Judge Kenyatta moves Salimu versus Malawi pollster case to May 24

The High Court in Blantyre on Thursday moved to May 24th the case in which lawyer Ambokire Salimu wants Malawi Electoral Commission (Mec) to influence electoral law reform that would ensure elected public officers are bound by their campaign promises.

Justice Kenyata Nyirenda moves the case to May 24

Justice Kenyata Nyirenda moves the case to May 24

Salimu, in an individual capacity, filed for Leave for Judicial Review to push for Mec to refer Parliamentary and Presidential Elections Act, Political Parties Act and Local Government Elections
Act to the Law Commission for review to incorporate a provision that specifically demands public officers elected through universal suffrage to be legally bound by promises they make to voters.

According to the Constitution, the authority to govern the country derives from the people of Malawi; surprisingly, there is no clause in the country’s electoral laws that place any direct legal obligation on those seeking public office through ballot to fulfill promises they make to electorate during campaign period.

If granted, the court, based on Salimu’s application, is expected to issue an ex-parte Order of interlocutory Injunction, restraining Mec from conducting elections in the country until the outcome of the Judicial Review.

The case failed start on Thursday as presiding Judge Kenyatta Nyirenda was reportedly busy with other cases.

Nyirenda then moved the case to May 24.

”The judge communicated the day before (Wednesday) that his other case that he would hear in the morning would go on into the afternoon and he had to visit a scene of the accident in Ntcheu,” explained Salimu in an interview.

Meanwhile, Salimu has made amendment to the reliefs he is seeking, and now he is also seeking a declaration that elections conducted under the current electoral law construct are inconsistent with Section 6 of the Constitution.

Salimu told Nyasa Times recently that he decided to take the bold step and push for electoral law reform, arguing as a Malawian citizen he is directly affected by the ‘status quo he seeks to reverse’.

The private practice lawyer argued that those who seek public office through elections do
so, on the basis of express promises made to the people, including himself, and yet there is no statutory provision that binds them to deliver on such premises.

“As a voter and citizen of Malawi, I give the holders of public office through elections their legal validation. It is a legitimate expectation that these public officers shall deliver on their campaign promises,” he argued.

He said it was incumbent on the electoral commission to initiate such electoral law reform that would uphold the constitutional prescription.

 

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5 thoughts on “Judge Kenyatta moves Salimu versus Malawi pollster case to May 24”

  1. chikopa says:

    Lawyers want to create a market for political cases so that their bellies can grow fatter and fatter. All what is required is reinstatement of Section 64 which is Recall Provision. MEC has no sue any person.

  2. ER says:

    in Malawi we vote for individuals not policy. We have a problem with cult of personality. We need to go beyond voting for someone because he gave up K50 at a rally or because he donated 1 million to the local church. We need to hear what they plan to do and how they plan to achieve it. After which we then try to strike a balance with what we believe in and value if they don’t match they are out if they so then good for them we vote. Malawians must know what they want and what they value most. Are we nationalist, do we believe in free health care, inexpensive education, taxing the rich more, free housing, government spending, are a you a capitalist or socialist, conservative or liberal. Every eligible voter should ask themselves such questions before they cast vote to see if the person they are voting for is aligned with their beliefs and values.

  3. kkilembe says:

    You dont cash out a promise. Do they sign written contracts. Zopusa basi? If you vote for a useless person, shauri yanu. Dont ask hewe povos to help you recall the person and hold by elections. This recall is recipe for disaster.

  4. Mngoni says:

    Bravo Ambokire. .., I second that move….let politicians be accountable and taken to task where necessary.
    Tatopa ife ndi ma bodza anu, we need to develop and move forward not zomwe mukuchitazi.
    Tatopa kuponderezedwa chonsecho pa udindopo takuikani ndi ifeyo.
    Go ahead ambokire salimu. …

  5. RESPECT SUPPORTERS says:

    DEAR SALIMU
    IFE WANTHU
    AKUMUDZI NAFENSO
    MAGANIZO ALI CHONCHO

    WANTHUWA MABODZA KWABASI

    TIKAWAVOTERA BASI AMATHAWIRA KU TOWN
    KAPENA KUNJA KWA DZIKO.KUMENE

    KUWAFUNSA AMAYAMBA
    KUTINYOZANSO KOOPSYA

    CHONCHO PAKHALERDI
    NDONDOMEKO/CJILUNGAMO
    CHA MAKHOTHI

    KUWAFUNSA

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