Ansah tells court she has ‘lawful mandate’ to continue managing Malawi elections

March 31, 2020 Owen Khamula - Nyasa Times 77 Comments

Malawi Electoral Commission (MEC) chairperson Jane Ansah and the other commissioners have put their feet down, refusing to step down as recommended by the Public Appointments Committee of parliament.

Ansah: The authority to remove commissioners lies solely in the powers of the President

In a sworn statement filed to court, Ansah, a judge of the Malawi Supreme Court of Appeal, says she is aware that as a MEC commissioner, she can be removed from office.

“…the authority to remove commissioners lies solely in the powers of the President as accorded to him by the Constitution of the Republic.

“Unless I resign or be removed by the President, I have the lawful mandate to continue performing the functions  of the office of the commissioner of the Electoral Commission,” she says in affidavits seen by Nyasa Times.

This is in response to State vice-president Saulos Chilima’s filing in the courts to order her and the other commissioners removed from office following recommendations from the Constitutional Court and the Public Appointments Committee of parliament.

In the affidavits, Ansah says the commission is at the moment implementing the decision of the Constitutional Court to hold an election within 150 days from February 3, 2020 when the ruling was made.

“If this interim order is granted, it will disturb the implementation and it will put the commission in a situation which it will no longer be possible to comply with the court order,” says Ansah.

Ansah says she appeared before the Public Appointments Committee of parliament for an inquiry although she was never given enough time to prepare for the inquiry and she was not given a copy of the inquiry findings.

During her appearance before Parliament’s Public Appointments Committee (PAC) inquiry, Ansah said she sees no reason to tender her resignation because she believes she presided over a free, fair and credible election.

She said this is the reason MEC has appealed against the decision of the five-judge panel of the High Court of Malawi sitting as the Constitutional Court that nullified the election and ordered a fresh election within 150 days from February 3.

Other   commissioners are; Mary Nkosi, Elvey Mtafu, Moffat Banda, Yahaya M’madi, Linda Kunje, Jean Mathanga, the Reverent Clifford Baloyi and the Reverend Killion Mgawi.

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77 replies on “Ansah tells court she has ‘lawful mandate’ to continue managing Malawi elections”

  2. Another piece of shit come out from the mouth of the same bitch whom she thinks that she so wise than everyone in the country , fuck

  3. Even the British during colonial rule were saying the same thing that they have legal right to rule according to the law until Chilebwe pull off the head of one of them, they immediately realised that Nyasaland is not a place to mess around with.

    1. This rubbish Chilembwe did nothing He failed to fight for indepence mention people who played big role and not Chilembwe. Osamanamiza ana some of us we no know where we are coming from.

      1. What I am trying to say is that Chilebwe cut off the head and put it on a stick to teach all those that abuse Malawians a lesson.

      2. You can’t treat a disease without knowing the cause.You deal with the cause first.Go back to school and dig deep History

  4. This is rubbish lady on the land and she will die miserably. She should ask relatives of Hon Justice Mbendera he did not want to die but evil kills Jane Ansa is heading that end finish.

  5. Ayambe kuchita resign Mary Nkosi the betrayer.

    By the way do you know that all this thing about elections not being credible is a simple FABRICATION by the opposition? MCP and UTM are aware that they lost elections but they simply don’t want to accept due to manyazi and politics. For once, how would one expect UTM to have won elections when all they got were 4 MPs? Shame to you inu otsutsa!

    The good this is that God is keenly watching the conduct of UTMCP and shall punish their jealousy accordingly.

  7. It does not make sense for MEC team to step down. Legally they have the powers to run the elections.

  9. Jane Ansah is a big liability and risk to Malawi, people lost property and some even lost their lives because of her stupid, heartless, arrogance stance. We will now spend a lot of our time and limited resources into the forthcoming fresh presidential elections because of Jane Ansah poor and compromised professional judgement.

    If there is a way the Judicial Service Commission must wake up and make a simple recommendation to her appointing officer, president Peter Muthalika to remove her and be replaced by a competent Supreme Court Judge who can stand on his/her professional feet. Jane Ansah has proved beyond reasonable doubt that she is a Peter Muthalika die hard supporter so not fit to manage fresh elections in a partisan manner.

    This lady is professionally very insensitive, yet sitting on a very important position, her poor professional judgement has already costed Malawi, if not promptly addressed by Judicial Service Commission has the potential to bring war to this once peaceful country. Demonstrations against Jane Ansah showed that the majority of Malawians except the minority Lomwes are angry and mad at her, she is risking her life.

  10. Mfiti iyi kungofuna kuti tiziyitukana zithumwa kuphatikiza kutchula dzina la Mlengi Mulungu eeeeeeh Mavuto kwabasi amaziona ngati palibe chomwe chingamugwetse chifukwa mphamvu zonse zili mmanja mwake kkkkk mphamvu ya Umulungu ndi mphamvu ya satana kkkkkkkmbuzi yachizimayi tsiku lako lubwera azaziona unakula unatha kaya zako izo mfiti 😈😈😈😈😈😈iwe

  11. Why are we letting this b@T#%h mess up our country? It’s time to take real action. She needs to go…for good.

  12. Every big hand for Justice Jane Ansah. That’s my own Justice Jane amene akhale Chief Justice pompano. Chaka chake chino. Kudya Jane adani akuona. Ndiye nkhope za adani a Jane kuziona bambo ngati alike bokosi la maliro. Olira mukalira yomweyo. GOD BLESS MALAWI

  13. The court can not intervene the executive body’s matter. How the court order to remove the position in an executive body? It is not the court juridication.

  16. Ansah should remain firm. The corruor courts have not annulled parliamentary and local polls. We have illegal MPs sitting in parliament.

  17. Local and international observers reported that the polls were free and fair. Who is MCP and UTM to keep bleating about Jane Ansah? We support Jane Ansah.

  18. Jane Ansah, you are a STAR. The people accusing you have not faulted you for administering parliamentary and local polls. That tells me that the annulment of presidential poll results is an evil plan by Chakwera & MCP; Chilima and UTM. They bribed judges to only annul the presidential polls.

  19. What will it take for this lady to know that she is an obstruction to democracy? Are you serious? Sure? All you see is enriching yourself at the expense of poor Malawians. But please remember a God-fearing person you need to side with justice, the oppressed and the poor, voiceless! May God help you, madam!

  21. The tractor who should resign is Mary Nkosi..She wanted to betray her friends during that useless PAC hearing

  22. It is the president who is telling her what to say and do. During the ConCourt hearings she was saying that she would only resign if the court says so, now she has changed her statement.

    1. True. She is doing what she is being told. But my question is: Does she not have a backbone? Does she not feel ashamed to be just a parrot? She has lost her credibility by not honoring her words. Maybe she is waiting for the appeal case?

      I think that APM thinks if people succeed to remove Ansah, he will be next.

  23. You DPP supporters look at her picture above and her pictures before May 21, 2019. You can notice a big change. Before May 21 2019 she looked a live person alive but now she looks dead but alive. You are pressurizing this woman too much, if you are not careful she will just collapse. Live her alone please. She used to be happen woman and now you have taken away that happiness. You evil people you doing injustice to Jane Ansah. I am told you threat her with death if decides to resign.

  24. Bravo Jane proud of you! Show them that ndiwe mzimayi unayamwadi ink wosati mwamasanje yayi. Ana achepa they just these things yet dont have any muscle whatsoever

  25. Two things to remember when it comes to the relationship between APM and Jane Ansah. The two evils (sides)of the coin are the same. You may spin it but the outcome will remain the same.Jane Ansah and APm had the scenario played out what if? With a coin of the same sides they made sure they win no matter what. Jane was paid heavily to deliver and when they are caught they will spin their coin again and expect to win because the coin is the same on both sides. Jane Ansah by sticking in her position is to make sure that she swears in APm as the next president except this time she has the spinning of the coin mastered. You see the only way Jane can leave her position is by a bullet. She promised us to vacate the seat after the concourt renders its verdict. Well it did and guess what it found that the commissioners were incompetent and not fit to perform their duties. Who does Jane think she is fooling? This woman has a debt to pay. The billions she and Alufandika received must produce results hence the reason she said to Peter Please give me another chance to deliver. APM and Jane are spinning in front of us a coin with the same sides. Nothing will change no matter how many times we have elections. We will be back in concourt to protest another rigging of an election. Why on earth would any one expect the next elections to be credible and fair when the woman who cheated Malawians the first time says it was all good? If her reaction does not speak volumes only God knows what Jane Ansah is up to. Lets get rid of this corrupt woman by any means necessary. She does not deserve to be still alive neither are her children. Lets hit her where it hurts , that is the only language the corrupt rotten people like Jane understands.

  26. Jane Ansah surely on my own I salute you and God bless you…. I have never seen such a strong woman like you in this world you have good qualities of being a Leader well rooted, focused and of good courage and knowledge. The only woman who can not allow stupid people touch or move her, she can not give up because of demos, insults, unconstitution ruling by the concourt even the vague decision of the Public Appointment Committee could not stand. If given an oppotunity of running this country she can be the best female President because she can not allow any nonsense to happen to this country………… bravo Jane Ansah!!!!!!! Next time you come in as the aspiring Presidential candidate I will definitely give you my vote.

  30. Jane and Peter think they are the best lawyers ever to grace this land.. Whatever they say and do cannot be questioned by anyone.
    Do they find peace at night when they go to sleep?
    To be both stuborn and arrogant when most people don’t want your services isn’t the best way to go….I’m afraid things will not end well for jane, and peter.

    1. This is the problem of thinking that the majority is right. The bible is very clear that majority will perish and you could be one of those who will perish. Let justice take its course as provided for in the statues our republic.

  32. Ansah is my darling. Keep it up and u think people wil accept ur results in the event DPP wins? Malawi wil b on fire. I ve a suggestion, for the love of Malawi, step aside so that people have trust in the next commisdioners. PLEASE. This wil b for Malawi Jane Ansah love. I rest my case your honour.

    1. Kkkkkkkkk ndiye opposition imeneyo mukhalira kulira for years after failing the power through back door mwagwa nayo! Noone can be dismissed from work due to incompetency without first conduct refresher course for the same. Ndiye court if it saw it that MEC was incompetent let MEC officials go for a refresher course first before conduct the fresh elections to come. Many are in the offices who are incompetent but are not being sucked why? Akuwonereredwabe kuti will later improve

      2. Dead brains thinking. Koma kunyumbako zimayenda. Maganizo ngati awa mungayendetse kampani kapena muli ku ESCOM and thats why we are getting rotten services.

  34. I have been saying that Ansah, mec, Muntharika and dpp are one and the same, they have been strategising every move, plan, even results long before the 2019 elections took place. Do anyone still remember what Peter used to say? ” As long as i live, mcp will never rule this country”, why only picking mcp when utm and Atupele’s agenda for change was looking like a real threat? Because Muntharika and Ansah knew mcp was the real people’s choice but plan was already in place to bend that choice towards dpp. Fastforward alittle, Muntharika and Ansah expected their bribe to concourt jugdes could succeed hence the reason she was promising to resign or be fired if judgement could go against her but they didn’t mean that it was just a blindfold as the same reason they are hiding behind the constitution today. Chances are; they have already bribed the supreme court of appeal and the concourt judgement will be overturned thus the reason of changing the army and police top dogs so that everyone will be silenced or killed if ever citizens will try to revolt. Muntharikas are power hungry and very dangerous people more than Kamuzu, even Bingu could not give up power after his term, thanks God that he was taken out of the picture lest scores of people could die like flies in a process of trying to relinguish power from him. If Malawians don’t know or see; with Peter, dpp and Ansah malawi is heading down a very dangerous path that blood will most likely to flow like the rivers of babylon and only, i said only, the supreme court of appeal can reverse this; for Muntharika, dpp, and Ansah to give up power- forget it!

    1. Correction: It is Chakwela and MCP who ORIGINATE BLOODSHED by hiring hrdc which is now a toothless dog.

  36. I believe Ansah is a learned judge, read Section 12 of the Constitution and interpret it. Secondly, I wonder why is she fulfilling part of the Concourt orders and demean others. Why not saying we will not administer the Fresh Elections because it was credible, free and fare. Freeze doing anything for the time being until such a time the Supreme Court gives its determination.

    1. George ndiwe mbuli yeniyeni. Don’t you know that it is the supreme court stay order ruling that Ansah is respecting. If she can not do that then there will be court contempt.

  37. I dont kn ow what this woman is looking for now. 62 numbers of people of Malawi DO NOT WANT YOU AND ALL YOUR TEAM and Chimene akanilira ku MEC ndi Chiyani?????????

  38. Ansah has a lawful mandate to be Chair of MEC. The corrupt courts are the ones trying to remove her having received bribes. It does not make sense that only the presidential polls had irregularities. In fact, an illegal PAC whose MPs elected through MEC irregularities rushed to condemn Ansah and the commissioners. PAC made recommendations which means APM was not obliged to remove Ansah and the other commissiners.

    3. How much are you paid for this cause. It is on record that Thom Mpinganjira was the one who tried to bribe judges. I find your continued labelling of the judges corrupt a serious deficiency in your head

  40. Jane ansah is standing on strong legal ground there is nothing the court can do. The court can only consider legal implications and she is right. Chilima and others are seeking her dismissal based on political grounds which is very irregular

  41. Iron Lady Jane Ansa, thats the way to fight Mafias and Kangaroo Court Judges. Our problem comes in because certain people thought and wanted to be Leaders, were promised by their followers. Its only God who anoints a person to be a Leader not humans, Two opposition Leaders need to humble themselves before GOD and the people of Malawi let GOD approve you! if not you will drive the Nation into Chaos which may not help you and the people of Malawi.

  44. She is right. She is holding that office lawfully. She administered Parliamentary and Local elections well. The same courts have not faulted her on this. As for the presidential elections, it is the corrupt Concourt judges who overturned it after being bribed by Chakwera and Chilima.

    1. Lulu, you don’t live in malawi or you don’t even understand what you are defending, the parliamentary and local elections were not credible or fair either and they could definately be annulled as well just that the councilors and MPs didn’t go to court to lodge their complaints within 8 days of announcement of results as stipulated by the constitution. Courts only deal and pass judgement on cases brought before it within the stipulated time frame so it was only the presidential case that the concourt was dealing with not those two. If Chilima and Chakwera could not lodge their complaints within 8 days after the announcement of the presidential results,even their case was meant to be dismissed with costs.

      1. I can agree with you. Ur observation it’s true. I ask myself why did the court tackle issues that was not asked by petitioners. I would have loved if we could go to polls for new things. All in all I respect your Chip

  45. I would like to know the whereabouts of the reporter who said “I LOVE YOUR EARRINGS” to Jane Ansah last. May

  46. If you know that you presided over a free, fair and credible elections, why are you preparing for the fresh elections?

    Half obedient = disobedient.

  48. The biggest problem with Malawians is that we react through emotions. We act from hearsay without verifying facts. Look now, somebody is going to look foolish. Its high time we engage ourselves with reading our republican constitution thoroughly not just waiting to be hearing from the lawyers. they can choose to deceive us taking advantage of our being illiterate on that side.

  49. Continue with your satanistic activities. The power of God’s light will catch up with you and mark my words, you shall not survive for this act you are doing against the people of Malawi.

    1. Eti eti inu! From the same ruling you can choose what to implement and what not to implement. Madness at its best! The entire judgment should be implemented or not.

      1. Chimodzi modzi kunena kuti a convicted person can choose what to implement in his/her conviction.

    2. all MPS should step down cos they were not elected in a fair and free elections if you want Ansah to step down.

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