Ansah must go, Chilima returns to court for firing of Malawi Electoral Commission

May 19, 2020 Wongani Chiuta - Nyasa Times 103 Comments

Vice-President Saulos Chilima has returned to court Tuesday  to  press President Peter Mutharika to sack Malawi Electoral Commission (MEC) chairperson,  Jane Ansah and her fellow commissioners after Parliament, the Constitutional Court and Supreme Court of Appeal found them incompetent and their positions untenable.

Chilima: No multiple choice, Ansah mjust go

Some Malawians held protests demanding the resignation of Ansah

Chilima has been accusing the head of the electoral body of misconduct and is backed by electoral stakeholders that Ansah should not preside over the fresh presidential elections.

The former corporate executive -turned-politician first asked Ansah that, having dismally failed to lead the commission and having returned the most fraudulent elections in the history of this nation, she should just resign ‘so that a capable person can lead the commission.’

But Ansah, a judge of the Malawi Supreme Court of Appeal, has defiantly refused to step down.

Other commissioners,  the Reverent Clifford Baloyi,  the Reverend Killion Mgawi, Elvey Mtafu, Moffat Banda, Yahaya M’madi, Linda Kunje and Jean Mathanga. Have also refused to resign for their role in presiding over a flawed electoral process.

However,  Commissioner Mary Nkosi has proceeded to leave pending expiry of her tenure next month.

Chilima took the matter to court in February but Judge Ruth Chinangwa  had put the case on hold until the Supreme Court of Appeal judgement.

This month  Malawi Supreme Court of Appeal  upheld  the ruling of the  High Court sitting as the Constitutional Court which found Ansah and MEC  incompetent.

Chilima’s legal team led by Dr Chikosa Silungwe assisted by Bright Theu have confirmed they are reactivating the case in the High Court for Ansah’s ouster.

Civil society grouping, Human Rights Defenders Coalition (HRDC)  where first to call for resignation of Ansah  and have since indicated that they will join the  case, according to their lawyer  Wesley Mwafulirwa.

On April 1 2020 MEC chief elections officer Sam Alfandika told Parliament’s Legal Affairs Committee that the commission wrote President Peter Mutharika to consider hiring new commissioners as the current ones’ tenure is expiring on June 5.

Legal scholars have since asked Mutharika to enhance the credibility of the forthcoming  fresh  presidential election by replacing the  rotten commissioners.

A  professor of law at Chancellor College, a constituent college of the University of Malawi, Garton Kamchedzera said it is in the best interest of Malawians for the President to appoint a new commission.

He said Ansah and her commissioner will “ prejudice elections”  if they continue staying in office.

Section 75 (4) of the Constitution states that a member of the Electoral Commission may be removed from office by the President on the recommendation of the Public Appointments Committee on the grounds of incapacity or incompetence in the performance of the duties of that office.

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103 replies on “Ansah must go, Chilima returns to court for firing of Malawi Electoral Commission”

  2. Poor Malawians…. first thing, the mandate was given only to the president himself to fire and appoint commissioners,not even courts can object that.
    Let me educate you in chichewa
    Zisankho zichitike ndi zapa 19 May 2019 zomwe zikutathauza kuti ngakhale ma commissioner contract yawo itatha pa 15 june, azakayang’anirabe zisankho chifukwa zili mu term yawo
    President yemwe Ali ndi mphavu zochotsa ndikulemba ma commissioner sanaapeze olakwa hence report ya a PAC inali yotseketsa kwa iye..pamenepo ndipamene mungaziwe kuti tili ndi mphavu ziwiri zosiyana mu constitutional yathu……
    Lamulo lalikulu liwoneka,koma president Ali ndi mphavu

  4. Why didn’t Supreme court recommend that these useless commissioners shouldn’t continue working? Same circle maybe? Coz honestly ansa’s fate was on that day. I waited whole day for only that announcement but the moment I saw it not coming I knew Malawians were denied justice again

  5. Question is: will this Dr of Law, Supreme Court of Appeal Judge, Leader of some obscure Church respect the court ruling bearing in mind she has renaged on two occasions?

  6. How can the President fire the Commissioners now that the President himself is incapacitated? Mukumawaona madalawa kuchititsa campaign. I guess he is changing to Daniel Phiri soon.

  7. Amalawi bwanji timakonda kuimbila mmanja bava kodi mwaiwala ?kapena timamva mosiyana Amayi anati ndidzatula pasi udindo adzamalamulo akandipedza olakwa tsono akuyembekedza chani DR Chilima akuwakubutsa mwina aiwala

  8. Zeze ndi anzako wonse kodi ndiye kuti Mai Assah ………. Zitsilu nonse. Ma…….che……anu

  11. The corrupt judges are waiting for Pumbwa Chilima. What a pathetic state for someone who loudly told people he would be in state house by now.

  14. Musiyeni wamisala Cilima. Ali ndi matenda omangophwisa uyu.Nthawi zonse kukhoti,anthu akufuna mfundo zenizeni. I wish Chakwera could have known long time not to pick this savage.Mia was the best candidate.Mcp you will loose heavenly. Mark my words because of this fool. Atupele is running a base issue campaign not zotukwanazi. zanu izo

  15. ukupita cadet ukuona ngati zikutisangalasa uonaso cadet once Jane gone uonaso wekha kape kadeti wa fake wasankho

  16. Why is MCP not part of the case? MCP lawyers know better because they freely withdrew during the scheduling conference the ground to compel the court to rule that in the event the elections are annulled MEC commissioners be fired.
    This is abuse of court process and should not be entertained. Mwaona kuti the court is on your side nde muzingopita nzilizonse? The court itself is not above the law and the legislature and executive dont interfere with it. So let the executive do its job without interference unless the court itself is an interested party. If the majority of voters are against Jane Ansa they will vent their anger by voting out her appointing authority in this case APM.

  17. Chilima! You think you are in cloud9 neh? You tried your best with your fucken lawyer sulungwe Sasamba and the few sham judges ruled by your side. Mind you, if I were Overton Chimulirenji, I would have dealt with you for costing my position. It’s painful really painful to Mr Chimulirenji. One day you will get what you have been looking for. Now you busy castigating ex-president Muluzi. Umatamba iwe etiii? Disgraceful idiot

  19. TONSE Alliance bribing judges again. Why can’t Chilima ask courts to nullify parliamentary and local government poll results as well which also had tippex used.

  20. The biggest problem we have in the country is the headless chicken president! APM miserably fails to make decisions in the best interest of Malawians. It is as simple as that.

    Kodi macadet munakamutenga kuti bubu ameneyu? I have seen that so many cadets have accepted adad wagwilitsa fuwa lamoto ndikudwala. Osataya nthawi macadet zitayeni za Atupele

    Jane Ansah amuchotsa a court because after trying everything she doesn’t want to go! Paja munthu waukulu akamakanilra pampando dziwani kuti waipitsirapo. She said it that amadikira appeal lero ndi iyoo appeal inampaka sabola mmaso kkk

    Can’t wait to see this set of commissioners removed by the court.

    Nde Leston Mulli akuti akupita ku North Korea to campaign for adad 🤣🤣🤣🤣🤣🤣Kona phada wake macadet mwatiyenjeza mwamva

    Atulutseni adad akapange Chala mmwamba Kaya kkkk

  21. Ndiye commissioner Wina wachita kuyankha mtolankhani chiluwawe Kuti sachoka or going anywhere mpaka expiry date ya contract yawo yithe mu August. Meaning Malawians whether they like it or not them MEC DPP UDF alliance ayendetsa sisankho Zimenezi . Ine shaaaah Koma ambuye palibenso njila Ina yoti misomali imeneyo ichokepo apa??????

  22. The Commission was NEVER suppose to over see two separate Elections because of the incompetent actions of MEC employees and the Court Challenge of the Presidential Election Supreme Court and Constituional Court Ordered a Re-Run of the Presidential Election that was before them.
    The President should have immediately accepted the RULE of LAW and changed the MEC Commission as the Commission was NOT MENT to ever oversee TWO Elections,

    SHAME ON THE PRESIDENT

      1. Jojo,
        Another dunderhead who cant understand the basics of law that u need to complain to court first, those MPs who were messed up their elections went to the Court, infact the reason why VUWA KAUNDA is stillan MP is because the High Court upheld the results of his area, but the reason why Mangochi East constuency was nullifed and a new BYE-elections to be held is because the Court found that there was massive irregularities,thats how it works, please understand the basics as Cadet, than just making noise when you can avoid shaming yourself in public

      2. Court NEVER was asked to annul Parlimentary or Local Government Elections.
        Point is the Supreme and Constitutional Court annulled the PRESIDENTIAL Election.
        MEC Commissioners were hired to oversee one five year tri-party Election not more.
        New Commissioners will oversee 2024 elections.
        The President is now behaving BADLY by not recognising the authority of the Courts whom he has based his adult career as a lawyer to respect.
        TIME FOR A CHANGE nothing lasts forever even if we wish it

  23. KKKKK I have seen that all cadets are angry to note that ant Jane Ansah crusade has resurfaced. Jane Ansah is the only hope for cadets as far as the forthcoming elections are concerned. They know pretty well that they don’t have enough numbers the win the elections but they their hope is in Jane Ansah and her stubborn commissioners. So to hear that some people are pushing for her ouster, they are feeling pain. But let me tell you (cadets), whether you like it or not Jane Ansah will not be allowed to conduct the forth coning elections. We don’t want her at all. All her fellow commissioners must go. We won’t miss them at all. Why are they stubborn as if electoral commission is their estate? We are looking for neutral referees in these election processes not these partisan referees who have made an alliance with DPP/UDF team to frustrate the will of the people.

  24. You are all missing the point.As long as the court is failing and dodging to nullfy the whole ellection the learned President/MEC cannot resign.A Mtambo ndi anzanu paja inu anzeru kuposa onse.Talankhulani za nullfication.

  25. Did the court appoint Ansah?? Did it play any part in recruiting her? Do the stupid nepotistic Judges pay her??This court is being used in a coup against government. This is setting precedence, the appointment of judges from now on will be among political lines for the coming future. This is wrong

    1. Judicially my Brother imapanga in-force malamulo ndeno zomwe akupangazo sakulakwisa iwowo alipo kuteteza malamulo ndeno body is above the law thus y Dr Chilima akufuna kuti chilungamo chiyende ngati madzi ndalama zomwe amalipilidwa a MEC czimachoka muthumba mwa DPP ayiii its the tax what malawians we are paying to the government ndeno just stay Quite adomoka amenewo

      1. What law has Jane Ansah broken? She is serving her term. None has fired her. This has nothing to do with justice. Just shutup Wayufi iwe

        1. Bauleni,
          you are too daft to understand what he is explaining here, Cadets will always think without brain, only stealing, she was declared incompetent by all courts in the country, that alone is enough to ban someone from being MEC chair

        2. A Bauleni mukufuna kutiwuza kuti olo mutaona kuti munthu ali pa mpando wapanga misala mumusiyabe chifukwa akupanga serve term yake? Hope simukuona zinthuzi mwachilomwe-lomwe.

          1. A Jemusi inuyo ngopepela Chifukwa mukungomuyang’anila crybaby yemwe wasandusa bwalo la milandu ngati living room. Muuzeni kuti kunjaku kuli milandu yofunika kuposa nsabwe zakezo. Joyce Banda Kasambara ndi anzake omwe onse anaba billions of kwacha omwenso ali ku Tonse Alliance ayankhe osati aziphiphilisa ndi Justice Jane Ansah kuti Achoke chonsecho he has the full team of Cashgate Mafias

      1. This is bigger than just Ansah. This kind of behaviour of using the courts to further one political parties agenda will be cemented in our politics. Next time expect who so ever is ruling when given the chance to appoint only judges royal to that party. The court has become too political

        1. The same courts have failed to annul parliamentary and local government elections when tippex was used there. Jane Ansah did her job well. But Chakwera and Chilima bribed judges because they lost

          1. mmmmmmm Kodi ma bodza amenewa amakunamizani ndani? Kodi mu ubongo wanu mamina anatchuluka bwanji that you can’t understand the whole judicial process? Mwayiwala kuti its the same that nullified Mangochi East Constituency parliamentary elections? Chifukwa MP anakadandaula within the stipulated time (check elections laws on this I don’t have to do research for you) and brought overwhelming evidence before the court. Court nullified the presidential election because okandandaula anapanga protest za presidential results. I think you know kuti ku Malawi kumakhala tripartite elections meaning that a court sangangodzuka ndikupanga nullify waokha opanda kudandaula. Please please anthu asamakunamizeni ku Lomwe belt. Akukubisirani chilungamo ndikumakuwuzani zabodza inu kumavera. A wise person ask before taking the next step. Ine ndikungolira abale anga inu alomwe kuti DPP yakutengerani kutonso and yadyerera pa umphamwi wanu koopsya that mwafika popembeza chipani ndikudana ndi mitundu ina. Akati chitukuko ndi mgwirizano inu mwayiwala coz of greedness that u want everything to be 4 u only.

        2. Everything in democracy automatically becomes politics, you are just forgot that even the MEC has become political group, that is why Malawi struggling to develop. That is why truth is going through pains when ever it want to rule this Country because everything is Politics. That is why people are ignoring the Coronavirus, because everything is Politics, that is why you’re denying the truth and believing in lies, because everything is Politics,that is why you have decided to comment against the rule of law, because everything is Politics, therefore if you and me we can stand and claim our lost glory of differentiating what is good for our beautiful Country, Politics have no space to rule over us but Democracy has because Democracy allows you to have freedom of expression. Freedom to your right, right to life,right to food,right to health,right to associate,right to have home and many more.@Makiyolobasi

        3. You have ruled the last 20 yrs why didnt you appoint your tribal cadets to become Judges? you even had 12 yrs running Quota system, why didnt you bring your own thugs at Judicual? after all you had done changes everywhere you had control, all PSs were changed, why didnt you do @ Judicial? the bottomline is you didnt even have people u could select from the pool of Cadets, go back to school, Law is not just farming, its a profession that needs integrity, u want an example? ask Jane Ansah how she failed bigtime at world stage as Judge and MEC chair when the country had given her a chance, such calibre of Judges are highly questionable in their conduct let alone in the way they she discharge her duties, kuchita kuyaluka at world stage

    3. Che bauleni, tell us how strong the Opposition can be that it can take over the Judiciary in the Country like the way you are telling this podium? You are not telling us about that, can you come clearly so that some may be following you and come to agree with you please? Because it has never happened in the entire Africa Continent. Do you really tell us that Opposition is more powerful than the Governing Party? According to your version, do you mean and or trying to make the President to feel that he is nothing in the Judicial system? By removing the log of your ignorant Mr bauleni, Justice exists but falsehood can be invented. This means you are inventing lies trying to defeat justice, but remember JUSTICE was here before your President, before Jane Ansah, before any powerful leadership in this Country and or in the entire World. You get my point? Stop underrating the Power of the President and the ruling Party,if they will catch you,they will kill you.

      1. Nepotistic court run by Tumbukas pushed for 50+1 when none asked them. They have always wanted Dpp out and have ganged up at the courts. Dpp
        Has never won a single case at the court everything is thrown out. You think we
        Don’t knoW what is happening

  26. Why you are still forcing Ansah to resign yet her contract is not finish?,If you can keep on paying her monthly payment up to date of her contract ends then she can maybe allow and on top of thats u’ll give her 1mn cash.

    1. Can’t you see the reason? Are you blind or deaf that you can’t see or hear the reason?

    2. They are 1 Dpps, 2 siding on one party or two now , 3 incompetent, 4 they blaked the laws of MEC in so many ways for example allowing the use of tippex in election and fake result sheets also they allowed to deliver the ballot box without any securities , tampering the figures, the other worst part they announced Peter a winner when other constituencies in the central region were underway. They can never be trusted sorry if there was other way to drive them out we could trust the forthcoming election.

    3. @Patrick, Jane Ansah was supposed to go a lone long time back, to my own reason not through Politics, I think Jane Ansah has costed Malawi. I think Malawi has lost a lot of Money that would help to develop this Country, I think Malawi has lost its history out side, You may not know how other Countries were admiring this Country, this Country was called,THE WARM HEART OF AFRICA! I remember the time when Action Aid was just coming to this Country,we were having White People from Europe who were sent to many Villages and stay there to learn our Culture and learn our language,after we are done with them, they used to give us many things and they were very happy,, Patrick this can not happen to day. People use to have oneness, this,can not happen. There was no, North,South,West and East, it was just Malawi, this, is not what it is to day, Rule of law has suffered a lot. So my point is Malawi has suffered a lot with your Jane Ansah. By the way if you look at her,do you see her normal? Is Malawi and or are we not loosing a role model woman whom our young sisters could follow? If she can go now, I tell you she can reserve some her own integrity.

  27. How much has the judge pockered this time? We know you agree with judges before going to courts.and you always know the judgement well before case is concluded…judiciary is rotten to the core..said matemba, ACB..sadly how many from the judiciary have been on ACB check list???

    1. Shaaaaa kodi zikuwawadi eti. Mpakane accusing kuti Judges are pocketing money just because they stated the truth. Inu monga simukuona kuti zinalakwika? Nanga ma elections mpakane tippex zoona. That is desperate man.

      1. The judges pocketed money because of they had not they would have annulled parliamentary and local government elections. They were bribed to only annul the presidential.

  28. Jane Ansah should learn that you can not continue with position of trust if trust is gone. As a judge I think she knows that. It goes with job like auditors, if there is conflict of interest you resign. E.g. judge Zione Ntaba could not president her uncle’s case. That’s good example.

  29. MEC is not incompetent. The same MEC conducted presidential, parliamentary and council elections. Now the council and parliamentary are not conducting a fresh elections. I would support MEC to go if all what happened in May 2019 is nullified, but if we see parliamentary and council as successful, then it is not incompetent to warrant MEC to go. All were important positions, nothing is inferior .

    1. It’s because they did not pocket from MPs and Councils. The MPs who may have been robbed did not bring their case before the courts. Those case were not before the courts as such the courts could not have considered that in their rulings.

      1. Lozani,
        Dont waste your time to explain this to a dunderhead Cadet who cant even distinguish what is right or wrong, Cadets your time is up as everything is being exposed, NRB, MEC presser today just proved that your time is indeed up!!!!

    2. Another cadet idiot honestly, Court deals with issues before its table, the scheme to rig was designed for Presidential elections and it was very clear, unfortunately when the Court gave MEC DPP to defend themselves in court, they failed to defend themselves and they showed pure mediocrity on everything in court, the whole country was following and no one can sink that low here to defend such mediocrity, MEC and team failed big-time honestly

    1. Courts don’t rule on case that are not before them. It was suspended and is being resurrected now. Don’t worry they will rule on that too.

      1. What about 50+1. Was it on Chakwera and Chilima’s petition? That’s what makes one know that our judges were bribed.

        1. Courts look at legitimacy of a president,it would be absurd for apresidnt whp got 10% of votes to think he can have mandate to govern 18 million people, the guy didnt have the mandate to rule a 18 million people, Courts fix future disputes, if u cant understand these basics then u didnt go to any formal school, but dont worry your time is up, Cadets will be fixed very soon!!!!

        2. Ayi…..koma majority rule is well defined in the principles of democracy. Mwina mukafunse atcheya Bakili kuti adahongeranji ma judge in 1999. Komanso ma Malawi wapano akufuna unification osati zoti kumwera kuli anthu ambiri koma ma udindo onse akupita kwa alomwe ife kumasawuka ku lower shire. Komanso alomwe amidzi nde umphawi kumawagagadanso. Pano president ofuna kulamula a malawi akomere tonse. Nde pepani agogo anuwa 50%+1 yawaonetsa nyekhwe

  32. I was watching a repeat broadcast of Atupele’s recent speache at a campaign rally at Ndiunde in Chiladzulo and was shocked with tribalistic tone in his message. Atupele’s emphasis was that people in central are chasing southerners. He even went as far as saying that a police sergeant killed at msundwe was killed because he was a southerner and a moslem . While I strongly condemn the killing of this police sergeant I think the people who killed him dint know that he was a moslem and his originality .
    Atupele’s speech clearly showed that DPP/ UDF playing a tribal card.

    3. Atupele is right. Chakwera and Chilima have been chasing people from the southern region. MCP and UTM have harassed people from the south since last year. This is in addition to breaking properties and damaging businesses. Nsundwe Boys created by Chakwera and supported by HRDC killed a police office and damaged police cars.

  33. On this matter of MEC team, I think even the entire World has come to realise how ignorant and or stupid the President is.
    Mr President was supposed to show and shame the Opposition and the HRDC that he is the chosen Man long time back, yes we all know that he is nothing without this current MEC, This is a shame to the SADC Region, EU, and to many Mission Observers. Now it’st known fact that Opposition Parties in many Countries have now see that, the Electoral Commission is the key players to their lost in Election.
    Continue expose the rotten individuals called leaders in Malawi, I believe Africa will change in the how they run their Elections. It has never been people’s choice but being imposed by Electoral Commissioners. Oh……….!

  34. The opposition thinks they lost because of mec, well they are wrong. They lost because people didn’t vote for them. And they will lose again because they are preoccupied with useless court battles. Remember boris Johnson lost all court cases and parliament votes on brexit but in the end he won beating Labour by far.

    1. Let’s follow the process n appoint new commissioners n we do the election. By the way the court said APM was not duly elected meaning that he did not win so for one to say opposition lost because of people don’t vote for them is being misled. Learn to accept the facts on the ground. Paja azanthu macadet Dil imawavuta

        1. You see now, no wonder they stoned this old man in his home town Blantyre kkkkkk in history of Malawi I never heard this the sitting president treated like that kwao komwe. He is a disgrace and can’t see Kuti people are denying him.

    5. Tippex failed them for sure Jane Ansah Na MEC has a dirty ✋ ✋ ✋✋✋✋✋✋✋ hands on the failure of the opposition 😂😂😂😂😂

  35. Unfortunately it is the prerogative of the state president to fire the commisioners and Not the courts…. Maybe for that our courts are so corrupt they can break the clear law. Fighting this in court is just wasting time. The president “may” fire….Not the court “may”…..so there are conditions attached to it.

    1. The president doesn’t even have the energy to campaign for the coming elections leaving a running mate to carry his picture everywhere, to put in someone’s comment ‘Like a memorial show’, so where is gonna get the energy to fire this MEC and hire other commissioners especially when he knows that that action will be to his detriment as far as the vote is concerned. I think he’s given up.

    2. 1-Courts have proved they are incompetent. 2- Recommendation to fire them has been made by PAC and sent to the president. What is APM waiting for???? All procedures followed and completed. Mind you the president on his own can’t fire but on recommendation by PAC. The president is INCOMPETENT as well by sitting PHWIIII!!!!! No action?????

      1. No need to fire MEC commissioners because the same courts did not annul the parliamentary and local government elections. Jane Ansah did a GOOD job.

  36. The HE himself is incompetent, its very difficult for an incompetent person to see the incompetency of others. We are doomed! Framers of our constitution gave too much undue powers to office of president. What were they thinking?

  37. Mary Nkosi is a principled lady with good back-ground professionally and academically. Imagine holding the position of deputy governor of Reserve Bank, Manager, National of Malawi. Nedbank etc si enawa opezera ma position cos of their nakedness {kumphetowa}. These others have nowhere to go hence clinging to position together with their diabolosi number 1. You can tell the difference.

    1. Mariana,
      She honestly failed to demonstrate that credibility during 2019 elections, if education doesnt improve our standing in our society, it is simply rotten, Mary Nkosi failed to demonstrate professionalism when Malawi needed her most,and she didnt need to have a consensus to raise an alarm, herself alone was enough to sense danger on the rotten system at MEC, we have wasted billions of Money for the last elections and we are holding fresh elections because of the people who lack technical clout and credibility on matters of national good, honestly she has bruised her personal credibility for life!!!! education has not helped us Malawians

    2. Nkosi is not principled at all
      She said it herself that she could not resign because she wanted to ensure she got her end of contract benefits. That’s clearly selfishness, coming from a so called bishop for that matter.

      1. When was marry nkosi’s date of expiration in mec if she really got the benefits and how much?

    3. For your own information Mary Nkosi hasn’t resigned. Also could you please take some time to look at the qualifications of the other commissioners incase you missed on that one

    4. Looks like you are not following what is happening around Mary Nkosi. She has not resigned per say rather on leave pending retirement which means is still a commissioner as we speak therefore is still part of the rotten and incompetent MEC.

    1. You wish Jane Ansah to step down.It’s up to president to fire her or not…Say something not about this.

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