Renowned authorized knowledgeable Khumbo Soko has argued that electoral agreements between political events in Malawi are legally binding and might be topic to authorized motion if their phrases are violated.

Soko’s feedback, made throughout a public lecture on the University of Malawi (Unima) on Friday, function a powerful reminder to political events that casual or “gentleman’s agreements” in electoral alliances carry authorized weight and might have severe penalties.

Soko’s lecture, titled Ndale Zopanga Usiku: The Law and Electoral Alliances in Malawi, centered on the rising pattern of political events forming coalitions in a bid to safe electoral victories. While many of those alliances might look like based mostly on casual agreements, Soko warned that such pacts will not be exempt from authorized scrutiny and might be prosecuted if the phrases are breached.

“Electoral alliances, regardless of whether they are formalized in written contracts or based on informal agreements, are legally binding,” Soko stated. “If parties break their commitments, they can be held legally accountable. There is a misconception that these alliances are not enforceable, but that is simply not the case. The law does recognize these pacts, and violations of agreed terms could lead to legal action.”

Soko’s remarks come amid criticism of the controversial UTM-MCP alliance, which was fashioned forward of the 2019 elections. The alliance, which seemed to be based mostly on a mutual understanding between the 2 events, quickly crumbled as either side did not honor the phrases of their settlement. Soko cited this breakdown as a major instance of how casual political agreements can result in authorized disputes when one social gathering decides to stroll away with out adhering to the phrases of the pact.

“The UTM-MCP alliance was a clear case where two political parties entered into an agreement, but neither party seemed to fully understand the legal implications of that alliance,” Soko defined. “When MCP exited the alliance, it acted as though no formal agreement existed. Similarly, UTM’s response suggested they were also unaware of the legal obligations involved in terminating the alliance. This is problematic, and it highlights the need for a deeper understanding of the legal nature of political agreements.”

In his lecture, Soko additionally addressed the structural challenges that complicate political alliances in Malawi. He identified that the political system—significantly the robust affect of the presidency—makes it troublesome to implement coalition agreements. Soko defined that in Malawi’s present political local weather, as soon as a president is elected, they’re thought-about just about irreplaceable, and political events might really feel emboldened to interrupt alliances with out authorized or political consequence.

“In Malawi, the president holds a powerful position. Once a president wins, it becomes almost impossible to question their mandate. This political setup weakens the foundation of political alliances, as leaders feel free to abandon or ignore agreements without facing repercussions,” Soko said. “This dynamic makes it difficult for political alliances to be respected or enforced, particularly in the absence of clear legal frameworks for such situations.”

Soko additionally known as for a extra strong authorized framework to manipulate political alliances, particularly provided that coalitions will proceed to play a big function within the nation’s political future, particularly with the implementation of the 50% + 1 electoral legislation, which ensures that alliances might be essential in securing election victories.

“The 50% + 1 law practically ensures that alliances and coalitions will remain a fixture of Malawian politics. However, there has been very little legal analysis of how these alliances should be managed,” Soko stated. “It’s essential that we start considering how the law can ensure that these agreements align with the principles of transparency, accountability, and democracy. Political alliances should not be treated as mere political tools; they must be governed by legal standards that ensure their legitimacy.”

Soko concluded by stressing that whereas the legislation alone can not resolve the entire nation’s political challenges, it ought to supply steering on how political alliances might be structured and maintained in a manner that helps democratic values.

“We need to start asking hard questions about the legal dimensions of electoral alliances,” he stated. “What happens when terms are broken? How can we ensure that these alliances serve the public good and not just the interests of a few political elites? Our Constitution was designed to protect the people, and we must start using it to ensure that political alliances align with our democratic ideals.”

Soko’s lecture has sparked an necessary dialog in regards to the authorized underpinnings of political coalitions in Malawi, and his name for extra strong authorized frameworks will doubtless resonate as political events put together for future elections.

As the function of alliances in Malawi’s democracy continues to develop, the authorized implications of those agreements will turn out to be more and more necessary for making certain transparency, accountability, and stability within the nation’s political system.

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