Renowned lawyer Khumbo Soko has warned that political alliances—whether formal or based on informal “gentleman’s agreements”—are legally binding and carry significant legal consequences.
He made the remarks when he delivered a public lecture titled Ndale Zopanga Usiku: The Law and Electoral Alliances in Malawi at the University of Malawi (Unima) on Friday.
Soko said political parties must align with the country’s constitutional values, especially on transparency and accountability.
He said: “Political parties are building blocks that strengthen democratic institutions. They are the catalysts for change, the vehicles for public participation, and the guardians of accountability in the democratic process. Without them, democracy would struggle to function.”
Soko’s comments come in the wake of growing concerns over political alliances, particularly in light of the controversial UTM/MCP alliance, which was forged with little transparency.
The alliance, signed by just two political leaders with no public knowledge of the terms, quickly soured when both parties failed to honour their commitments.
“By not honouring what they agreed to, MCP acted as though there was no agreement. Similarly, UTM’s sudden departure from the alliance suggested there was no formal agreement in place,” Soko explained. “It’s puzzling that two political entities are party to an alliance yet both act as if no such alliance exists.”
According to Soko, the current system, where the president holds near-absolute power after an election victory, makes it difficult to enforce political pacts or alliances. “In Malawi, when a president wins, they are seen as indispensable. No one questions their position, and this undermines the role of political parties in maintaining coalition agreements,” he said.
Soko emphasized the need for Malawi to reassess its approach to political alliances in light of the country’s 50% + 1 electoral law, which guarantees that alliances and coalitions will continue to play a prominent role in future elections. He called for deeper legal analysis of political alliances, noting that there has been insufficient focus on this issue since the 1994 transition to multiparty democracy.
“If one looks at the developments of the law from 1994 to date, it’s striking how little legal analysis has been dedicated to the issue of political alliances.
Soko concluded by calling for a shift in how political alliances are approached legally.
“It is not always the law that holds the key to solving every problem, but it can offer soft guidance. We need to strengthen our legal framework to ensure political alliances align with constitutional principles of accountability and transparency,” he said
