Malawi President Lazarus Chakwera. (@LazarusChakwera/X)
Malawi’s high court in Lilongwe late on Tuesday dismissed a bid by incumbent President Lazarus Chakwera and his Malawi Congress Party (MCP) to block the announcement of final results from last Tuesday’s general election over alleged irregularities.
In his ruling, high court judge Howard Pemba said while Chakwera and the MCP can proceed with a judicial review of alleged electoral irregularities, their request for an injunction preventing the Malawi Electoral Commission (MEC) from declaring results was “premature”.
The judgment came as unofficial results projected opposition leader and former president Peter Mutharika, 85, on track for victory with a commanding 56% of the vote, while 70-year-old Chakwera trailed with just 24%.
The court’s decision means the MEC can proceed with publishing the final results as scheduled at 2pm on Wednesday, judiciary spokesperson Ruth Mputeni confirmed in a statement.
To apply for a judicial review, there must be an administrative action that has taken place, which simply means that an official must have taken a decision, Cape Town law professor Danwood Chirwa said.
“In this case, the decision hasn’t been made. MEC is still exercising its due diligence powers to verify and declare the results of the election. Chakwera was asking the court to stop the only authority that has the power to call an election,” Chirwa said.
As tension mounts, prominent voices are urging Chakwera to choose statesmanship over a protracted legal battle. Leading the calls is former president Bakili Muluzi, who defeated Malawi’s “president for life” Hastings Kamuzu Banda in the country’s first multi-party election in 1994.
Now an elder statesman, Muluzi has personally appealed to Chakwera to concede.
“There is life after State House,” Muluzi told Zodiak Radio. “I know President Chakwera is a peace-loving person. I have asked him to make a phone call to Mutharika to convey his best wishes.”
Muluzi said such a gesture would demonstrate “leadership maturity” and safeguard national harmony.
The Malawi Council of Churches echoed this, with its chairperson Reverend Billy Gamah noting that the provisional results leave little room for an upset.
“Conceding early, even before the official announcement, will show maturity, promote peace, and help the nation move forward without violence or unnecessary tension,” Gamah said.
Observers said a smooth transition would draw praise from the Southern African Development Community and the African Union, bolstering Malawi’s image as a stable democracy. Development partners, including international donors, would also see a concession as a reassuring sign of political maturity.
But analysts warn that, if Chakwera delays or contests the results, tension could spill onto the streets of major cities such as Lilongwe and Blantyre. In the worst-case scenario, regional mediation might become necessary to prevent unrest and protect Malawi’s fragile economy.