Upholding Constitutionalism in Precarious Times: Case study of Malawi Defence Force

Abstract

This paper seeks to understand the role of the military in a democratic state. It focuses on how the military performs under the civilian leadership put in place through a duly elected process in Malawi. Evidence has shown that some civilian leadership have gone overboard to influence the military to act contrary to the constitutional mandate. This paper examines the role played by the Malawi Defense Force in upholding the constitution. Data was collected using an interview guide with key informants and archival research. Data was analysed using content analysis. The results suggest that on a number of occasions between 1994 and 2019 there have been occasions also referred to as ‘critical junctures’ where the civilian leadership attempted to influence the military to go outside its constitutional mandate and act in the interest of civilians in power. Key notable events include the death of the Head of State in 2014 and during the 2014 elections where the incumbent president ordered the closure of the Tally Centre arguing ‘immense irregularity’. The paper concluded that for the continued professional work of the MDF operated within the dictates of the law that guides their operations.