Malawi

Abstract

Constitutional democracy in Malawi has prevailed despite a series of setbacks. The chapter links this resilience to the interaction between state actors like the judiciary, civil society actors, and a shifting political opposition that at critical junctures have succeeded in confining or overturning authoritarian attempts, often in a concerted cooperation with international actors. The judiciary has remained largely independent, despite recurring attempts by the executive to exert undue influence through threats, bribes, irregular appointments, and removal of judges. The courts in Malawi have been able to maintain a supportive constituency in civil society as well as in the political opposition. This support is in turn mobilized to protect the courts at critical moments. Although the relations between the government and international pro-democracy forces have been characterized by fits and starts (not unlike Malawi’s democratic trajectory), international actors have at critical moments contributed toward safeguarding judicial independence and accountability mechanisms that have kept political channels open. Donor support and leverage contribute to both the mobilizing potential of civil society and the relative restraint of the government.