Court case

How Malawi's presidential election annulment unfolded

Malawi's Constitutional Court annulled Peter Mutharika's May 2019 re-election in February 2020, citing irregularities including result sheets altered with correction fluid, and the Supreme Court of Appeal upheld the ruling in May 2020. Lazarus Chakwera won the fresh election in June 2020. Mutharika defeated Chakwera in September 2025 and returned to office.

21 May 2019 to 4 October 2025 · 18 dated events · 18 sources
Where it stands now · as of 1 November 2026

The court case is closed. The annulment was upheld on appeal in May 2020, Chakwera served one term after winning the rerun, and Mutharika was sworn in again on 4 October 2025 after the Electoral Commission declared him the winner of the September 2025 election.

In 30 seconds: the turning points
  1. 27 May 2019 Electoral Commission declares Mutharika the winner
  2. 31 May 2019 Chakwera and Chilima petition to nullify the result
  3. 8 Aug 2019 Constitutional Court begins hearing the petition
  4. 3 Feb 2020 Constitutional Court annuls the presidential result
  5. 8 May 2020 Supreme Court of Appeal upholds the annulment
  6. 27 Jun 2020 Chakwera declared winner
Stage
1. Election
2. Petition
3. Constitutional Court ruling
4. Supreme Court appeal
5. Fresh election
6. Final

Timeline of events

2019
21 May 2019
Start

Malawi votes in tripartite elections

Malawians voted for president on 21 May 2019, with President Peter Mutharika, Lazarus Chakwera and Vice President Saulos Chilima among the candidates, Reuters reported.

27 May 2019
Turning point
Statement

Electoral Commission declares Mutharika the winner

The Malawi Electoral Commission declared Mutharika the winner with 38.57 percent, ahead of Chakwera with 35.41 percent and Chilima with 20.24 percent, Reuters reported. A court injunction obtained by the opposition after the commission received 147 reported cases of irregularities, including result sheets altered with correction fluid, had been lifted that day.

“I hereby declare Arthur Mutharika as the winner of the presidential election held on 21 May”Jane Ansah, Electoral Commission chair, The Star, Malaysia (Reuters)
31 May 2019
Turning point
Filing

Chakwera and Chilima petition to nullify the result

Chakwera said he had petitioned the High Court to nullify the presidential result, which he called daylight robbery, AP reported. Chilima also petitioned for the results to be nullified, AP said. The court had earlier rejected Chakwera's request for an injunction.

6 Aug 2019
Incident

Protest in Lilongwe turns violent

A demonstration in Lilongwe calling for electoral accountability turned violent, with shops looted and vehicles burned, and police used tear gas, Al Jazeera reported.

🇲🇼 LilongweAl Jazeera
8 Aug 2019
Turning point
Filing

Constitutional Court begins hearing the petition

A five-judge panel began hearing the challenge brought by Chilima and Chakwera against Mutharika and the Electoral Commission, alleging fraud and altered result sheets, Al Jazeera reported. Mutharika dismissed the doubts and cited observers who called the vote free and fair.

2020
3 Feb 2020
Turning point
Ruling

Constitutional Court annuls the presidential result

The High Court of Malawi, sitting as a Constitutional Court of Justices Tembo, Kamanga, Potani, Kapindu and Madise, unanimously annulled the presidential result in a 500-page judgment and ordered a fresh election within 150 days, Al Jazeera, VOA and Reuters reported. It cited correction fluid, duplicate result sheets and unsigned forms, and said the Constitution requires the winner to obtain a majority of votes cast, VOA reported. Reuters said the ruling reinstated Chilima as vice president.

“the widespread use of Tippex greatly undermined the integrity of the elections”Constitutional Court, as quoted by Al Jazeera, Al Jazeera
Feb 2020
Statement

Mutharika says he will appeal

Mutharika's spokesman said the president would appeal to the Supreme Court of Appeal, Bloomberg reported. Chilima demanded the resignation of Electoral Commission chair Jane Ansah and her management team.

“a serious miscarriage of justice”Mgeme Kalilani, spokesman for Mutharika, Bloomberg (BloombergQuint)
15 Apr 2020
Filing

Supreme Court of Appeal hears the appeals

The Supreme Court of Appeal was due to begin two weeks of hearings on appeals by Mutharika and the Electoral Commission on 15 April 2020, AFP reported. Mutharika argued the judges erred in law. The commission argued the court overstepped by ordering Parliament to amend electoral laws. AFP said Mutharika had not assented to amendments that included a requirement of more than 50 percent to win.

🇲🇼 LilongweBusiness Standard (AFP)
7 May 2020
Filing

Mutharika files nomination for the rerun

Mutharika filed nomination papers for the fresh election with running mate Atupele Muluzi, Al Jazeera reported.

8 May 2020
Turning point
Ruling

Supreme Court of Appeal upholds the annulment

A seven-member panel of the Supreme Court of Appeal unanimously dismissed the appeals and upheld the annulment, Chief Justice Andrew Nyirenda said in reading the judgment, Nyasa Times reported. The court ordered the fresh vote to use the 2019 voters roll with only 2019 candidates, and Al Jazeera reported it would be held on 2 July.

“None of the candidates obtained a majority.”Supreme Court of Appeal, as quoted by Al Jazeera, Al Jazeera
8 May 2020
Ruling

Court criticises the Electoral Commission for appealing

The Supreme Court said the Electoral Commission should not have appealed because doing so showed it was taking sides, Al Jazeera reported.

“The conduct of the electoral commission left a lot to be desired.”Justice Frank Kapanda, Al Jazeera
27 Jun 2020
Turning point
Statement

Chakwera declared winner

The Electoral Commission declared Chakwera the winner with 58.57 percent of the vote, Al Jazeera and AP reported. Mutharika had alleged irregularities, which the commission dismissed, Al Jazeera said. He called the rerun the worst in Malawi's history but urged the country to move on peacefully, AP reported.

“My victory is a win for democracy and justice.”Lazarus Chakwera, Al Jazeera
28 Jun 2020
Leadership

Chakwera sworn in

Chakwera was sworn in as Malawi's sixth president in Lilongwe and urged national reconciliation, AP reported.

“this new Malawi is a home to you, too.”Lazarus Chakwera, KSAT (Associated Press)
🇲🇼 LilongweKSAT (Associated Press)
· · · 63 months later
2025
16 Sep 2025
Start

Chakwera and Mutharika meet again at the polls

Malawi held a general election on 16 September 2025, the fourth presidential contest between Mutharika and Chakwera, Reuters reported.

24 Sep 2025
Statement

Chakwera concedes

Chakwera conceded in a televised address before final results were announced, calling Mutharika the presumptive winner, AP reported. His party had earlier cited what it called serious anomalies in counting, Africanews reported.

“This outcome is a reflection of your collective will to have a change of government”Lazarus Chakwera, CFJC Today (Associated Press)
24 Sep 2025
Turning point
Statement

Electoral Commission declares Mutharika the winner

Electoral Commission chair Annabel Mtalimanja declared Mutharika the winner on the evening of 24 September with about 3 million votes, or 56.8 percent, against 1.77 million, or 33 percent, for Chakwera, Africanews and Reuters reported. Turnout was about 76 percent, Africanews said.

4 Oct 2025
Leadership

Mutharika sworn in again

Mutharika, 85, was sworn in at Kamuzu Stadium in Blantyre, Reuters reported. Chakwera did not attend, but his party said he wished Mutharika success.

“We will fix this country.”Peter Mutharika, Arab News (Reuters)
🇲🇼 BlantyreArab News (Reuters)

Sources

18 records, ranked by type
  1. 1Official record3 Feb 2020
    Chilima & Anor. v Mutharika & Anor. (Constitutional Reference 1 of 2019) [2020] MWHC 9
    High Court of Malawi (MalawiLII) · malawilii.org
  2. 2Official record8 May 2020
    Mutharika & Anor. v Chilima & Anor. (MSCA Constitutional Appeal 1 of 2020) [2020] MWSC 1
    Malawi Supreme Court of Appeal (MalawiLII) · malawilii.org
  3. 3News report28 May 2019
    Malawi's Mutharika narrowly wins presidential race with 38.57% of the vote (Reuters)
    The Star, Malaysia (Reuters) · thestar.com.my
  4. 4News report8 Aug 2019
    Malawi's top court hears presidential election result challenge
    Al Jazeera · aljazeera.com
  5. 5News report3 Feb 2020
    Malawi top court annuls presidential election results
    Al Jazeera · aljazeera.com
  6. 6News report3 Feb 2020
    Malawi court nullifies May presidential elections
    Voice of America · voanews.com
  7. 7News reportFeb 2020
    Malawi President to appeal court's annulment of election
    Bloomberg (BloombergQuint) · bloombergquint.com
  8. 8News report15 Apr 2020
    Malawi court to hear president's appeal against vote re-run (AFP)
    Business Standard (AFP) · business-standard.com
  9. 9News report8 May 2020
    Malawi court rejects president's appeal against poll annulment
    Al Jazeera · aljazeera.com
  10. 10News report8 May 2020
    Malawi Supreme Court dismisses MEC, Mutharika appeal: fresh elections on
    Nyasa Times · nyasatimes.com
  11. 11News report27 Jun 2020
    Malawi presidential election: Lazarus Chakwera declared winner
    Al Jazeera · aljazeera.com
  12. 12News report28 Jun 2020
    Lazarus Chakwera inaugurated as Malawi's new president (AP)
    KSAT (Associated Press) · ksat.com
  13. 13News report24 Sep 2025
    Malawi President Chakwera concedes defeat in election, with former leader on course for victory (AP)
    CFJC Today (Associated Press) · cfjctoday.com
  14. 14News report24 Sep 2025
    Mutharika wins with 57% as Chakwera concedes with 33% in Malawi election
    Africanews · africanews.com
  15. 15News report4 Oct 2025
    Mutharika sworn in for second term as Malawi's president (Reuters)
    Arab News (Reuters) · arabnews.pk
  16. 16News report31 May 2019
    Malawi opposition leader petitions to nullify vote results (AP)
    Fox News (Associated Press) · foxnews.com
  17. 17News report4 Feb 2020
    Malawi court annuls President Mutharika's 2019 election victory (Reuters)
    Yahoo News (Reuters) · sg.news.yahoo.com
  18. 18News report24 Sep 2025
    Malawi re-elects Mutharika after five years of economic crisis under Chakwera (Reuters)
    ThePrint (Reuters) · theprint.in

Last updated 1 November 2026. Spotted an error? See corrections. Every event links to the record it comes from. Allegations are attributed to whoever made them.