In its 142-page decision the seven judges in Malawi's Supreme Court of Appeal, among them the Chief Justice, Andrew Nyirenda, are unanimous in upholding the finding of the Constitutional Court: the May 2019 elections failed in their aim of 'duly electing' a new President.
That's because the country's electoral commission, commenting on the Appeal Court decision, has suggested that it might not be possible to have the new President sworn in by the court's deadline if the original re-run schedule prevails.
In fact, it would be hard to read the Appeal Court's decision as anything other than a sharp rebuke to the commission about the way it handled matters, particularly as the votes were being collected and tallied, and then again when the validity of the polls was tested in court.
The position of Malawi's courts had been that if the results were not affected by irregularities, the elections should stand.
Stating its revised position on the matter, the judges said that it would be hard for a court in Malawi to uphold an election where its conduct was 'largely compromised', especially since voting numbers in such a case could be the result of flouting electoral law.
