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

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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ignatius
9 months ago

Mfiti

Rich
Rich
9 months ago

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

Dr Ben Phiri, University of Nthenanchena
Dr Ben Phiri, University of Nthenanchena
9 months ago

Jane is in quandary

G Zali
G Zali
9 months ago

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

Mtete
Mtete
9 months ago

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?

Jerusalem Bible College
Jerusalem Bible College
9 months ago

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.

Mj2
Mj2
9 months ago

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

John Gray Gufa
John Gray Gufa
9 months ago

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

Mtete
Mtete
9 months ago
Reply to  John Gray Gufa

Zotukwanazi ndiye ayi

PP litete
PP litete
9 months ago

Ansah is going no where up to October wooooo!

Kekr
9 months ago

Uyu uyu Chilima akutionongera dziko. Ofunika kuthana naye…

Kambewa Chisale
9 months ago
Reply to  Kekr

Foseki
It is Ansah who must go ops paja Mbuyanu and Ansah ndi 555

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