Courts and the Mediation of Public Resource (Ab)Use During Elections in Malawi

The (ab)use of public resources during elections in Malawi is a recurrent phenomenon. The judicial mediation of the (ab)use of public resources has, however, not been extensive. In instances where courts have intervened, their pronouncements have done little to stem the practice, especially by incumbents. This paper interrogates the judicial regulation of the (ab)use of public resources during elections in Malawi. Among other things, it establishes that state media remains one of the most highly contested resources during elections. The paper demonstrates that the judicial understanding of public resources is narrow and may shield politicians from censure. In addition, political actors in Malawi seem interested in questioning the (ab)use of public resources only in the period immediately preceding polling without concern about any (ab)use during the rest of the electoral cycle.