Statement / Statement on the Elections in Malawi
The Commonwealth Magistrates’ and Judges’ Association (CMJA), The Commonwealth Legal Education Association (CLEA), the Commonwealth Lawyers Association (CLA) and Rechters Voor Rechters (Judges for Judges) recall their Statements of 9 and 15 June 2020 urging all parties in Malawi to respect the authority of the judiciary and ensure that due process is followed in line with the Malawi constitution and its international obligations.
They are pleased to note that following the judgment of the High Court which was upheld by the Supreme Court of Malawi of 8 May 2020, a Presidential election was duly held on 23 June 2020. They also note that the people of Malawi have shown, in the words of the Malawi Human Rights Commission, that it was possible to hold peaceful and transparent elections, even in these difficult times of COVID 19.
Chapter I of the Commonwealth (Latimer House) Principles (2003) states:
“Each Commonwealth country’s Parliaments, Executives and Judiciaries are the guarantors in their respective spheres of the rule of law, the promotion and protection of fundamental human rights and the entrenchment of good governance based on the highest standards of honesty, probity and accountability.”
The Commonwealth Charter states in Chapter VI that:
“We recognise the importance of maintaining the integrity of the roles of the Legislature, Executive and Judiciary. These are the guarantors in their respective spheres of the rule of law, the promotion and protection of fundamental human rights and adherence to good governance”
We commend the Judiciary and Parliament of Malawi for fulfilling their duties to the constitution, to their international obligations and to democratic principles.
Commonwealth Lawyers Association (CLA)
30 June 2020
To view the original statement in full, click here.