LILONGWE-(MaraviPost)-Malawians are reeling from a sharp fuel price hike just days before Peter Mutharika is set to be sworn in as the country’s next president.
With the September 16, 2025, elections behind them, many are asking a pressing question: who is legally responsible for decisions taken in the interim period between an election defeat and the formal handover of power?
Malawi’s Constitution provides a clear answer.
Section 83(3) states: “The President shall hold office for five years, but shall continue in office until his or her successor has been sworn in.”
This ensures that even after losing an election, the incumbent president continues to wield full executive authority until the incoming president formally takes the oath.
Following the September elections, President Lazarus Chakwera legally remains head of state and chief executive until Mutharika’s scheduled swearing-in on Saturday, October 4, 2025.
This includes full oversight of economic, administrative, and regulatory decisions, such as the recent adjustments in petrol and diesel prices announced by the Malawi Energy Regulatory Authority (MERA).
History confirms this practice in Malawi.
When Bakili Muluzi completed his second term in 2004, he remained fully in office until Bingu wa Mutharika was sworn in.
In 2012, after Bingu’s sudden death, Joyce Banda assumed the presidency immediately, but until her formal swearing-in, the late president was still legally head of state.
In 2014, after losing to Peter Mutharika, Joyce Banda remained president until the swearing-in ceremony, continuing to make administrative decisions despite public criticism and allegations of political maneuvering.
These examples show that Malawi consistently applies the principle that incumbents retain full authority until their successors are sworn in, even in tense or controversial circumstances.
Malawi is not alone in this.
In the United States, outgoing presidents maintain authority until January 20, issuing executive orders, granting pardons, and managing foreign policy.
However, the “lame-duck” period carries risks, as seen in Donald Trump’s final weeks in 2020, when sweeping pardons and challenges to election results exposed potential abuses of transitional power.
Zambia and Kenya provide additional lessons.
When Edgar Lungu lost to Hakainde Hichilema in 2021, he remained in office until the handover.
Kenya’s post-election transitions in 2007–2008 revealed how delays or manipulations during transition can spark conflict.
These cases highlight a universal principle: legitimacy flows from constitutional order, not merely election outcomes.
While transitional authority ensures continuity, it can also be misused.
Out-of-office incumbents can make last-minute policy changes or shield allies from accountability, potentially leaving the incoming administration with contentious decisions and the public with unanswered questions.
The recent fuel price hike in Malawi exemplifies this tension: legally approved by the outgoing Chakwera government, but politically and socially sensitive as it impacts citizens before the new president assumes office.
To protect democracy and limit abuse during transitional periods, Malawi could consider reforms.
Parliament could legislate that significant economic or administrative changes—such as fuel price adjustments, international borrowing, or high-value contracts—be limited between election results and the swearing-in.
A panel of Parliament, judiciary, and civil society could monitor decisions during transitions to ensure necessity and public interest.
Reducing the time between election declaration and swearing-in, as done in Zambia, minimizes the risk of controversial decisions.
Outgoing presidents must also be guided by law and integrity, recognizing that their final acts shape both legacy and national stability.
As Peter Mutharika prepares to take office on October 4, 2025, the caretaker fuel price adjustments underscore the dual reality of transitional governance: it is both constitutionally essential and politically sensitive.
Malawians should take this moment to reflect on the importance of legal continuity, the risks of lame-duck power, and the reforms necessary to ensure that transitions strengthen, rather than strain, democracy.
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