High Court dismisses election cases against MEC

The High Court sitting in Blantyre on Tuesday, January 19, 2016 has dismissed a case by independent candidate for Limbuli Ward in Mulanje in which he petitioned the court to overturn a determination of the Commission.

MEC Chairman, Justice Maxon Mbendera (L) and far (R) Commissioner Nancy Tembo: MEC decsion upheld by court

MEC Chairman, Justice Maxon Mbendera (L) and far (R) Commissioner Nancy Tembo: MEC decsion upheld by court

Derek Eliya Safari contested in the 2014 Local Government Elections in the ward as an independent candidate, however, he was disqualified after polling had already taken place.

MEC was presented with evidence that Safari was an ex-convict therefore he was not eligible to contest in the first place.

By the time he was disqualified preliminary results had already showed that he was leading in the ward and the Commission declared his runner up as winner in the ward.

Dissatisfied with the decision, Safari petitioned the court to overturn the decision of the Commission and to declare him winner in the Local Government Elections for Limbuli Ward as he was leading in the vote count.

Nyasa Times understands that since filing the petition, Safari has not made any move to have the matter heard and concluded a move that forced MEC lawyers to file for dismissal of the case.

And on Tuesday, Registrar of the High Court, Simeon Mdeza dismissed Safari’s petition on the ground of inordinate and inexcusable delay by him in setting down the matter for hearing.

This development brings to three, the total number of electoral cases that have been dismissed by the High Court in 2016 alone.

On January 12, 2016 the High Court in Lilongwe also dismissed a case in which Anna Mpinda Kankwenda challenged the results of Mchinji North Constituency citing irregularities in the vote counting process.

On the same day the High Court also dismissed a petition by Bertha Zilemba who challenged the results of the 2014 Parliamentary Elections in Kasungu North East constituency citing irregularities in the vote counting process.

During the May 20, 2014 elections, MEC received 360 complaints of which only 26 ended up in court. The rest were resolved through the Complaints Handling Unit of the Commission.

Out of the 26 cases, nine cases have been dismissed with costs in favour of the Malawi Electoral Commission while 10 cases were withdrawn by mutual consent.

Only one case is still in court awaiting judgment and six cases are still in the High Court (2 in Zomba and 4 in Blantyre) waiting for hearing.

There are two 2 cases that are in the Supreme Court of Appeal.

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nabetha
Guest
nabetha
8 months 4 days ago

Inu a cash gate ndinu opusa kwambili.mungoti Mbendera chani.Mukutha kupita kukhoti chifukwa Mbendera anakupatsani mwai kuti muone mmene chisankho chimayendera mwa transparent.
Amene mukuwatchulawo akanachita declare kuti PP ruling party yawina chisankho on day 2 asanathe ndikuwerengera MAVOTI nkomwe.

Iwe wa dzina lachiyao ndiwenso chitsiru. Umamudziwa Mbendera iwe galu wachabe chabe. Upite ukafunse uja amatenga za declaration of assets akuuze kuti munthuyi ali ndi chiani.amadya zachetu uyu!Nchito anagwira ali private lawyer zaka zaka. Upite kwa anzako ukafufuze.

Cash Gate
Guest
Cash Gate
8 months 6 days ago

Mbendera is not fit to hold that kind of position, we have many cases in courts due to poor performance, I prefer Anasitazia Msosa, call her back to head MEC. Mbendera is a money lover, ndikosavuta kumunyengerera.

kabotolokamo
Guest
kabotolokamo
8 months 7 days ago

WHAT DO WE EXPECT WITH TWISTED JUDGES IN THE SYSTEM …….CRY THE BELOVED COUNTRY !

Apao Kugola
Guest
Apao Kugola
8 months 7 days ago
Malawi is a failed state and a lawless nation. Mbendera is not fit to hold that position. As a lawyer Mbendera is too poor both morally and financially to hold such a big position of huge national influence. He failed to show his integrity during the time when he had all the chance to proove that he is really a lwayer by its name on that day he announced elections results. Instead he chose to shed crockdile tears. Elsewhere, he would have left the podium to wipe out his tears and later to tender his resignationin rather than betraying the… Read more »
willybetha
Guest
8 months 7 days ago

No case mec simaluza.

George Kamanga
Guest
George Kamanga
8 months 7 days ago

do we have magistrates, judges and justice who are true and fight for justice on Malawi???? for me I see crooks, corrupt and criminals in our judicially. they are their to fill their empty bellies.

donors don’t waste your tax earned money to fund Malawi judicially because you are wasting your resources to crooks

Mphande yituwa John
Guest
Mphande yituwa John
8 months 7 days ago

But too much delay to conclude cases at court why you Judges and magistrates

Truck
Guest
Truck
8 months 7 days ago

LIGOMEKA ANAULULA KALE KUTI DPP INABELA MAVOTE THERE IS NO SMOKE WITHOUT FIRE EH!

Kachindamoto (no translation)
Guest
Kachindamoto (no translation)
8 months 7 days ago

A sign of relief to MEC crews. As if theMEC guys are saying , why are the people suing against us? Please forgive us and forget till 2019.

mbani
Guest
8 months 7 days ago

nancy tembo tisamale mbendela has a case to answer why he cried on that day

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