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.
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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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.
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.
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.
Someone writes the three judges are DPP. Should we say the other two are anti DPP or UTM judges? I can a balance here.
Mulungu akuchititsani manyazi chifukwa mukufuna kumuchititsa manyazi munthu osalakwa. Inu bwanji simunapange resign when you were just receiving free moneys
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.
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.
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.
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!!!
Upright Judges with wrong judgements could them being hunted by Massive youths who are ready to be tried in our new generations
Eeeeee zoona eeeeee ma former vice president achulukadi. Mwanditsegula maso ambwana kkkkkkk
Kodi anyamata achipani cha ng’ona mukufuna chani kwenikweni? Ma judge sanapereke chigamulo ngakhale kuyamba kumva madando anu mwaagamula kale kuti ndi aziphuphu alandira ma million. Bwanji osangopeza ma judge anu azikugamulirani zimene inuyo zingakusangalatseni? Mukuzikayikira bwanji? Ngati simukhulupilira ma judge mumapitiranji ku court? Simukudziwa chimene mukufuna.
Joloza,Let us leave them because it seems they don
t know what they really want ,justice or mud smearing to people they dont agree with. Apa ndiye APM boma kuti BUUUUUUUU!!!!!!!!! Wina alira!!The most exciting thing about this election is that Malawians have increased the number of former vice state presidents.
The most corrupt guy on the panel of judges is no other than ” Healey potani ”
Thank you for your attention ladies and gentlemen
Madise naye nde mbava yeniyeni…..alimbali ya dpp kale ameneyu
Ndede I think you are not patriotic citizen of this country. Where did you see elections are by tippex to erase figures and write your wish. This affected presidential results where figures were tippexed and doctored. This is null and void. if MEC ANULLED VOTES just because someone ticked beyond the box what about the tipex kkkkkkk Wagwa babulo wankulu. Let me ask DPP that you should there is God who give powers through righteous way and croocked way. Dzanja lalemba mwamwela zikho lokwika.
Well elaborated
Tell him
it good if it is true
Thats a good development if it is true
Help me understand the whole concept. The application is nullifying presidential results. Why not MP results and that of Counselors, coz all these were counted and signed by the same people. At first MCP had filed for vote recounting, and before the judges could give a ruling, they had switched to nullification of only presidential results. SKC had congratulated APM for the victory and planned for “Thank you tour” to his supporters. Today SKC is blackmailing Jane Ansa and filling for vote nullification. Something is not making sense here. MCP have their case before the ably court. At the same time it is organising its supporters for demonstrations. Let me understand, is the court case btwn MCP and MEC or MCP and DPP (APM). The case of vote counting was for 10 districts where MCP did not do well. How about the other districts? That MCP had its monitors at every polling center, supervising vote cast, counting as well as transmission of results, and later confirmation with their supervisors at Main tally center in BT, is it possible to have all their monitors bribed in the entire country? More issues coming.
Cry babies, Ndede. They think there’s no material to counter their stupid evidence!
Just wait for the courts, you’ll get the jazz the thieves played!! Nobody should be occupying plot # 1 thru playing Malawians tricks! Jacket yakuba amakulanda pa ukwati kkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkk! Lets wait and seeeeeeeeeeeeeeeeeeeee
A guy called Ndede is an idiot. He is so confused and thinks everyone has tippex reasoning.
There are people who think straight and can not lose their dignity for bribery
Yes it’s a Tripartite elections which means 3 different elections done at once in order to cut costs but they’re different. A good example one can vote for an MP of Party A & a total different President or Visa versa so yes one can be nullified whilst the other can still stand. The popular vote as the presidential is sometimes called in a national yet the parliamentary is a constituency based vote of which is declared at the constituency yet the Presidential is prone to rigging as the results trickle in from all the 5 thousand plus polling centres.
Its as simple as it is. APM is not a ligitimate President. If u do not understand this simple issue of tippexing vote sheets, i suggest you stop commenting on anything relating to May 21, 2019 elections.
Ma Judge mwalandila kale ma million and this is our money deducted through tax. Mulungu akuotchani
The case is now taking the right direction. My please to the Malawian judiciary is, if ever what I hear is correct that some other sections of the society do approach you with attractive amounts of bribes. Please, for the sake of your country Malawi, refuse them. Let justice prevail. We want the country’s citizens to regain confidence over you.
Where Dustin Mwaungulu? He should have been on the panel. We hope the chosen judges will not betray the will of the people.
Hahaha…
I hope Potani will not connive with his brother at MEC to scam Malawians. We know that the staff at MEC got lots of kickbacks from DPP led government.We are watching you Potani.
Sikuti sopano muyambe kuwayimbira phone ma judge monga mukuchilira ndi ma independent MPs
Count down. tovotanso basi
The panel of Judges is giving me doubt to rule in favour of the ………….. guess.
Koka koka koka Muthalika to hold another presser to threaten the courts now. Devel is aliar. Daniel 4v31 anamugwera mawu ochokera kumwamba kuti ndikuti Mfumu Nebukadinezara ananena kwa iwe;ufumu wakuchokera. Iyi yinali mfumu yoyipa kwambiri yozunza ana a Israel ku ukapolo koma Mulungu anati enough is enough. Chotero tikuona ukulu wa Mulungu akunena enough is enough to Muthjalika kuzunza ana a MALAWI osalakwa.
Stop lying. MCP is not inciting violence. You want to support chilima, do it honestly without smearing others. At the end of the day, if these thugs stay in power we will all stand to lose. Grow up from this petty bullshit.
aona polekelatu pitalayu
Well done Mr. Chief Justice. Thats the way to go learned Chief Justice.