing it has enhanced its credibility.
Mwakasungula said moving forward, this will be the expectation, especially in the aftermath of Tuesday’s poll which will possibly have some disgruntled candidates taking their grievances to court.
