Chakwera’s lawyer asks Malawi Supreme Court to toss out appeal against vote re-run

Malawi Congress Party (MCP) president Lazarus Chakwera’s lead lawyer  Mordecai Msisha –  Senior Counsel (SC) – has asked the Malawi Supreme Court of Appeal  to dismiss an appeal against a Constitutional Court judgement that overturned the May 2019 presidential election.

MCP president Lazarus Chakwera (L) with party secretary general Elsenhower Mkaka captured on camera before entering courtroom of the Malawi Supreme Court of Appeal.-Photo by Lisa Kadango

Presenting his arguments against the submission of the first and second appellants – President Peter Mutharika of Democratic Progressive Party (DPP) and Malawi Electoral Commission (MEC),  Msisha SC argued that MEC has the duty to ensure compliance of electoral laws.

“MEC  behaves as if it was primary party,” he observed.

He said the Electoral Commission should have been a neutral arbiter managing the polls and “not to defend wrongdoing; hide documents…”

Msisha said “an election is a process that is mandated by law – Presidential and Parliamentary Elections (PPE) Act.”

He said: “There was no much that was wrong, so such that was contrary to statutes.”

On the the 50-percent-plus-one rule of electing a president, Msisha said  Supreme Court interpretation of Section 80 (2) can be taken into account with  the Constitution Court interpretation and that while  the Supreme Court Judgement is more binding than the High Court judgement, it can provide clarity in clear pointer to the present case.

“The lower court did not say we are going to ignore the decision in the  Chakuamba case . The lower court recognises that was a decision that was made [by the Supreme Court].”

He said looking at the meaning of majority it never means just more than.

Msisha continued: “When you use the term majority you are signifying above the medium point which is 50 percent mark. So the lower court in fairness considered the Chakuamba decision.”

Msisha said declaring a winner on  whosoever  has a vote ahead the other  is “recipe for mischief, its an invitation for mischief.”

He stressed that it is “absolute chaos”.

MEC declared Mutharika winner of the May 21 2019 presidential election with 38 percent of the votes. He was followed by Chakwera, with 35 percent and UTM Partly leader Saulos Chilima amassed 20 percent.

The Constitutional Court in February annulled the results of the May 2019 poll and ordered a re-run, citing “grave” and “widespread” irregularities including the use of correction fluid on tally sheets.

In his appeal papers, Mutharika said the judges had “erred in law” and asked the Supreme Court to reverse the judgement.

The president described the ruling as “a serious miscarriage of justice and an attack on the foundations of the country’s democracy”.

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Yaya Mfiti
10 months ago

Game tembenu ,chilima aone nyekhwe ,MG 2 ikubwerera kwa chimilirenji ,chakwera no chance mwayi wake watha mcp iyambe kuyangána wina oti adzayimire 2024 ,akhala sidik mia kapena GOD BLESS MALAWI

Chimutu
Chimutu
10 months ago
Reply to  Yaya Mfiti

Pepani – akupita mdala wanu

Central
Central
10 months ago
Reply to  Yaya Mfiti

The fact that you always tell lies is the key reason why your grandpa makes a lot of bad decisions! Is there anything tangible enough worth dictating the reversing of the Constcourt ruling from what Tembenu and Chokhotho said? If I was you, I would be busy convincing doctors to be too close to avoid a replica of Bingu’s cardiac arrest stants…………!! Lets wait and see! Now that the final penalty kick has been made, let’s see if your so called lawyers are genuine goal keepers……………..!

Forgive them
Forgive them
10 months ago

Koma munamvelera mulanduwu?
Kungoononga ndalama basi,
Kapena mwadalira nyasatimes?
jane president wa malawi election party

Malume Chakwelagalu
Malume Chakwelagalu
10 months ago

Modecai Msisha you mean majority is slightly sbove mid point…are you sure…you want to hide behind statistics this time…do you want Supreme Court to interpret what it already interpreted…Is Doctrine of Precedent still relevant or not?

Mandado@147
10 months ago

Wait for the judgement its gone thus court shit kuthamanga blood bwanji ngati dpp iwena with so much tippex ur agogo thieve went on to take forms at MEC he smarter than ur dumb ass… 50.1 50.2 if u went to school! Medium check in the dictionary I aint ur mama.

Bullshit
Bullshit
10 months ago

Sometimes is better to use dictionary or google to find out the meaning of majority

Petro
Petro
10 months ago

Never call MEC but rather we should be calling it Malawi Electro Party led by Jezebel Jane Ansah as its president.

Mzedi
Mzedi
10 months ago

Mr. Mkaka was lying to us when said he was beaten by dpp. He doesn’t look beaten to me

olivier
olivier
10 months ago
Reply to  Mzedi

Nkhani siimeneyi apapa sitikukamba za Mkaka. kuzungulira mutu ndiye kumeneko

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