A Breath of Fresh Air as the Supreme Court of Malawi Breaks Rank with Its Own Precedent and Peers in Southern Africa: Part 1

Justice Mavedzenge, former DGRU researcher writes about the recent Malawi Supreme Court decision regarding the 2019 Elections for OpinioJuris.

Judicial review is one of the mechanisms through which the public can hold government accountable on its legal obligations. In a democracy, governments have a responsibility to ensure that regular, free and fair elections to choose the people’s representatives are conducted. This obligation must be discharged through an independent election management body. In order to be considered as fair, an election must be held in accordance with the established rules that are prescribed in the electoral laws.