‘Chakwera has ceased to be President of  Malawi’: DPP calls on court to nullify fresh election, revert to APM-SKC presidency

April 15, 2021 Wongani Chiuta - Nyasa Times 75 Comments

The erstwhile ruling Democratic Progressive Party (DPP) has gone to court and is callingfor the nullification of the 23 June 2020 Presidential Elections, and all subsequent Parliamentary, and Local Government By- Elections following the rescinding of the appointment of two commissioners Linda Kunje and Jean Mathanga by the Office of the President  and Cabinet (OPC).

Chakwera: DPP urges him to leave the Office of President immediately., saying he has ceased to be a legitimately elected President of the Republic of Malawi

DPP which nominated the two fired commissioners is seeking a judicial review on Secretary to the President and Cabinet Zanga- Zanga Chikhosi’s decision which the party has described as “abuse of Executive powers”.

Spokesperson of DPP, Brown Mpinganjira, said the party  has noted the decision of President Lazarus Chakwera rescinding the appointment of Kunje and Mathanga  and that the consequence of the rescission is that ‘The appointments were void ab initio [to be treated as invalid from the outset]”

Reads the statement in part: “Commissioners Kunje and Mathanga were soon after their appointment duly sworn in and they participated in the conduct and organization of the 23rd June, 2020 Court ordered Presidential General Elections as Members of the Electoral Commission.”

In the letter communicating the decision to rescind, the Secretary to the President and Cabinet, Zanga Zanga Chikhosi stated that the rescission is on the basis that the two were adjudged incompetent by the Malawi Supreme Court of Appeal in its decision delivered on 8th May 2019, regarding the manner in which they handled the 2019 Tripartite General Elections.

However, DPP  argues: “We hasten to point out that Commissioners Kunje and Mathanga were properly re-appointed by the former President in exercise of the powers conferred on a President by the Constitution of the Republic of Malawi. Malawians will recall that soon after the appointment of the new Electoral Commission in June 2019, the Malawi Congress Party, which was and still is headed by Dr Lazarus Chakwera, sought to challenge the re-appointment of Commissioners Kunje and Mathanga in Civil Cause number……..of 2019.

“That lawsuit was subsequently withdrawn and Commissioners Kunje and Mathanga participated in the electoral process that returned Dr Lazarus Chakwera as duly elected President of the Republic of Malawi.

“Under our laws, the Electoral Commission is the only body which is constitutionally mandated to organize, arrange and conduct elections in this country. To do so in compliance with the law, it has to be properly and legally constituted.”

DPP has also cited Section 75 (1) of the Constitution states that “there shall be an Electoral Commission which shall consist of a chairman who shall be a judge nominated in that behalf by the Judicial Service Commission and such other members, not being less than six, as may be appointed in accordance with an Act of Parliament”.

“Therefore, for any election to have been duly conducted, the legality of the composition of the Electoral Commission as well as the manner of its appointment are necessary pre-requisites.

“Consequently, since the rescission of the appointment of Commissioners Kunje and Mathanga is operative as from the date of their appointment, namely, the 7th June 2020, it is clear that as from that date up to now, we have not had a duly constituted Electoral Commission as required by Section 75 of the Constitution which would have been capable of organizing and conducting any elections in Malawi.

“For avoidance of doubt, the effect of the rescission of the appointment is to undo, unmake, abrogate, annul and cancel the said appointments as from the date of their appointment and not just termination of employment of the two as Commissioners. Therefore, rescinding the said appointment immediately invalidates any and all decisions made by the Electoral Commission as from the 7th June 202,” reads DPP statement.

Mpinganjira said dpp will therefore be calling on the Courts to invalidate the following decisions by the Electoral Commission immediately:

  1. Nullification of the 23rd June 2020 Presidential Elections on grounds of undue election because the electoral body was not duly constituted according to law.
  2. Nullification of all the bye-elections conducted thereafter.

Further, DPP  calls upon Chakwera to leave the Office of President immediately.

“He has ceased to be a legitimately elected President of the Republic of Malawi because the election that elected him into office was presided over by an unconstitutional body,” said Mpinganjira.

DPP calls on the Courts, when moved, to nullify the election of Chakwera and his Vice President, Saulos Chilima and revert to the position as it was before the 23rd June 2020 where Peter Muhtarika was president and Chilima as vice president.

“Our decision to pursue this course is underpinned by the Constitution which is the Supreme law of the land,” said Mpinganjira.

Law professor Garton  Kamchedzera of Chancellor College—a constituent college of the University of Malawi,  said President Chakwera should refer the matter to the court as a presidential referral for the Chief Justice to appoint a minimum of three judges to authoritatively decide on the issue as a Constitutional Court.

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75 replies on “‘Chakwera has ceased to be President of  Malawi’: DPP calls on court to nullify fresh election, revert to APM-SKC presidency”

  1. Uko kunali kulira kwa ma Cadet! Koma ku opposition mulimbako inu? MCP inafa bulu r amangwetu…zaka 26 in opposition and someone thinks they can just get boma like that?
    Fact…Tonse is ruling until 2085! DPP forget about it…kwanu kunatha!

  2. Zina ukamba kambangamwala …ma judge omwewo ndi amene apereka that decision to DPP. Our President is stupid omulangiza analipo koma sanamvere

  3. pitalaso kacingati???? nde ndigula mfuti. tinamucotsa basi. ndi zomwe zokakamila linda ndi jinizi .mxiiii za mkutu

  5. So The Polofesi Decided to Appoint the Two in Good Faith so that 1. When their Appointment is Challenged Elections will be delayed 2. He was above the Courts and Law therefore the Supreme Court decision was not Binding on Him 3. Failed to Properly Constitute the Commission according to the Law because He was ignorant of the Law ? 4.The Polofesa so Loved Malawi that he did all the above.Let the SABOTAUR get the Justice He Deserves AS he is Coming with Clean Hands …

  8. What a joke… wishful thinking by cadets. Go and make your own courts which can rule in your favour…Munadya ndalama zambiri heavy za a Malawi.No sane judge can rule in cadets favour mukhaula mpakana 2024

  9. I bet DPP has already started strategising the next wave of plunder, thievery, nepotism, corruption and all. Forget it. There is no way Malawians will let DPP rule. Never.

  11. Chakweragalu ndi kape wamkulu kwambiri, amufunse Lucius Banda, anaimba kuti sitima imaphweka akamayendetsa wina, lero ndizimenezo

  12. Side effect ya astrazenica Vaccines, Kwantere having blood clot in the brain. Ife tili ku ma stand tikuwonela game kuti zitha bwanji .

  13. zina ukaona kamba anga mwala. Chikhosi satithandiza. they are emotional on serious issues. There is strong ground on this argument and Malawi courts are unpredictable. shame the devil.

  15. Is MCP capable of governing? Looks like not. Why is Chakwera failing to run a clean government? Simple Chakwera is listening to his Chewa circle of advisors and Zikale’s of this world. Where is MCP and Chakwera headed? To the bottom of the pit. SKC either sinks with Chakwera or leaves Tonse and offers constructive opposition and organises for 2024. Otherwise Chilima sinks too.

  16. DPP may have a point this time around regarding firing of the two commissioners after discharging some important job activities. Koma chiwanda chotukwana ma judge chi, eish! Ndiye kaya pano apitano court lake liti? Well, there are few things to consider in this matter:
    1. APM, well-versed in the laws, deliberately chose to create a legal debate by including incompetent people in the EC; as declared by the Supreme Court of Appeal.
    2. Basing on the 1994 Constitution, APM was heading the Executive whereby no other arm of Government would stop him from appointing more than the required number of Commissioners from a particular political party. Doing so, would appear to be usurping his powers; though that was legally defective.
    3. The legal debate which APM created, one would be tempted to think that he wanted to generate legal battles then, aiming to delay the Presidential Elections.
    4. The fate of the two Commissioners was already decided by the Supreme Court; which is the basis of the current action by Government.
    5. The two Commissioners did not receive letters of appointment to the claimed positions; therefore, they have been fired from non-existing contracts. I don’t know how they will claim their contractual agreements; maybe constructively, if that is possible for such big positions.
    6. The most important question in the whole fiasco is: will DPP want to know if it was legal to appoint incompetent Commissioners to run elections? Because that is the genesis of all this mess. Or will DPP want to know if it was legal to have 4 instead of 3 Commissioners from one political party as the case should have been? Or will DPP want to know if the actions by a Commission infested with incompetent Commissioners can be annulled? Or will DPP want to know if a Commissioner can claim a contract without an appointment letter but base on a confirmation by taking an oath of office?
    The point is, whatever the case may be, what DPP is claiming can be very costly to the nation; if it can be granted. But very unfortunate for them, they are not in good books with the Courts. Let’s wait and see as the drama unfolds.

    1. You are very dull. Komabe uchila! If the 2 commissioners were not legally employed as you put it, then all decisions made by MEC all along are invalid. Imeneyi ndiye nyekhwethe to your fallen pastor Chakwera, the leader of the Malawi Chewa Party.

    2. But unfortunately all cases taken to courts where Nyirenda instill chief justice will not succeed even if there is merit. Its seems the judges are on overdrive to punish the DPP. The only rational judges are Mwaugulu and jack nliva

  17. DPP is wasting it’s money. The wrong people were really in the commission but that doesn’t mean all the decisions they made were wrong. Similar cases have been seen when the ombudsman relieved people of their duties but decisions they made during their reign remain intact. DPP will only appear as an opportunist before the court with no strong and sincere case

  19. This are the last kicks of a Chakwera MCP government. It’s been a difficult and hard journey for MCP to win, and win it did. But look at the high level of corruption and daily blunders Chakwera makes. It will be one day soon that Chilima leaves government like he left Mutharika’s government – retaining the high office of Vice President but opposing Chakwera. Otherwise Chilima will be finito as well. Shameful

  20. Kodi mbama zija sizinamukwane uyu? Which law are you talking about? Have you been to college to study law ? Osamaonetsa umbuli. Malawi is being cleansed of toxic elements. Pitala abwererenso kkkkkk koma anthu ena inu. Zikazingani chimanga baba. Asiyeni anyamata ayendetse dziko mokomera mitundu yonse

  21. This MPC Government is not only disappointing, it is backwards oriented! This on step forward to step back might be good for a dance but not for running a country! Either you pray harder for our Nation or you get finally your food down Mr Chakwera! Take a feather from your late Swahili friend!

  23. Chakwera has the face of a president, but the mind of a mbusa weni weni and the heart of a coward. Either he does nothing (inertia) or he does the wrong thing (ineptitude) or he dilly dallys with important decisions (indifference).

  24. I find very interesting and another of court battles again Malawi Malawi Malawi on fire go ahead dpp it is understandable chakwera couldn’t fire this commissioners since h already president but I found it difficult the shoes is too big for chakwera to fit in so he should just step down chikosi should go as well since muthalika is old chilima should take over until election again very interesting

  25. They were just appointed. After appointment they were supposed to be confirmed. Someone has constitutional power to confirm. If he is not satisfied he can’t confirm. In this case the two has not satisfied the authority to confirm them hence the firing. It’s not a miracle for one not to be confirmed.

  27. Kikikikiki, DPP idathadi kulimbikira mutunda wopanda madzi bwanji. Kodi kumenekuja kuli anthu wozitsata. Ndanva chisoni kwabasi kupupula too much.

  28. A Chakwera akapanda kumanga nyumba ndi Yahova woyimangayo ayimanga chabe. Munapanga kulirira inu umfumu siochoka kwa Mulenge onani chaka sichinanthe zakulemerani kale mwina umfumu unali wazeze Chilima. Ndiye kaya apa mutani chifukwa maloya umwe aja tsipano akadyano ndalama za DPP. Inu a timewaster . Talk waker mungochita step down. Gule kwao mwadya zomwezo.

  29. We said it that Chakwera and his stupid SPC chikhosi are overzealous for nothing. Surely it’s a shame to have such a useless leader for Malawi. If APM was clueless than this reverend is cluelelest. That is the problem when we have a biased judiciary. How stupid were they to adjudge things they were not asked to judge.. Who asked the court to establish whether the commissioners were competent or not.if that prayer was before the courts’obviously as per rules of natural justice the commissioners would have been asked to defend themselves..Now we have this stupid and redundant chief secretary who dismisses people based on subjudice .
    I said it and I will say it again that Chakwera will go down because of.
    1.Zangazanga Chikhosi
    2. Sean Kampondeni
    3. Chris Kapondamgaga.
    4. Eshowa Nkaka.
    5. Kandodo Chiponda.
    6.Gospel Kadzako.
    These are the people digging his grave.

  33. President Chakwera respects the law and the courts. He has to voluntarily relinquish his position. All his ministers have been their illegally and have to refund all salaries and allowances they have been illegal receiving. Remember what Ombudsman Chizuma said in her report on Magalasi and MERA

    2. Were all decisions made by Magalasi reversed? If not then DPP is just wasting its efforts, time & resources?

  35. Anzanga a dpp tiyeni tizidzala nandolo zimenezi zitichedwesa tizingofufuza munthu ozatiyimira 2025…izi sizingatheke izi

  36. now they are outside and they have started feeling the cold. This is what we call ‘Nyekhwe’
    muwauze achila koma mochedwa
    Auzeni mwapiya muulupale aziweza nsomba kumadziko

  38. Chibwana pa Malawi. Why can you not go to court like what Chakwera and Chilima did? What BJ and his dpp are doing is totally absurd. They know that the appointment of Kunje and Mathanga was controversial. The court and parliament said they were incompetent. The old man APM went ahead to appoint them. If you look at the history of Mpinganjira you will find that he is a confused man and is it any wonder he was incarcerated by the Kamuzu MCP government. He was given a lifeline by Bakili Muluzi and later broke away to form his NDA party. He failed and went back to udf to fight Bingu. He was running mate to JZU and the two could not outwit DPP under Bingu not this APM. After the demise of Bingu he was picked by JB and made her VP. A big mistake by JB. He left to joined DPP and is confusing the party. Is it any wonder he was beaten by the Nankhumwa thugs? Mpinganjira is useless. He cannot even keep his marriages.

  39. Palibe nkhani apa, this is a kindergarten argument that DPP has given and will just loose more money in legal costs…….ayiwala kuti APM akulephera kupeleka ma K69 million kenikenika, pano akuyamba zina zoti even mbuli yakumudzi siyingavomereze.

    For me this a good opportunity for Malawians to get back a little something in form of legal costs from the millions of kwachas that these DPP thieves stole from us with impunity…..

  40. Mayi wawayeee mayiwawayee kulira chadzunda ndi kapoli. Musaseke anga kwanu simufa . Mayine yalakwa ku Nankhaka madzi achita katondo. Lero sitigona kunja kwawirira odala pofunika kutulutsa chinkoko basi.

  41. if their appointment was null and void yet they manage smooth election that brought chakwera to power. that means the election was illegal.

    1. aTemweka, kasintheni dzinalo…mayina a anthuwa amakhala odzuka ndi owona zinu koma inu UMBULI umenewu……

  42. Chakwera the confused. apapa ndie ali mbweee ngat nyemba zataika. This guy is a big joke. Malamulo a ku dambwe sayendesera dziko!!!!!!!!!!!!!

  44. Nthawi zina timakakamira ndi kufuna zinthu zachabechabe. Ukulu wa mulungu ukuoneka tsopano kuti zomwe tidasankha ndi madeya. Mapwevupwevu, vindere!

  45. Yalakwa. Another wastage of money in the making as somebody plans to build 250,000 houses in 10 years kkkk

  46. Kkkkkkkk dpp want to go back into gvt by other means other than general elections. Gogo petulo deliberately appointed Kunje and Mathanga who were condemned by the courts as incompetent to cause confusion. Even if the caurts calls for new presidential elections you cannot win.

  50. Peter mutharika and saulos chilima were paired for life, they can’t escape each other despite not seeing each other eye to eye. Apa ndiye professor anaponya kwakuyatu, nanga why did he not give them appointment letters? Can see judiciary tieing itself into perfect knots.

  51. Chakwera has honestly opened the pandora box. Instead of focusing on development they by themselves went ahead to try to put their own folks in MEC the very thing we hated DPP for and but worse still without heeding advice on all the Legal implications. SKC could be better perhaps. This MCP is full of blunders and indecisiveness. It’s too much.

    1. SKC is already there my brother. He is equally just good at talking. This time around sangatinamidze kuti akufinyidwa. DPP is just playing a mind game but it is just kicks of a dying horse, they will end up losing the case with costs again.
      The other confused guy is this AG, at times I wonder if he really fits in that office. He is either just doing things for fun to confuse the system or he doesn’t know what he is doing at times

    2. I agree with your view and I wonder who bewitched this country. Each time we must have something to do with courts. And the blunders are suffocating.

  52. The judiciary can never rule in favour of dpp either due to incompetence or bias especially with the current CJ who dpp wanted removed.

    2. When apm gave appointment letters to all commissiners what stopped him from giving the two kunje and namathanga the letters.

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