Malawi: Elections, Key Issues, and U.S. Relations

Malawi: Elections, Key Issues, and U.S. Relations

July 14, 2020
Malawi: Elections, Key Issues, and U.S. Relations
On June 23, 2020, 59% of voters in Malawi, a small, poor
Malawi faced many, often large election protests. Some
southeast African country, ousted incumbent President
featured violence, perpetrated variously by protesters,
Peter Mutharika in favor of opposition presidential
security forces, and ruling party youth. A Malawi Human
candidate Lazarus Chakwera during a rerun of a
Rights Commission report alleging that police assaulted and
presidential election held in May 2019. The country's High
raped counter-protesters also raised a furor.
Court ordered the rerun after annulling the 2019 vote in
Court Ruling and 2020 Presidential Re-Run Election
early 2020, citing a raft of serious irregularities. Mutharika,
On February 3, 2020, the High Court, citing “widespread,
who won the 2019 election, called the decision a “travesty
systematic and grave” irregularities and procedural flaws by
of justice” and sought its reversal, but the Supreme Court
the MEC, unanimously annulled the 2019 presidential
rejected his appeal and upheld the High Court’s ruling.
election. It also urged that a new MEC be appointed and
Opposition parties in other African countries, analysts, and
validated Mutharika’s post-May 2019 tenure, pending new
U.S. officials have welcomed the electoral and judicial
elections. In a ruling that overturned Supreme Court
oversight processes that produced this outcome. Such
precedent, the court also invalidated the entire plurality-
processes, which have rarely produced analogous results in
based presidential election system. Asserting that the
sub-Saharan Africa, may provide insights and precedents
constitution requires presidents to be directly elected by a
for other countries in the region—as well as inform ongoing
majority of voters (as bills twice rejected by parliament
U.S. efforts to support democratic strengthening and the
would have required), it ordered that parliament enact an
rule of law in Africa. In particular, they may suggest a need
election system requiring the winner to earn 50% of votes
to prioritize support for impartial electoral dispute
plus one or more additional votes.
mediation and independent judicial oversight to ensure free
Prior to the ruling, a DPP-linked businessman’s alleged
and fair electoral processes. The importance of such support
could grow if Malawi’
attempt to bribe the High Court over the poll case fueled
s example—the ouster of an
further mass protests. In the months after the High Court’s
incumbent president—were to prompt other sitting African
decision, which the Supreme Court affirmed in May 2020,
leaders to endeavor to control their own countries’ electoral
there were clashes in court and in parliament over the
processes and judiciaries to preclude a similar outcome.
election date, the makeup of the MEC, and an electoral
2019 Elections
reform bill that Mutharika refused to sign. The 2020 polling
date was not finalized until June 9, leaving little time to
While campaign rhetoric and pledges during the 2019
prepare for the election or to enact new election enabling
election focused on issues important to voters, such as
laws (none were ultimately passed). Mutharika, who won
corruption, job growth, small business and agricultural aid,
40% votes, ran alongside Atupele Muluzi (UDF), the son of
and infrastructure investment, the parties’ policies on these
ex-president Bakili Muluzi (in office 1994-2004).
issues only differed moderately. Mutharika, of the
Chakwera and his running mate, Chilima, were backed by
Democratic Progressive Party (DPP), won the May 2019
the four-party Tonse Alliance. A marginal third candidate
presidential election, with 39% of votes, despite
also ran. Polling day, on June 23, was preceded by isolated
vulnerabilities arising from corruption scandals linked to
political violence and mass opposition campaign events that
officials in his government and party. Chakwera of the
flouted a Coronavirus Disease 2019 (COVID-19) ban on
Malawi Congress Party (MCP), a former ruling party, won
large gatherings.
35% of votes, while 20% went to then-Vice President
Saulos Chilima, who had broken with Mutharika and left
Country Background
the DPP to launch his own party, the United Transformation
Malawi, an ex-British colony, is a landlocked, poor, donor-
Movement (UTM); minor candidates won the balance. In
reliant country with an agriculture-based, undiversified
concurrent parliamentary polls, no party won a majority;
economy. It is import-dependent for many products (e.g.,
the DPP won 62 seats, the MCP 55, independents 55, and
fuel and manufactured goods). Its poor infrastructure
the United Democratic Front (UDF) 10 seats.
contributes to high transaction and production costs and
The pre-poll period featured some political violence, which
hinders economic growth and trade. Poverty is widespread.
the United States condemned. Initial international election
Gross domestic product (GDP) in 2019 per capita stood at
observers noted campaign tensions, pro-DPP use of state
$371, the fourth lowest globally. Cycles of drought and
resources, and bias by state media, but otherwise positively
floods often undermine food security, and in 2019 a cyclone
assessed the election process. The MCP and UTM, in
hit southern Malawi and caused population displacement.
contrast, sued to annul the election, citing systematic pro-
The country also faces health challenges, including a 9.2%
DPP irregularities and, alongside some civil society groups,
HIV/AIDS adult prevalence rate.
called for Malawi Electoral Commission (MEC) chair Jane
Malawi underwent a democratic transition in the early
Ansah to resign. Mutharika was sworn in on May 31, but
1990s after nearly three decades of one-party rule under
the matter remained in litigation for months, during which
founding President Hastings Banda and his MCP. It has
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Malawi: Elections, Key Issues, and U.S. Relations
since held regular elections and made some progress in
Transparency International’s annual Corruption
institution-building, but a mixed governance record has
Perceptions Index slipped substantially under Mutharika,
hindered development. Donors cut aid in response to an
and in 2017, an inquiry into “Maizegate,” a maize import
autocratic bent under the late President Bingu wa Mutharika
price inflation scheme, revealed large diversions of funds
(Peter Mutharika’s brother), who served from 2004 to 2012
by top officials. This and other scandals helped fuel
and died in office. Donor ties improved under his successor,
periodic large protests against corruption and poor
Joyce Banda (in office 2012-2014). She pursued politically
governance starting in 2018.
difficult political and economic reforms, but left office
Chakwera Administration: Initial Actions
under the cloud of a corruption scandal known as
“
During the 2020 election campaign, Chakwera, formerly a
Cashgate,” which prompted renewed donor aid cuts.
Pentecostal pastor and lecturer in religion, pledged to
Figure 1. Malawi at a Glance
govern transparently and inclusively. He has acted to do so
by suspending new state contract awards and reportedly
may seek to rescind or renegotiate the terms of some prior
investment deals, notably in the mining sector, as well as
any that were illegally awarded. He also has dissolved the
boards of most state-owned firms, institutes, and other
entities, and is to review their operations for signs of
possible malfeasance. He has partially appointed a cabinet,
which he has pledged will be at least 40% female, but has
come under fire for selecting six members from a single
family of allies. In addition to Malawi’s diverse and

Sources: CIA, World Bank, and IMF reference databases.
longstanding development challenges, the new government
faces health and economic challenges resulting from the
Mutharika Administration
COVID-19 global pandemic. As of July 9, Malawi had
Peter Mutharika, who had served as foreign minister under
nearly 2,000 cases and an accelerating infection rate.
his brother after a career as a U.S-based academic—and had
attempted to foil his predecessor Banda’s accession to
U.S. Relations
office—came to power after a controversial 2014 election.
U.S. relations with Malawi center mainly on U.S. aid
(It was marred by MEC technical errors, some political
focused on addressing a range of development challenges
violence, lawsuits citing MEC malfeasance, and an
and periodic humanitarian needs. U.S.-Malawi relations
unsuccessful attempt by Banda to annul the election.) As in
were strained during Bingu wa Mutharika’s presidency due
2019, the 2014 elections resulted in a hung parliament.
to his government’s violent suppression of protest,
restrictions on other civil rights, and human rights abuses,
Donor ties improved under the Mutharika administration,
which prompted the MCC to suspend a planned Compact.
which endeavored to expand and diversify agricultural
Relations improved under Banda—and the Compact was
production and agro-processing, notably in the tobacco
restored—and ties remained cordial under Mutharika (see
sector (Malawi’s main export). It also sought to increase
CRS Report R44859, Malawi: Key Developments and U.S.
sugar exports, reform the tea sector, promote other crop
Relations). U.S. officials and some Members of Congress
commodities, and develop the mining sector. Infrastructure
have lauded the process resulting in Chakwera’s election.
investment was another priority, and included rural-urban
USAID supported the electoral process, including through
road links and efforts to increase the electricity system’s
training for journalists, domestic election observers, and
capacity and reform the power sector. A $351 million U.S.
civic educators, and political party capacity-building, and
Millennium Challenge Corporation (MCC) Compact (2013-
technical assistance to the MEC. The National Endowment
2018) supported some of these efforts, as did Power Africa,
for Democracy and the State Department also supported
an Africa-wide U.S. Agency for International Development
election-related programs.
(USAID) effort to increase access to electricity.
Efforts to foster investment, market liberalization, and
Malawi has received over $3.6 billion U.S. development aid
private sector activity enjoyed some success. Malawi
since 2000, including more than $1.7 billion for health. It is
improved significantly on the World Bank’s annual Doing
slated to receive an estimated $300 million in FY2020 U.S.
Business index between 2015 and 2020, with notable gains
development aid programmed prior to the COVID-19
in expanding access to credit. Stronger donor confidence,
pandemic, and an additional $4.5 million in special U.S.
meanwhile, was reflected in the International Monetary
COVID-19 assistance. Much of the non-COVID-19 aid
Fund’s 2018 approval of a $112 million, three-year
flows through U.S. global HIV/AIDS, malaria, and food
Extended Credit Facility (ECF) arrangement that supports
security initiatives. Malawi’s military receives U.S.
structural reforms. This followed Malawi’s completion of a
International Military Education and Training aid and
prior ECF program that the IMF had suspended in 2015 for
periodic U.S. peacekeeping training and support. Malawi
poor performance but reinstated in 2016 after
also participates in the U.S. Young African Leaders
improvements. In May 2020, the IMF also approved a $91
Initiative and is eligible for selected U.S. duty free-benefits.
million Rapid Credit Facility loan to help the government
A Peace Corps program prioritizing education, health, and
address COVID-19-linked balance of payment challenges.
the environment, is currently suspended due to COVID-19.
Despite some economic policy progress, corruption has
remained a persistent challenge. Malawi’s ranking on
Nicolas Cook, Specialist in African Affairs
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Malawi: Elections, Key Issues, and U.S. Relations

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