AG apologizes in court for Ansah’s statement calling parliamentary inquiry ‘sham’

Attorney General Kalekeni Kaphale has apologized unreservedly in Court on behalf of Malawi Electoral Commission (MEC) chairperson Jane Ansah who in a sworn statement called  a Constitutional Court sanctioned parliamentary Public Appointments Committee (PAC) hearing on the competency of the Malawi Electoral Commission (MEC) as a sham inquiry.

Attorney General Kaphale apologises

Kaphale, who never drafter the sworn statement,  made the frantic apology during the Constitutional Court election case ruling stay order application in Lilongwe on Wednesday.

The five-member Constitutional Court judge panel confronted the Attorney General over the MEC chairwoman’s  sworn  statement  for describing the parliamentary hearing as sham inquiry .

In the court, Kaphale asked that the use the principle of Section 63 which gives MPs benefit of stay when they appeal against their removal from Parliament when they have appealed.

He said if MPs are allowed to hold on to office while appealing, the fact that the current case involves the presidency makes it even more compelling for the court to grant the stay.

Kaphale further said the court should consider more the risks of injustice to any of the parties if a stay is not provided.

Justice Redson Kapindu however intervened on Kaphale’s point, asking the AG whether there is a difference in the principle of Section 63 & the decision of the Constitution Court.

Justice Dingiswayo Madise said, “he who seeks equity must come with clean hands. Has the judgement of 3rd February 2020 been complied with in full?”

The Constitutional Court in its landmark and historic ruling on the election case, annulled the May 21, 2019 presidential election, reverting the country to the 2014 election which put President Peter Mutharika and Saulos Chilima to the presidency and vice presidency respectively.

The court also ordered parliament to hold parliamentary hearing on the competency of the MEC after the court discovered that the election was marred with irregularities and anomalies which had been so widespread, systematic and grave that the integrity of the results had been seriously compromised.

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tung'ande
tung'ande
9 months ago

I put the ruling forward to legal scholar at the University Of London and their comment was interesting. Were these judges asleep when the made this ruling. This is bizzale ruling which can only be made if the judge had been sleeping.

KENT
KENT
9 months ago
Reply to  tung'ande

Let your scholars come and give us a fresh judgement………….. slave drivers!

Llhomalo
Llhomalo
9 months ago

The real problem is that Kaphale sees the Judges as very small boys as he put it to many people. What he forgets is that one day he will leave his upper position as AG and he will need the same people like the Judges. Why not respect them if that is the case.

Mr Fact Kaviphwisi
Mr Fact Kaviphwisi
9 months ago

Sham Inquiry? Hahaha, Don’t be surprised caz in the end you will loose everything including flesh elections

Kapoli
Kapoli
9 months ago

What are flesh elections? Or perhaps you meant flesh erections?🤣

masoambeta
masoambeta
9 months ago
Reply to  Kapoli

Kapoli did you mean fresh elections??? Pumbwa iwe!

Wake Up Malawi For Sure
Wake Up Malawi For Sure
9 months ago

Kaphale, Kamsambara and Cassim Chilupha in particular are a huge embarrassment not only to the legal profession in Malawi but the entire country. The arrogance of these 3 bullies is unsurpassed. The Law Society unfortunately has not effectively disciplined the legal professionals as vigorously as it should. There 3 in particular have harmed democratic institutions in Malawi. How it is that Kasambara is out on bail is a travesty of justice and law and orde.

Kapoli
Kapoli
9 months ago

You forgot another mafia lawyer: Lusungu Gondwe. 😎

Betha wa Betha
Betha wa Betha
9 months ago

I don’t think that issue should end with a mere apology from one attorney general. The word ‘sham’ is in a sworn statement, well thought out by learned judge, typed and printed in a legal document. It is not deleted and it still stands and it be there forever. It will be said in our history books even in 2090 and beyond that one judge and chairperson of MEC called a parliamentary inquiry’ a sham inquiry’. People must learn to be accountable and this matter must come to its due conclusion.

Chikoti
Chikoti
9 months ago

Someone is laughing at us.

Tizowele
Tizowele
9 months ago

Kaphale just wanted an excuse to be removed from the case. So he can rest.

Apumbwa
Apumbwa
9 months ago

The only reason the retarded AG withdrew the demeaning remarks towards the respectable Judges was because they confronted him. For any wise Lawyer the statement of apology should have been issued yesterday!!!! or at least should have the first sentence in his opening remarks. …… these fools keep messing up!!!! you never want to irk the Judges under any circumstance!

Digging Deeper & Deeper
Digging Deeper & Deeper
9 months ago
Reply to  Apumbwa

Totally agree with you. The AG is as corrupt as Grandpa APM and the rest of the corrupt looters.

Kapoli
Kapoli
9 months ago
Reply to  Apumbwa

Couldn’t agree with you more. In the US, judges command more respect ( and are feared even more ) than the President . Judges have the whip hand, man!!!✊

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