The Malawi Electoral Commission declared the results on September 24, with Arthur Peter Mutharika winning with 56.8% of the vote. According to Section 81(1) of the Constitution, the president-elect must be sworn into office within 30 days of the election results being announced.
This 30-day period is described as a “crucial safeguard” that allows time for the resolution of any electoral disputes, ensures a legitimate and transparent process, and provides a stabilizing effect on the political climate. It prevents a rushed transition and reinforces that the process is governed by law, while also ensuring that government operations are not paralyzed indefinitely.
Please see the full post from the MEC below:
POLITICAL INDEX
UNPACKING ELECTORAL ISSUES
Swearing-in of president-elect
The 2025 presidential election reached its decisive moment on Wednesday, September 24, when Malawi Electoral Commission declared results of presidential election.
Out of 7 203 590 registered voters, 5 502 982 turned up for voting, representing 76.4 percent.
The winner Arthur Peter Mutharika of the Democratic Progressive Party (DPP) got 3 130 920 votes, representing 56.8 percent of the 5 547 757 valid votes.
The winner had surpassed the majority threshold stipulated in the Constitution.
An interesting and important question is when will the President and Vice-President elect will officially be sworn in?
According to the law that the task of the MEC, but other relevant government offices.
The law says the newly elected President and Vice-President must be sworn into office within 30 days from the announcement of election results and not later than 30 days.
Section 81(1) of the Constitution provides that: “A person elected to be President or First Vice-President shall be sworn into office within 30 days of his or her election, but before the expiry of 30 days from the date the election results are announced.”
This provision is not a bureaucratic technicality, but a crucial safeguard.
The 30-day waiting period is designed to allow space for the resolution of electoral disputes or queries arising from the election.
It provides an opportunity for those who may wish to contest the results to lodge petitions before the courts, ensuring that the process is deemed legitimate, transparent, and in line with the rule of law.
Without such a window, the elections risk being rushed, leaving grievances unaddressed and undermining public trust in the process.
This waiting period also has a stabilizing effect on the political climate.
In the aftermath of tightly contested elections, emotions often run high. By enforcing a constitutional pause before the swearing in, Malawi’s laws provide room for reflection, deliberation, and judicial intervention.
This prevents hasty transitions and reinforces the principle that democracy is governed by law and not by emotion.
Equally important is the 30-day limit. By stipulating that the President and Vice-President elect must be sworn in within 30 days of the results declaration, the Constitution prevents undue delays that could paralyse government operations.
It ensures that while space is given for dispute resolution, the government business or governance does not remain in limbo indefinitely.
When the swearing-in finally takes place within seven to 30 days, the oath will carry with it the authority not only of the people’s choice but also of the Constitution itself.
That is the essence of democratic governance: leadership enshrined by election, sanctioned by law, and tested in service.
