Malawi attained independence in July 1964 and was governed as a one-party personalist dictatorship under Hastings Banda and his Malawi Congress Party from 1964 to 1994.[1] In the early 1990s, pressure formed on the regime to democratize.[1] Following a 1993 referendum won by pro-democracy forces, a multi-party democratic system was established in 1994.[1]The Economist Intelligence Unit rated Malawi a "hybrid regime" in 2022.[2]
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 constitution, the president, who is both chief of state and head of the government, is chosen through universal direct suffrage every 5 years. Malawi has a vice president who is elected with the president. The president has the option of appointing a second vice president, who must be from a different party. It also includes a presidentially appointed cabinet. The members of the cabinet of Malawi can be drawn from either within or outside of the legislature. Bakili Muluzi was president from 21 May 1994 to May 2004, having won reelection in 2000 with 51.4% of the vote to leading challenger Gwandaguluwe Chakuamba's 44.3% for the MCP-AFORD party. In the 2004 election Bingu wa Mutharika defeated Chakuamba by a ten-point margin.[4] Although the political environment was described as "challenging", it was stated in 2009 that a multi-party system still existed in Malawi.[5] Multiparty parliamentary and presidential elections were held for the fourth time in Malawi in May 2009, and President Mutharika was re-elected, despite charges of election fraud from his rival.[6]
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.
The National Assembly has 193 members, elected for a five-year term in single-seat constituencies. The constitution also originally provided for a second house, a Senate of 80 seats, but to date no action has been taken to create the Senate, and the provisions allowing for its creation were deleted in 2001. The Senate is intended to provide representation for traditional leaders and the different geographical districts, as well as various special interest groups, such as women, youth, and the disabled.
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 Orton Chirwa began to criticise such principles of English-based law as the Presumption of innocence, the need to establish guilt beyond reasonable doubt and the requirement for corroborating evidence. In 1969, the acquittal of five defendants in the first Chilobwe murders trial caused outrage although, as another individual was later found guilty of all these murders in a second trial, this anger was misplaced. Parliamentary reaction was hostile, and several speakers, including ministers, openly suggested that European judges and the European-style legal system had allowed clearly guilty defendants to escape the punishment they deserved. Aleke Banda, the Minister of Finance, particularly attacked the use of defence lawyers and the legal safeguards imposed by the English-law Rules of evidence. Banda (who had become President in 1966) said that, if the judge had any conscience, he should resign and specifically linked traditional law to making punishment certain, claiming that lack of evidence was not proof of innocence.[20][21]
From 1970, the system of Traditional Courts was transformed. Three Regional Traditional Courts and a National Traditional Court of Appeal were created above the existing network of lower-level traditional courts, and given jurisdiction over virtually all criminal trials, including murder and treason, involving Africans of Malawian descent, using "customary" rules of evidence and procedure. Any appeals were directed to a National Traditional Court of Appeal rather than the Malawi High Court, as had been the case before 1970. The High Court and Supreme Court of Appeal remained in existence, and mainly dealt with civil law cases outside customary law. Although these courts retained their criminal jurisdiction, in practice the vast majority of criminal cases were heard in Traditional Courts. The Traditional Courts were supposed to operate in accordance with African law and custom, although they applied an authoritarian, restrictive and punitive version of customary law, in line with the views of Banda. The majority of the judges were chiefs without legal training, appointed by and liable to dismissal by Banda, so without any judicial independence. Defendants were not allowed lawyers to plead their cases, had no automatic rights either to call witnesses or of appeal (these were at the discretion of the courts and the minister of Justice). They were not given a summary of the charges against them before the trial, so could not prepare a defence.[22][20]
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 Malawi Congress Party and Focus Gwede, Head of the Police Special Branch, on a charge of attempting to assassinate President Banda, and the 1983 treason trial of Orton Chirwa, who was Minister of Justice until the Cabinet Crisis of 1964 and his wife, Vera Chirwa. In both cases, unsubstantiated evidence was admitted to secure convictions and all four were sentenced to death on flimsy evidence, although only Muwalo was ultimately executed.[23]
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]
Malawi is a multi-party state system (see list of political parties in Malawi). Malawi began as a one-party state in 1964, with the MCP being the only party until 1993. A movement called the Alliance for Democracy (AFORD) under the leadership of Chakufwa Chihana grew, calling for the end of Kamuzu Banda's dictatorship.[29] Due to this internal and external pressure Banda agreed to hold a national referendum in 1993 where the nation voted to become a multi-party state.[29] AFORD became the first registered opposition political party, and other opposition parties formed thereafter. The first multi-party elections occurred in 1994 in which the UDF won votes as the first administration under a multi-party system under Bakili Muluzi.[29] Malawi is now a multi -party nation with 40 registered parties but only a few prominent ones.[30]
Elections
Elections in Malawi have been held every five years since 1994. Past election years in Malawi were in 1994, 1999, 2004, 2009, 2009, 2014 and the last one held in May 2019.
In June 2020, Malawi held a rerun presidential election, following allegations of irregularities in the 2019 presidential election.[31]
Malawi, officially the Republic of Malawi and formerly known as Nyasaland, is a landlocked country in Southeastern Africa. It is bordered by Zambia to the west, Tanzania to the north and northeast, and Mozambique to the east, south and southwest. Malawi spans over 118,484 km2 (45,747 sq mi) and has an estimated population of 19,431,566. Malawi's capital and largest city is Lilongwe. Its second-largest is Blantyre, its third-largest is Mzuzu and its fourth-largest is its former capital, Zomba. It was the first capital city of Malawi before being changed to Lilongwe.
The History of Malawi covers the area of present-day Malawi. The region was once part of the Maravi Empire. In colonial times, the territory was ruled by the British, under whose control it was known first as British Central Africa and later Nyasaland. It becomes part of the Federation of Rhodesia and Nyasaland. The country achieved full independence, as Malawi, in 1964. After independence, Malawi was ruled as a one-party state under Hastings Banda until 1994.
Malawi elects on the national level a head of state and government – the President – and a national assembly. The President and members of the National Assembly, elected simultaneously at a General Election, together form the Malawian Parliament owing to the President's role as both head of government and head of state. In practice however, the National Assembly is on par with the executive and is able to exercise oversight functions through investigations and public hearings on various matters including those involving the executive.
The Democratic Progressive Party (DPP) is a political party in Malawi. The party was formed in February 2005 by Malawian President Bingu wa Mutharika after a dispute with the United Democratic Front (UDF), which was led by his predecessor, Bakili Muluzi.
The Alliance for Democracy is a political party in Malawi that marked its history as laying the foundation for multi-party rule in Malawi. It began as an underground political movement during the Kamuzu Banda era and later evolved to a political party during the multi-party era under the leadership of trade union activist, Chakufwa Chihana. AFORD has a stronghold in the northern region. The president is Godfrey Shawa.
John Zenus Ungapake Tembo was a Malawian politician who served for years as President of the Malawi Congress Party (MCP). Tembo comes from the Dedza District in central Malawi, and he was a teacher by profession. Beginning in the 1960s he was an important politician in Malawi, and he was a key figure in the regime of Hastings Banda (1964–1994). He has been variously described as "physically slight, ascetic, fastidious" and "cunning". He was replaced as President of the MCP in August 2013.
Joyce Hilda Banda is a Malawian politician, who served as President of Malawi, from 7 April 2012 to 31 May 2014. Banda took office as President following the sudden death of President Bingu wa Mutharika. She is the founder and leader of the People's Party, created in 2011. An educator and grassroots women's rights activist, she was the Minister of Foreign Affairs from 2006 to 2009 and the Vice-President of Malawi from May 2009 to April 2012. She has served in various roles as a member of Parliament and as Minister of Gender and Child Welfare before she became the President of the Republic of Malawi.
Arthur Peter Mutharika is a Malawian politician and lawyer who was President of Malawi from May 2014 to June 2020. Mutharika has worked in the field of international justice, specialising in international economic law, international law and comparative constitutional law. He informally served as an adviser to his older brother, President Bingu wa Mutharika, on issues of foreign and domestic policy from the onset of his election campaign until the President's death on 5 April 2012.
In Malawi a system of Traditional Courts has been used for much of the twentieth century to mediate civil disputes and to prosecute crimes, although for much of the colonial period, their criminal jurisdiction was limited. From 1970, Regional Traditional Courts were created and given jurisdiction over virtually all criminal trials involving Africans of Malawian descent, and any appeals were directed to a National Traditional Court of Appeal rather than the Malawi High Court and from there to the Supreme Court of Appeal, as had been the case with the Local Courts before 1970.
Vera Mlangazua Chirwa is a Malawian born lawyer and human and civil rights activist. She was Malawi's first female lawyer and a founding member of the Malawi Congress Party and the Nyasaland African Women's League. She fought for multiparty democratic rule in Malawi and was charged with treason, tried and sentenced to death by President Kamuzu Banda. She spent 12 years on death row. She was married to lawyer Orton Chirwa, Malawian Minister of Justice and Attorney General, who later died in prison.
Sidik Mia was a Malawian businessman, politician, and Member of Parliament who held various ministerial positions within the Cabinet of Malawi beginning in 2004, serving as Minister of Transport and Public Works since June 2020. He was the Deputy President of the Malawi Congress Party (MCP) until his death due to COVID-19 related illness on 12 January 2021 during the COVID-19 pandemic in Malawi. He stood as the vice presidential running mate to Dr. Lazarus Chakwera in the 2019 Malawian general election.
Lazarus McCarthy Chakwera is a Malawian politician and theologian who has served as President of Malawi and minister of defence since June 2020. He also serves as minister of defence per Malawian constitution, he has served as the leader of the Malawi Congress Party since 2013. He was President of the Malawi Assemblies of God from 1989 to 2013.
The Chilobwe murders were a series of murders, numbering at least thirty killings, which took place over several months starting in November 1968 in the suburbs of Blantyre, Malawi, particularly in Chilobwe. A number of rumours grew up around these murders, and many blamed them on the South African Government which, according to various popular accounts, wanted repayment of loans it had given to the Malawi Government, either in human blood or by the enslavement of Malawians to work in South Africa. These rumours were politically damaging to the government of Hastings Banda, which cultivated friendly relations with South Africa's white minority government, and he treated the murders as a serious issue requiring urgent resolution. The murders were never fully solved. Several men were arrested in connection with the murders in 1969, but acquitted for lack of evidence. This caused popular outrage at the criminal justice system which, at that time, was still based on English law and practice. In 1970 another man, Walla Laini Kawisa, made several confessions admitting to some of the murders. He was condemned to death and probably executed in May 1972. It is unlikely that the murders were the work of a single individual, and various theories have been proposed, some linking them to opposition to Banda. Banda himself blamed the murders on ex-ministers involved in the Cabinet Crisis of 1964, and removed Gomile Kumtumanji, a Member of Parliament cabinet minister for the Southern Region from office and had him tried for treason, allegedly for complicity in them.
General elections were held in Malawi on 20 May 2014. They were Malawi's first tripartite elections, the first time the president, National Assembly and local councillors were elected on the same day. The presidential election was won by opposition candidate Peter Mutharika of the Democratic Progressive Party, who defeated incumbent President Joyce Banda.
The Judiciary of Malawi is the branch of the Government of Malawi which interprets and applies the laws of Malawi to ensure equal justice under law and to provide a mechanism for dispute resolution. The legal system of Malawi is based on English law, modified since 1969. The Constitution defines the judiciary as a hierarchical system of courts, with the highest court being a Supreme Court of Appeal, together with a High Court and a number of magistrates' courts. Malawian judiciary has frequently demonstrated its independence in recent years. The constitutional court of Malawi nullified the 2019 election results, citing widespread irregularities. The Supreme court upheld the verdict of the constitutional court. Five Constitutional Court judges who overturned the results of the 2019 election have been nominated by the UK thinktank Chatham House for the 2020 Chatham House Prize. Ultimately the judges went onto win the prize.
Saulos Klaus Chilima is a Malawian economist and politician who is the incumbent vice president of the Republic of Malawi. Chilima assumed office on 28 June 2020, winning the majority alongside presidential candidate Lazarus Chakwera. Chilima also served as the Minister of Economic Planning and Development, as well as Head of Public Sector Reforms, a position he also previously held under the administration of former president Peter Mutharika. Before joining politics, Chilima held key leadership positions in various multi-national companies including Unilever, Coca-Cola and Airtel Malawi, where he rose to become Chief Executive Officer.
General elections were held in Malawi on 21 May 2019 to elect the President, National Assembly and local government councillors. Incumbent President Peter Mutharika of the Democratic Progressive Party was re-elected, with his party remaining the largest in the National Assembly. However, on 3 February 2020, the Constitutional Court annulled the presidential election results due to evidence of irregularities, and ordered fresh elections be held. They were widely dubbed the "Tipp-Ex elections" after a brand of correction fluid which opponents claimed had been used to tamper with votes.
Presidential elections were held in Malawi on 23 June 2020, having originally been scheduled for 19 May and later 2 July. They followed the annulment of the results of the 2019 presidential elections, in which Peter Mutharika of the Democratic Progressive Party had received the most votes.
The United Transformation Movement (UTM) is a political party in Malawi founded by Saulos Chilima, Vice President of Malawi.
Timothy Mtambo of Chitipa is a Malawian politician and serves as Minister of Civic Education and National Unity in Malawi government since 2020. Prior to active politics, Mtambo was a human rights activist. He is mostly known for the role he played by leading demonstrations against the regime of President Peter Mutharika, accusing the regime of nepotism and corruption. Mtambo also holds the position of Commander in Chief of Citizen for Transformation Movement (CFT).
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