‘5 judges made errors in law’: Mutharika, MEC file appeal to stop election fraud case

President Peter Mutharika and the Malawi Electoral Commission (MEC) have filed an appeal to Malawi Supreme Court of Appeal against constitutional court ruling on Friday in favour of opposition parties pursuing a case over disputed election results.

Modecai Msiska (right): They can go on and appeal at the Supreme Court, we will meet there. 

The appeal has been lodged by Churchill and Norris Law Consultants, asking the Supreme Court of Appeal to consider the prayer of President Peter Mutharika, who narrowly won the election last month, to quash the referral case by Malawi Congress Party (MCP) president Lazarus Chakwera and UTM Party leader Saulos Chilima who are disputing the May 21 presidential poll results.

A panel of five judges  hearing the matter; Healey Potani, Mike Tembo, Dingiswayo Madise, Ivy Kamanga and Redson Kapindu, said the case could continue and set June 26 as the date for a full hearing.

However, in the appeal, MEC and Mutharika maintain their request to quash Chakwera and Chilima’s application and that the Supreme Court should reverse the decision of the Constitutional Court.

In the ground of appeal,  Churchill and Norris Law Consultants argue that  learned justices  sitting as a Constitutional Courted “erred in law” one too many.

The judges said to have made an error in law by holding that there is no requirement under the law foe the election petition to be verified by a sworn statement when such a requirement exists both at common law and under the court (High Court) (Civil Procedure) Rule 2017.

The five judges are also fauled for making an error in law by holding that the petition had been paid for and that a petition had been filed in time in the absence of any proof of payment for a petition and preferring speculative hearsay evidence against cogent evidence.

The appeal also faults the judges for making another error in law by holding that the irregularity of filing a sworn statement verifying a petition out of time and that of replacing court documents without permission of the court and thus falsifying the court record and curable at law.

The judges also are faulted for “ratifying the fraudulent filing of the Electoral Petition.”

MCP’s lead lawyers, senior counsel Mordecai Msisha said  the court said will hear the grounds for the appeal application while proceeding to set aside hearing for the case on June 26 2019.

“They can go on and appeal at the Supreme Court, we will meet there,” Msiska said.

Both MCP and UTM claim the May 21 Presidential Elections were rigged in favour of Mutharika who was declared winner with 38 percent of the votes trailed by Chakwera with 35 percent and Chilima with 20 percent.

Tipp-Ex, once the favourite tool of office workers fixing typing errors, was used widely on tally sheets in the elections and is the key issue being raised by opposition in their petition.

Malawi Electoral Commission (MEC) chairperson Jane Ansah admitted that Tipp-Ex was used on some result sheets at polling stations.

She said the commission did not supply any correction fluid with election material.

 

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Natty Prince
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Natty Prince

Kodi funso langa lophweka nali—kodi bungwe la mec likuimilira ndani pamenepa?chifukwa bungweli ndimaona ngati ndiloima palokha kuti lithandize zipani pa mpikisano.Tsono ena ngati sakukhutisidwa ndizotsatira zake chifukwa chani bungweri silikufuna kuwathandiza odandaula?Jane apa ukuonetsa mbali imene uli samala ma law munaphunzira kumaona ngati anthu azingoti zoona chilichonse mungapange apa ndiye mwakanika mbava zopanda nueru ngakhale muli ndi mapepala auloya kaya mumati chani mbava ndi mbava palibenso kukupatsani ulemu iwexo Mr Tipp-ex mchimwene wake wa daniel phiri mwazunza Amalawi mokwana moto unke kwainu

shau
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shau

Don’t worse peoples times Dr. Madando and your selfish President. if you know your smoothly won y taking an appeal ? Do you think your more wiser than 19 million people?

Let the court take its course on 26 June, no wahala…….No sense!!!!!

Murupale pa Thyolo
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Murupale pa Thyolo

Yesterday Madam Ansah told us that once the Constitutional Court on elections make a determination on a case nobody can appeal that decision by the judges then why did Joab Frank Chakhaza failed us to ask Mama J all this nonsense of appealing to the Supreme Court. We need administrators to chair the electoral commission not judges but the commission should have a lawyer for legal advice. Apatu Khoswe ali pa nkhate. Judges to judge their fellow Senial Counsel. Koma pa Flames!!!!!!!

Nkhalo Benjamin
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Nkhalo Benjamin

She was right because we dont have a constitutional Court in Malawi.

Mbolo
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Mbolo

No law would take its course here.Jane Asah says a Constitution Court is the last?Fooling Malawians! Chief Justice is about to answer.If justice is being fooled you will Mr.Mob justice.Our so

Mandado@147
Guest

MEC trying hard to hide its dirty KKKKKK Full trail will expose form 66 Tipex supply chain and fake ass Bishop!! But la 40 is here! The Judges are smart not to take bribes from Dpp like how MDF is being professional cause they know better crimes of injustices and the ICC!!

Mbolo
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Mbolo

How did Jane Asah became supreme court judge?Pali. Mahala APA?She says 30,000,000 weighs 30tonnes and Constitution court is final and unappleable?How do you appeal the determination of this election case to supreme court? Mwayamba kusewesa?

hope
Guest

Galu ndi ambuyache- Stupid fellows

Gerald
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Gerald

In any case I support my colleagues who keep wondering why technicalities should be the basis of the President arguments when he knows he fairly won the elections? If the president knows he fairly one would wonder why he cannot prove through his lawyers that fairness in the court of law? Does he suspect that something must have been fraud? What is wrong with MEC to be part of contesting the continuation of the case based on technicalities? Does MEC know that they had done something fishy that they are concealing? Of what interest in the discontinuation? MEC is clap… Read more »

Tipex Janensah
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Tipex Janensah

Malawians wants to know ,who supplied Tppex and why

Madando 147 how Dr Ansah resolved.

Why were the ballot papers taken to MEC officials home

Why were other ballot boxes transferred without proper security?

Ansah and her team should testify.

Taking Malawians for fools, not this time. Enough!

Scott M Huber
Guest

The question appears as so often does in litigation as to what has priority in a case. Cases are frequently knocked out on legal technicalities of procedural Law but the question then remains as to whether overall Justice has been served? Is Justice really being served by knocking out a case on procedural error or are the fundamental merits of the case more important so that procedural error can be overruled? APM’s and MEC’s appeal appears to be testing the above issue if indeed their allegations are accurate. The allegations will need to be proven correct first then procedural Law… Read more »