Chief Justice certifies MCP, UTM poll case as constitutional: 5 judges panel named

Head of the Judiciary, Chief Justice Andrew Nyirenda has certified as constitutional the May 21 Tripartite Elections petition cases  filed by Malawi Congress Party (MCP) president Lazarus Chakwera and his UTM Party counterpart Saulos Chilima against  Malawi Electoral Commission (MEC) challenging the results, Registrar of High Court and Supreme Court of Appeal Agnes Patemba said.

Chief Justice Andrew Nyirenda’s certification is in accordance with Section 9(3) of the Courts Act, to have the poll case be heard in a constitutional court

This means the consolidated case has now been referred to the Constitutional court where five judges will hear it.

The judges to hear the case are justices Healey Potani, Mike Tembo, Dingiswayo Madise, Ivy Kamanga and Redson Kapindu.

The two opposition leaders separately filed their applications with High Court Lilongwe District Registry last week challenging results of the May 21 presidential election in which governing Democratic Progressive Party (DPP) President Peter Mutharika was declared winner with Chakwera and Chilima coming second and third, respectively.

In his order to have the case consolidated, Judge Charles Mkandawire said having perused through the two petitions and their supporting documents, he had observed they were similar in nature and relate to common question of law.

Meanwhile, UTM president Chilima has called on party supporters to remain peaceful and calm as they wait for the outcome of the court case.

“We must all be angry at the fraud committed against the nation. But let us not direct our anger towards the wrong direction thereby contributing to the further deterioration of the already miserable lives of Malawi,” said Chilima.

He said people must seek truth and justice in the only institution mandated by the Republican constitution to adjudicate over disputes in an independent and impartial manner.

“Let us, if we can, store that anger as we shall soon unleash it to lawfully defeat the evil forces that keep holding back this country,” said the former vice president.

This message is in contrast with what the Malawi Congress Party (MCP) is doing whose cadres have resorted to at times violent protests over the outcome of the poll results.

In the MCP petition, the party cited several irregularities and incidents which the party believed helped Mutharika win a “fraudulent” election.

Among the irregularities cited was the stuffing of ballot papers with pre-marked ballots, tampering with election results sheets through correction fluid widely known as Tippex and officials being caught with result sheets at home.

The affidavit by MCP identifies the country’s oldest political establishment as the first claimant in the case, Chakwera as second claimant and MEC as the defendant.

The affidavit, among others, states that there were “several rigging acts by members, supporters, sympathisers, officials and DPP agents in favour of the governing party which distorted the results to favour DPP against the votes and will of the people of Malawi.”

In its affidavit, UTM Party wants the presidential results nullified, arguing the polls were marred by a “plethora of irregularities” including bribing presiding officers and monitors, stuffing ofpre-marked ballots, altering result sheets and intimidation.

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Pamunyelo
Guest

APA ,the truth is elections were rigged. Going to court is formality. Let the court say no and we are ready to finish the system then and start with young lawyers lawyers.These monies will buy coffins.The fattened accounts must be investigated the sources.

nick
Guest
nick

Malawi is in a bad way. MEC under Jane Ansah is not trusted. Constitutional Court is nor trusted. The police are not trusted. The President and his DPP party are not trusted. (I once felt that Chilima was a trustworthy man, but unfortunately he’s a party to the whole dispute!).
Election disputes do not belong in law courts, but where should they go? Public Affairs Committee? ACB? The whole system needs radical reform but that will never happen under this sleepy presidency and sleazy Ruling Party.

Mwini-Munda
Guest
Mwini-Munda

Healey Potani is one of the most corrupt judges. Madise is another DPP guy. 2 out 5 judges are already compromised.

Malawi will never get justice with these two on the panel. Mark my words. I have been praying a panel of judges without Potani, Nriva and, Madise; the most corrupt judges in the High Court. My prayers did not succeed. Will keep praying for justice.

Unfortunately Mwaungulu is a supreme court judge.

moyenda
Guest
moyenda

Someone writes the three judges are DPP. Should we say the other two are anti DPP or UTM judges? I can a balance here.

Phiri
Guest

Mulungu akuchititsani manyazi chifukwa mukufuna kumuchititsa manyazi munthu osalakwa. Inu bwanji simunapange resign when you were just receiving free moneys

namatetule
Guest

It is not good to disclose the names of the judges before the case is heard. Are they quarantined? Its better to reveal after or else – everybody knows that even our judges are not beyond reproach.

Duncan
Guest

Potani is highly rated in matters of corruption. He is not suitable to be part of the 5 judges panel for this case.
Madise is another disaster in this case as he is a DPP agent.
The two are likely to sabotage justice in the case.

George kachepa
Guest
George kachepa

Please school me here, is this case appealable in appeals court if one side not satisfied with constitutional court judgement?
DPP will offer billions to these judges and I only see two judges here who I know will refuse the billions offered. Definitely the other three three will side with DPP trust me.

Backbencher
Guest
Backbencher

The problem I can envisage here is if the ruling favors the MCP/UTM those who support these parties will say justice has been well served, while the ruling DPP will cry foul.

If on the other hand MCP/UTM loses the noise will be the same of bribery n corruption on the part of judges and they too will ridiculed on social media just as Jane Ansah is going through now!!!

Pamunyelo
Guest

Upright Judges with wrong judgements could them being hunted by Massive youths who are ready to be tried in our new generations

Joloza
Guest

Eeeeee zoona eeeeee ma former vice president achulukadi. Mwanditsegula maso ambwana kkkkkkk