Three citizens have taken President Peter Mutharika to court for failure to remove Malawi Electoral Commission (MEC) chairperson Jane Ansah and the other commissioners from office.
The concerned citizens have also sued Ansah and MEC commissioners for fialing to abdicate from office after some Malawians demanded that they do so and the Constitutional Court and Parliamen’t Public Appointments Committee (PAC) found them to have incompetently managed the May 21 2019 ‘tippexed’ presidential election.
The High Court in Lilongwe is yet to assign a judge and fix a date in a case in which Thokozani Chinjezi, George Ngwenyama Phiri and Aaron Kayira want the MEC chairperson Ansah and the commissioners removed from office.
President Mutharika is the first defendant while Ansah is the second defendant along with the other MEC commissioners who are also defendants.
“…(this is) an application for an order for leave to file judicial review proceedings against the failure to by president Peter Mutharika to remove defendants from the membership of the Electoral Commission and failure by the second defendant (Ansah) and the other defendants to cease to be members of the Electoral Commission withstanding that circumstances have arisen which would have disqualified them from the appointment as such they are not members of the Electoral Commission,” says a court document in part.
There is also an application for an order to restraining the commissioners from performing their duties until the determination of the judicial review or until further order of the court.
The Constitutional Court and the parliamentary Public Appointments Committee recommended the removal of the commissioners because of incompetency.
President Mutharika however is yet to fire them, drawing criticisms as well as protests.
Presidential spokesperson Mgeme Kalilani said Mutharika was still studying the recommendations.