Court sets Feb 11 for hearing ‘suspension of enforcement’ on Malawi fresh polls
The High Court of Malawi has set Tuesday, February 11 2020 as the day it will hear an application from Malawi Electoral Commission (MEC) that that enforcement of the judgement by the Constitution Court (ConCourt) that nullified last year’s presidential election and ordered a new vote within 150 days, be suspended pending appeal.
The appeal filed by MEC argues that the five judges erred in almost all their findings against the electoral body.
MEC asks the High Court that the ConCourt ruling be set aside.
A sworn statement by commission chairwoman Jane Ansah who supports the appeal, says the ConsCourt overstepped its powers by ordering parliament to convene within 21 days to amend the Electoral Act.
In an order on Friday seen by Nyasa Times, and signed by High Court assistant registrar, Madalitso Khoswe Chimwaza, the Court has directed that “the hearing of the 1st and 2nd Respondent’s applications for suspension of enforcement of judgement be on 11th February 2020 at 9:00 am.”
The first and second respondent, the order adds, should serve all necessary processes by 8:00 am on Saturday 8th February, 2020 and that the “Petitioners file and serve all necessary processes in response by 4:00 pm on Monday, 10th February, 2020.”
Further reads the order: “All processes to be served in both hard copy and electronic version…[and] during the hearing each [petitioners and respondents] shall be accorded 45 minutes to present its case.”
The suspension of enforcement of judgement is most likely to ruffle feathers amongst the citizenry who excitedly welcomed the ruling and have been celebrating since Monday.
Some quarters, especially human rights defenders on Friday expressed their discontent after MEC, the first respondent, appealed against the ruling.
Human Rights Defenders Coalition (HRDC) coordinator for the northern region, Happy Mhango, wrote on his Facebook page:”What MEC has done has prompted us at HRDC to shorten our recess. Anti-Jane Ansah demos reloaded…coming soon!!!”
President Peter Mutharika, too, the second respondent, has also challenged the ruling arguing there was a “miscarriage of justice.”
Ansah’s statement also asserts that the budget for a new election is estimated at $60 million, and she argued that a lot of money could be wasted unless enforcement of the court’s judgment is suspended.
She indicated that a new election could be possible by October 28 2020 instead.
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Instead of suspending the verdict of 5 judges, they will suspend your application Jane Ansah and Muntharika
It is possible that the Supreme Court will throw out the judgement regarding 50+1; and Parliament itself is more likely to refuse to provide enabling legislation for this rule (if it requires two thirds majority to pass). However, quashing the new poll would be extremely unusual given the massive irregularities and failure to comply with the PPEA on the part of MEC. Allowing the results of the May 21 polls to stand would be a gross injustice.
However, the ConCourt judges did well to rule on 50+1. It is already focusing minds as shown by the scramble to form strong alliances. It may not become law, at least for now, but it appears that it may become practice. There is really no need to fear 50+1. Our neighbour Zambia implemented it in 2016.
One sad thing is that on the one hand Jane Ansah is saying 150 days is too short a time to prepare for elections, but on the other hand is asking for a stay order to stop the whole process until the Supreme Court rules otherwise. In that case why can’t she drop the stay order request since if the Supreme Court rules in her favour the whole process will then be stopped? And why is she assuming that she will oversee the new poll?
Jane Ansah should not worry about the cost and time period of the new election. Malawians will bear the cost and able people will be appointed to manage the commission and conduct the election within the stipulated period. Yes, you Jane Ansah would need till October to prepare but there are competent people who can manage that in 5 months.
Agree 100%
Vile incapable woman Jane Ansah. If she cannot do it in 150 days, does she think others cannot run the elections in the same period?
This woman is absolute vile and needs to be arrested and thrown in jail for a very long time
for treason once the inevitable happens.
We will arrest her!
axse ukunama imeneija ndi constitution court simanyengelela muntu apumbwa agwa nayo ndipo atuluka mboma , Kodi iwowo akudandaula za ndalama samaziwa kuti akabela mavoti zosatila zake ndikuvotaso , ameneo akomoka sanate ndipo ma bp a shooter simasewela , amutalika afune asafune abwelelaso pansaja kupempaso mavoti
Palibe watuluka mboma
Grea !, lets put this thing to rest quickly so Malawians can begin to enjoy The New Democracy,
Running proper, legitimate democratic elections in our one and only mother country is a ‘waste of money’???
What complete and utter nonsense.
We can re-run elections 10 times, it will not be wasted money.
What is more worth spending money on than the proper and accountable free and fair exercise of our hard-won democratic rights???
It can be $500 million, I am sure the government can find money in the national budget from all that taxpayers money they fleece from us.
Chilima and HRDC has poisoned peoples minds.Don’t belittle Dr Jane Ansah’s assertions that re-run or fresh will do lot’s of money for self styled individuals and leave out poverty reeling in Malawi.Look because of this political selfishness most very important projects have stopped.
Go burn with Ansa. The money in question for fresh elections is not Ansa’s money. And ndalamazo zilipo kale. Ansah can not school us about ndalama za boma.
I agree with you 100%
You do not need to be a lawyer to know ‘when to drop it and let go’! Check what the Msundwe rally is uttering just now February 8 2020 and the time is 1530hrs! Civil war imayamba chonchi!
ConCourt judgement is now completely discredited. The judges made so many HUGE mistakes and they did so at their our country’s peril.
@vane
Like Jezebel your argument means no sense at all. Jezebel herself was court in camera saying electoral matters are not appealable. She believes she can change laws application of justice as it suits her. What has changed? Jezebel belongs to hell
Iwenso nde uti iwe kkkkkk. U bene wakupwetekatu…udya udzu
iweyo,MEC, the Jezebel Ansa are the mistake…if not for that judgement you could av burned try it and see the wrath of the citizens.
Inu a Malawi tayeserani kumatolera fundo zomwe anzau akunena. Jane anachita kuulonjeza mtundu wa a malawi kuti court kungogamura mosemphana ndi ine zatura pansi udindo lero ndi uyuu akubweretsa fundo zake mbwelera ku court. Ndiye mtundu wa a malawi uziti chani za amaiwa we know kuti enanu ndinu ma cadet but justice must prevail. This is the same lady ngati sikulakwitsa akaudza atolankhani kuti chigamulo chaku constitutional court sungapange appeal nanga iyeyo akutani lero. Mwina poti mtolankhaniyo anatchula a opposition kuti mwina azapanga appeal. Maiwa ngati kuli ku tamba ayaluka nako seriously
It will be funded from all the monies that has been LOOTED by your boyfriend amd his cadet thugs… as more that 400 million USD have been stolen and we will recover all that.. make no mistake. MCP n the people of Malawi are fully aware of the monies stolen from the country. You too will have to return all the monies given to you by your BF from which you have bought property on Nottingham worth over 1.5 million pounds. So shut the F@%K up and get out of MEC. MCP storm will befall upon all you dpp thugs very soon.
What I can see here is that MEC in conjunction with Peter have appealed the case against mcp and utm. Jane ansah bumbed her chest three times that when the Lilongwe 5 Judges approved her wrong she will resign instantly. If the 5 Judges noted that Jane ansah did not follow the procedures are you sure that all the five Judges erred in all factors? Or because Jane ansah is also in the supreme court and will be favoured by her friends in the supreme court? Law does not go in that way please. Is this just a trick by Peter fooling all the 7 sc charges betraying the 5 Judges in Lilongwe? Anyway I am grateful to those 7 Judges to speed up the case. What I can see here that Jane and Peter want bloodshed and they run way to other respective countries.
It is frightening when people abandon the rule of law just to satisfy their ego. Appealing a case is part of a legal process!
mangalitso chitsilu chamunthu iwe, DPP IKUTENGERA ZINTHU KUMTUDZU, Am 100 percent jane sah received money from DPP. why behaving in such away.. uku nde kuyiputa ndewu plus kuphana munvetsa DPP. NGATI SIPAKHALA MA ELECTIONS ENA TIWONETSANA.You rigged elections
corruption untold nobody arrested.
regionalism. alhomwe wokha wokha .. ok munvetsa
Sorry for your cry
The 11/2 hour hearing will last just as much as MEC chair had said: You cannot appeal an election judgement: Quoting her own words. If she said the truth in that video clip, then she is now fooling the nation. If she lied, very likely she is lying again. As a minister of the Gospel herself, the nation expects much more from her. James 3 vs 1.
She MENTIONS the WORD of GOD in VAIN. She’s Jezebel, she lies even to her own self. I used to be skeptical about the existence of satanism but but this Jezebel should be one of the devil’s WORSHIPPERS
The ConCourt judgement is flawed and it is an over-reach. The judges were asked to annul the elections and yet they strayed to opine on 50+1. How can the judges tell parliament to see through 50+1 when the Supreme Court already ruled on that.
Phepani I know Tribalistic Politicians are So Scared of 50 + 1 ….But it’s the Only Way to go ….Otherwise the way things are the alternative is Federation….
I agree with you Mangaliso, the so called hrdc is being used as patsy to intimidate the judiciary, no wonder the verdict even overstepped its boundaries.
The 1999 supreme court ruling, clearly interpreted the meaning of majority, it is to the contrary of what these judges ruled.
I feel the verdict was more based on external pressure than the evidence brought fourth
To your understanding, what does majority mean?
Jane needs to be careful with what she wishes for. Supreme Court of Appeal may change the ruling to worse by sentencing her to prison with hard labour for illegally announcing tippexed results. One can never tippex results at all cost. She needs to trade carefully here.
Hrdc slowly showing its true colour. Everyone should see a link between the court case, anti-ansah demos and the opposition. Putting the judiciary under juress, if one dares appeal, then more duress to the appeal process. Ine boma la kongilesi ndayamba kuliopa, they hated democracy now they have found its achilles heel called demonstrations….
Last week the biggest casualty was Chimulirenji but next week he may end up being the biggest winner.
Mwabaya akulu penipeni! I have no more to write!
Why only HRDC here? How about MEC is it not showing side of the Demon Progressive Party? Useless headless Chicken.
r u staying in this country? u should actually be thanking those 5 judges. if they ruled otherwise this country was going to b burnt…if u r a true malawian who really love this country then you should know that the only way to peace is thru fresh fair and free elections……try to go kumamidzi and see your fellow malawians suffering…unfortunately even the car(banana) u r driving cant reach those areas thus the malawi u call home,the citizens will rise up with or without HRDC,,,,It has happened in Sudan,Zimbabwe,Singapore,Ukraine etc its just a question of time unfortunately for dpp that time is here