Malawi Electoral Commission rebuffs MCP on re-run, stand ground on by-election

Following the ruling by the Supreme Court of Appeal regarding the May 2014 Tripartite Elections for Lilongwe City South, Malawi Electoral Commission (MEC)  says it is putting in place measures to hold a by-election and not a re-run as demanded by Malawi Congress Party (MCP).

MCP’s Msungama: Challenged the fraudlent results in court and wants a rerun

This development comes hot on the heels of differing opinions from the country’s legal minds which were suggesting that the country’s electoral laws does not provide for a re-run but rather a by-election.

On.March 6 the Supreme Court ruled that a re-run be conducted in the constituency following irregularities in the 2014 parliamentary elections which saw Bentry Namasasu of Democratic Progressive Party  (DPP) being declared winner.

His MCP counterpart Ulemu Msungama lodged a protracted legal battle to have the results nullified alleging that he was the rightful winner.

The High Court sitting in Lilongwe ordered for a recount of the ballot which.did  nt happen because the Warehouse keeping the ballot papers caught fire in mysterious circumstances and raised eyebrows that the DPP was trying to erase evidence that Msungama indeed won the elections.

In a statement signed by Acting Chief Elections Officer Thandie Nkovole, MEC notes that it will be the first time on record that there will be a re-run of this nature in the electoral history of the country.

“To that extent there is need for critical study of the judgement delivered by the court and also provisions of the.existing electoral laws in order to come up with an acceptable procedure in conducting a re-run,” Nkovole said.

MCP deputy secretary general Elsenhowver Mkaka said it would be unfortunate if MECE proceeded with its by-elections where there will be other candidates, saying a rerun of MCP’s Msungama and DPP’s Namasasu would have been ideal.

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6 thoughts on “Malawi Electoral Commission rebuffs MCP on re-run, stand ground on by-election”

  1. pkamlomo says:

    kodi law ndiyovuta choncho?
    mec is clearly serving the interests of a political party.

  2. FrankTchale says:

    Welcome to Malawi where the ELECTORAL COMMISSION is above the SUPREME COURT OF APPEAL

  3. Geoffrey Phiri says:

    MEC chairperson is to be reminded about the re-run which Anastanzia Msosa conducted in 1994 in Nsanje District two constituencies of Joyce Chikweza and late Gwanda Chakuamba. As a Judge herself, Jane Ansah should be the last to mislead the nation that re – runs have never been held in Malawi. Where was Jane Ansah in 1994? Does she want us to start speculating that she is one of the Mashonas? Please adhere to what the Supreme Court has ordered you to do. The learned judges at Supreme Court are well conversant with Malawi Electoral systems ie they equally know about the 1994 re – run scenario.

  4. Atusayemwakabanga says:

    Malawi Electoral laws are not fit to accomodate the lodged complaint in question.Malawi is premature democratically our constitution need a complete overhaul for democracy to have a true meaning.

  5. DOBO says:

    Total slights and turns for this young man,Msungama. Total confusion created by underhand thr MEC whose leadet is apoointed by DPP leader who is a head of state.Its not a surprise to have all insitutions whose leaders are appointed by a leader of a party favouring the party.It not a secret to have such institutions leaned to ruling party rendering questionable decisions. which require the courts which look more independent because of its diversity and constitution. Msungama is fighting a good fight thr court where money is needed while the other side is using state funds to fight the same fight.I real symphathise with Msungama not as a supporter of Him or MCP but as Justice lover.For MEC just follow what suprime court has ruled to save your credibility and avoid further complications. One of complications is that neither your by election nor the court initiated re-run will not take place. To me,this a deliberate move by MEC to frustrate the ruling by our highest court in Malawi where anything ruled there becomes a law.Anything argued agaist it outside the court is a mere politics. You can not say you can only conduct by election instead of re-run based on existing laws as if the supreme court is ignorant of such laws That is where MEC is confusing me.Should I assume that MEC is above Supreme court or is it delays tactics not to conduct the re-run considering that at one time you said there is no money for such election or is it a simple hatred for MCP .May be,its the delay tactics in town.

  6. MNDAMBALA BOY says:

    Was it M.C.P who said there must be re-run election? Malawi is just full of fools, i thought it was Court?
    Are we serious that we should not be doing things because we have never done it before?If this is the first time lets do the re-run so that ana athu adzanene kuti zinachitikapo, RISK IT ALL BUT PLAY SAFE! shupiti MEC! malamulo azigwira ntchito ku MEC kokha pamene kwinaku akulephera? bwanji mbava zikungoyenda zosamangidwa?

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