Lawyer Khumbo Soko says electoral alliances are legally binding and prosecutable if terms are broken
Renowned legal expert Khumbo Soko has argued that electoral agreements between political parties in Malawi are legally binding and can be subject to legal action if their terms are violated.
Soko’s comments, made during a public lecture at the University of Malawi (Unima) on Friday, serve as a strong reminder to political parties that informal or “gentleman’s agreements” in electoral alliances carry legal weight and can have serious consequences.
Soko’s lecture, titled Ndale Zopanga Usiku: The Law and Electoral Alliances in Malawi, focused on the growing trend of political parties forming coalitions in a bid to secure electoral victories. While many of these alliances may appear to be based on informal agreements, Soko warned that such pacts are not exempt from legal scrutiny and can be prosecuted if the terms are breached.
“Electoral alliances, regardless of whether they are formalized in written contracts or based on informal agreements, are legally binding,” Soko said. “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 formed ahead of the 2019 elections. The alliance, which appeared to be based on a mutual understanding between the two parties, soon crumbled as both sides failed to honor the terms of their agreement. Soko cited this breakdown as a prime example of how informal political agreements can lead to legal disputes when one party decides to walk away without adhering to the terms 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 explained. “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 also addressed the structural challenges that complicate political alliances in Malawi. He pointed out that the political system—particularly the strong influence of the presidency—makes it difficult to enforce coalition agreements. Soko explained that in Malawi’s current political climate, once a president is elected, they are considered virtually irreplaceable, and political parties may feel emboldened to break alliances without legal 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 stated. “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 also called for a more robust legal framework to govern political alliances, especially given that coalitions will continue to play a significant role in the country’s political future, especially with the implementation of the 50% + 1 electoral law, which guarantees that alliances will be crucial 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 said. “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 while the law alone cannot solve all of the country’s political challenges, it should offer guidance on how political alliances can be structured and maintained in a way that supports democratic values.
“We need to start asking hard questions about the legal dimensions of electoral alliances,” he said. “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 important conversation about the legal underpinnings of political coalitions in Malawi, and his call for more robust legal frameworks will likely resonate as political parties prepare for future elections.
As the role of alliances in Malawi’s democracy continues to grow, the legal implications of these agreements will become increasingly important for ensuring transparency, accountability, and stability in the country’s political system.
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