MEC grounds of appeal were embarrassing, distasteful- Malawi Supreme Court

May 8, 2020 Wongani Chiuta - Nyasa Times 89 Comments

The seven-judge panel of the Malawi Supreme Court of Appeal has condemned  some of the grounds of appeal which Malawi Electoral Commission (MEC) filed in the appeal on the disputed May 2019 presidential elections were embarrassing, convoluted, fictitious and distasteful.

MEC Lawyer Tamando Chokhotho being scrutinised at the Court-pic by Lisa Kadango
DPP Secretary general Gresdar Jeffry captured with Lawyer Charles Mhango at the Court-pic by Lisa Kadango
Court on a five minute break on the judgement

President Peter Mutharika and MEC  appealed the judgement of the five-judge panel of the High Court of Malawi sitting as the Constitutional Court which nullified last year’s elections and ordered a fresh poll.

Reading the first part of the judgement,  Chief Justice Andrew Nyirenda said some of the grounds of appeal in the matter were “extremely comfrotational”  and “unwarranted”.

The Supreme Court of Appeal states that  Mutharika also accuses the court of bias on some grounds and the court cautions against unwarranted allegations against courts.

The Chief Justice said the grounds were “fictitious.”

“We have struggled to make sense [out of them,” he said.

The court also said that some of the grounds by  Mutharika—a lawyer with expertise in international economic law, international law and comparative constitutional law— should have been made by MEC.

The Chief Justice further said  some of the grounds by MEC do not stand its test but the court has found it imperative to hear the substantial issues without dismissing the case on technicalities.

The panel of judges in the case comprises Chief Justice Andrew Nyirenda, Justice Rezine Mzikamanda, Justice Edward Twea, Justice Anaclet Chipeta, Justice Lovemore Chikopa, Justice Frank Edgar Kapanda and Justice Anthony Kamanga.

Nyirenda said the Malawi Supreme Court panel has reached a “unanimous decision.”

At the time of going online with this report, the court was still delivering the judgement.

In their judgement, the ConCourt judges comprising Healey Potani, Dingiswayo Madise, Ivy Kamanga, Redson Kapindu and Mike Tembo unanimously ruled that Mutharika was not duly elected because there were irregularities and he did not attain the majority vote.

The ConCourt subsequently ordered a fresh election within 150 days of its judgement and directed Parliament to make some legislative provisions that would support the 50+1 constitutional provision.

If  the Supreme Court upholds the judgement, the fresh election will proceed and if it overturns it, there will be no election.

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89 replies on “MEC grounds of appeal were embarrassing, distasteful- Malawi Supreme Court”

  1. ife kumaenda titapanila micila ngati agalu oopa agalu ozaenda pakhomo pathu pomwe kaamba ndi akuluakulu misiinkuhu abale inu!!!!
    pitala anandobwera from amereka after 1 year kukhala plesdent
    jeni amakhalisa ku UK ndi madwale ake aja a ku Ghanawa claiming ndi azibusa mpaka kugula nyumba kupanga church kumawaberaso anthu. ndiyotentha genitu ya ubusa kumaiko aazathuwa.

    abale anthuwatu atichaya kha titi atikola ndale.

    pls Jeni go out of this galeta with your followers

  2. 6 kwa zero.
    kuphwanyodwa
    kusasanthidwa
    kuumbudzidwa
    kukalasulidwa
    kupumphudidwa
    kusosoledwa
    basi kutaidwa kiti tione mmene aphululukile.
    milandu ya DPP ndi MEC izawinidwa Pitala Akazamera mano.
    olo kugamulidwa lu bwalo la njovu osati supreme.

    zoona a malawi kumakanika kumeza mdi madzi omwe popeza PITALA NDI JENI afungatila mazila !!!!!
    conde kumapanga zinthu ngati kuli mawa..

    MWAMBI WA LELO- PAKA.MWA MPABOMA
    onyooooooooooooooooooook

    ULEMU WANU SUPREME

  4. Congratulations atumbuka for taking advantage of courts to steal victory from real victors. But we are following your actions very very closely and let’s see where this will end to. Bravo Mzuzu corner for showing us how miscarried justice looks like.

  5. The judges were very emotional, the words used in their judgment are very bad. I am sure if there was an issue between them and Jane Ansah or Peter, they should have still used better words. This was just an appeal case. Words like embarrassing, distasteful etc. Do not forget that Jane Ansah is your fellow judge of the same supreme court.

    2. Haiwe Malawi wavutika coz of Jane Ansah MEC and Peter Mutharika together. Mitengeli ndalama song

  6. Mmesa ndima judge achitumbu omwewo mmafuna kwapanga bribe ndi 100million,si wakumpoto koma ndimapeleka ulemu kwa anthu akumpoto,amayima pachilungamo

    1. chilungamo chake chiti ngati ndi akumpoto take it from me iwo they dont want apm already thats why their ruling is biased ifetu tikuti tikamuyikanso pampando APM whether mufuna simufuna dont ndi mcp or utm yokha yomwe ku ballot ifenso wathu tiri naye nga nga nga we are more than ready moti tikungowona 2 july kuchedwa kwabasi tikukhazikeni pansi anthu ankhanzanu ndi kaduka

  7. I suggest this is how we should do it this time around. I mean this extra time of the elections. We vote between 6am and 6pm. We regroup soon after voting while keeping a distance to allow for vote counting. After counting the presiding officer announces the results. MEC officers display the same on a board or flip chart. We get the assurance that what has been announced is the same transferred on the result sheet and duly signed by the parties. We celebrate if our candidate has won on that particular polling centre. What do you think colleagues? This is what happened in 1994 if my memory serves me right.

  8. I said it before that appealing was suicidal. If APM and MEC were wise they should have stopped the appeal when the court rejected the stay order. APM and MEC should have known that they were dealing with conspirators both the court and the petetioners. It is a known fact that there is a great conspiracy to get even with APM.

  9. When you have cadets representing you, this is what you get. You should have engaged lawyers. Cadet Kaphale, Mhango, Tembenu and co have never been good lawyers. They do not have moral grounds to defend anyone but the state. Kaphale is just but a disgrace!! Kuba basi.

    1. tikukhwulitsani tikuti muli anatu inu pandale tifuna tikuphunzitseni if tembo who stayed in mcp for 50 years but failed to make ndiye inu a lazaro, skc hehede maloto a chumba ndithu

  10. Surely everyone can now see the writting is on the wall. Time is up for this DPP joke. Days are numbered for the Cadets. Resistance is futile. You have taken for granted malawians for a long time. You have treated a whole nation like fools. Obviously some have fallen for the devlish charm but clever ones have seen through it. They have allowed you time to change. Time to prove yourself. Time to deliver on your promises.You have laughed in their face. Treated them like idiots.Now even those within your circle can sense the time is over. Like Judas they will start plotting the best way to betray you. Dont be fooled the killer blow will come from those within. They will start chipping through slowly. until a carcass is left for the vutures to mop up. Sooner you will be forgotten like those that have become before you. The leadership 80yrs old now. Thats 8 decades of living. Why do you put yourself though this? Leave with some dignity. Please close the door behind you once your have gone. we need a new start. Enough of this DPP and Peter’n’ Mulhakho circus. Devoid of ideas. Devoid of kindness. Greedy. selfish. Opportunistic. Violent and tribalistic ideology. adios

  11. Jane Ansah has a PhD in law. APM is a professor of law and yet they submitted an appeal whose grounds were “embarrassing, convoluted, fictitious, and distasteful “.

    Madam Ansah, that’s a very strong condemnation from your colleagues on the bench. If you don’t resign within the next 48 hours then I think you’ve got some serious mental issues.

    1. You are very correct Wachiona Ndani. Jane Ansah should not be ashamed to resign. This is how the world has decided. Still the truth remains between you Jane Ansah and God.

  12. A Bandawe, whether you like it or not, judgement has been passed. And the good news is – it is final! He who laughs last laughs longest, so here goes kkkkkkkkkkk kkk kkkkkkkkk kkkkkkkk kkkkkkkkkkkkkkkkkkkk kkkk kkkkk kk k k kkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkk kkkkkkkk kkkkkkkkkkk kkkkkkkkkkkkkkkkkkkkkk!

    1. This is not the final laugh I suppose. There is the final final final laugh after the election and by who? Well, only God has a secret.

  13. Atumbuka mudzingoperekeza anzanu inu bssi kumangokhalira ma alliance. Kumangokugwiritsani ntchito. Nanga panel ya ma judge mpaka atumbuka four mmmmmm

    2. Atumbuka mesa ndi ma judge ndiye apanganso alliance ndi ndani ma judge abale? Zayang’ana kunkhongo basi kamanlirani kachetechete kkkkkkk

    3. Ku Supreme court kulibe quota system mu Lhomwe iwe!! Before 2004 kunalibe Mulhako …do you know that? On July 2 Malawi will reset the button to pre 2004 status where all Malawians will once again be equal! Lhomwes will go back to Nandolo farming!!

  14. The judges are again trying to help the opposition. We will see where this will all end.

    1. ma jaji akugwila ncito. kaphale amapanga ngati mmene ayendera octopus.
      basi apa zatelotu

  15. How can the grounds be fictional. These judges will plunge this country into conflict.

    2. Bring the conflict my friend! We are waiting patiently for that….useless Cadet!!

    1. I hope you listened carefully. The judges explained clearly how the 50%+1 issue came into being. Among others, this was an election case and the case was constitutional in nature. In addition, the issue was brought to the attention of both the petitioners and respondents way back during their case management meetings, only that both sides paid little attention during the hearing. However, the supreme court judges said the term ‘majority’ vote was used so many times during hearing at the lower court. And also, petitioner for the MCP asked the court to nullify the election because the so-called winner did not win with majority votes. Then they clarified to say there was no way the issues in question would have been settled without touching Section 80(2) of the Constitution of Malawi. When following a judgement, be sober in order to understand what is being said. Again, do not just get what the petitioners or respondents say, because they try to find something to say so that by chance the judges might be ‘blind’ and side them. Unfortunately, these judges, and those of the lower court, paid more attention to the dictates of the Laws of Malawi. Pepani. The issue was part of the case in both courts.

  21. Really are these supreme court judges? Very pathetic some magistrates may be much better in the choice and usage of terms..They are acting as activists..TUMbuka mentality..

    1. Hehehehehe! You want them to think like Cadets? Or have Lhomwe mentality?? Muona nyekhwe!!! Eish….ife tili phe pa stand!!

  23. Let’s avoid tribalist comments for doing so is unconstitutional and gross abuse of section 20 of the Constitution of the Republic of Malawi.

    1. Wasiya liti iweyo? Munali Pano kutukwana anthu, ndiye lero mwati chani? Kikkkkkkk! Kusintha kukamabwela, simungakuletse wawa! Tiyenazoni. Timangokuonani,tati aaaaaaa God is in Control. Don’t forget, they wanted just to throw this Appeal but they had to take their time to make sure kuti mwina the President as the law professor can think twice, ahahaaa mmavuto, umbuli thoooo!

  24. MA LAWYER MMATI NDINU OPHUNZIRA, KOMA TAONANI MUKUPANGABE ZAUCHITSAMUNDA POMAVALA WIG. WIG IMATANTHAUZA MZUNGU WOKALAMBA ATI KUTI NDIWANZERU – UMBULI TASIYANI PLEASE!!!!

  25. Kodi, mphaka mlandu ungankomele ngati aweludzidwa ku bwalo la agalu? Billy kaunda once asked

    1. Bring real issue man, unava kuti zoti mphaka ndi galu zingakhale pansi kuweluzana? I wish you could say, unava kuti zoti chisalungamo chingogonjetse Chilungamo? Bwanji pamenepo? Patukani apa Chilungamo chidutseko fewtseki!

  26. Why did Kamuzu Banda through Malawi Congress Party chased all theTumbuka’s back to the north. Kumpoto mukamati kwacha kwacha you don’t know what your parents ,relatives and grandparents faced . May be yo you were not born then.Lero wakumpoto kuchita support mcp???? Shame on you

    1. MCP is better than the Lhomwe DPP government! Mwanyanya kuziundikila maudindo ndi ma contracts anguru inu! Ma Judge akuonetsani nyekhwe! Tione mulowela kuti? The country is slowly being reset to before 2004 status…where there was NO DPP and no Mulhako…the two things that have spoiled the Unity of Malawians!!

    3. Shame on you. You have said Kamuzu chased the Tumbuka, now where is Kamuzu in this context? People want Chakwera not the dead Kamuzu. If you are looking the likes of Kamuzu then you would better join Dausi. I hope you now understand better.

  27. Those are not Tumbuka judges,they don’t judge Tumbuka people,they are supreme court judges of Malawi, they just follow the constitution of the land.Vuto lanu ndichiani,kumangolimbana ndi atumbuka . Malawians are one, DPP leaders they want to divide the country,You have tried several times,but koma lachi 40 lakwana,simunati,muvam’bebe.Dpp you like to bribe people not this time around.This is our country not only for DPP diehards.Malawians Shall govern the country.Your time is up, start packing your things and get out of state house.We don’t want dictators in Malawi.To the future leaders of Malawi,the country is not yours and your families and mtundu wanu.The country belong to all Malawians.Merit system is coming soon.If in standard one there is merit system, then merit system should be everywhere in Malawi.Zoti awa ndi alomwe, atumbuka,asena, ayawo, amang’anja,achewa,atonga, angoni,anyachusa,angonde,ndimitundu yonse ya anthu akuchitipa zithe.Malawi is made of these people.

    1. Well spoken my Comrade! Akanawina akanati APM ndi dolo…akuona sizikuyenda ayambako atumbuka izi atumbuka izo! Anthu amenewatu anafika pokuti nandolo wawo Pamela bwino..umva atumbuka andiloza! Eish mtundu uwu…!!

  28. This is judicial activism, abortion of justice based on predetermined court outcomes. If then the 2019 elections were a sham, why not rule that there be a rerun of the whole tripartite elections. If the Presidential election system was faulty, how then can we trust that MPs and councilors were elected fairly? Let there be a whole rerun of everytging so that we balance the scales of justice. Our courts are hellbent on their regime change agenda.

      1. DPP when will start seeing that your time is up and circumstances are pointing on the wall.

    5. The matter before the esteemed court is on the presidential election results not the entire tripartite elections.

    6. anapita kukadandaula ku khoti anali ma presidential aspirant osati ma MP or ma councilors….mwangosowa chonena apa koma kufunika kwa president ndi zigawo za zitsankho za mp ndi councilors si kofanana and would be surprised kumva kumva MEC imachita za chinyengo ku zotsatira za zitsankho zochepera mphamvuzo.

  29. Palibenso za Atumbuka apa,
    Zakuvutani basi,anthu osakonda dziko lanu inu
    Mmene mukubera ndalama isamva chisoni ayi,muzipatala mulibe makhwala inu nkumati zinthu zikuyenda bwino? Repent and seek his face,for judgment is coming
    With all the evidence what else can you expect?
    Kuzolowera corruption,awa anakana nkona mukuwanyoza

    1. Inu inu kudalila Kuti adzikwera ndenge amutharika ndi amuluzi waku garden city pa joloza akumudzi kusowa ndi k100 Kuti agule panadol kuchipatala kulibe nankhala

  30. Most times I wonder what wrong did the tumbukas do to deserve ridicule from the other races, I am yao by tribe and very proud of being such but over the years have admired the tumbukas will to fight for the better in life, I have seen them drop out of school but only temporarily, when given an opportunity for advancement they grab it. There are a lot of students in colleges but very few non tumbukas choose law as a career of their choice, they go for easier subjects in as far as research is concerned. Encourage you wards to take the challenge of becoming lawyers and upgrade to become judges. For once please keep quiet and take the challenge leave the tumbukas alone or if you are failing to beat them join them.

  32. It’s not about Tumbuka. It’s about God and his children versus evil. Imagine the family so innocent being petrol bombed . Malawians blind support is killing us making us more foolish.

  33. according to Chikosa Silungwe
    “Ndowe ndi ndowe basi”
    whether the judge is a Tumbuka, Lhomwe, Mkhonde, Ngoni or Chewa.

    Ndowe ndi ndowe

  34. ANOTHER VICTORY FOR MALAWIANS IS COMING ABOUT UPHOLDING THE MALAWI CONSTITUTION.

    2. Good for Malawians ….Iwe kakolope lake Malawi

      Muziyimbaso ku blue camp kwanuko kuti AWONA NYEKHWEEE 🤣🤣🤣🤣🤣🤣

    3. Tribalistic thinking, please use your head not your ass to think. This is not about tumbukas, but mother Malawi…some people have small brains, but yours is smaller than the abnormally small ones…shame on you

    5. Wakhaula cadet KKK

      This has nothing to do with atumbuka!

      Mumuuze APM wanuyo akapange appeal kwa Paramount Chief Ngologoliwa court

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