Chief Justice Nyirenda finally certifies DPP fresh elections case as Constitutional matter

Chief Justice Andrew Nyirenda has finally certified as a constitutional matter a case where the opposition Democratic Progressive Party (DPP) is seeking the nullification of results of the 23 June 2020 fresh presidential election, which incumbent President Lazarus Chakwera of the Malawi Congress Party (MCP) and Tonse Alliance won against former President Peter Mutharika.

Previous Constitutional Court Judges who ruled in favour of fresh presidential elections.

Former Attorney General Charles Mhango of Mhango & Company, who is one of DPP’s lawyers, confirmed to Nyasa Times about the Chief Justice decision on Monday, August 23, 2021, saying the Chief Justice has since referred the file to the Judge President Sylvester Kalembera to empanel the Constitutional Court.

Former Attorney General Charles Mhango representing DPP and Prof Mutharika

What it means now is that Malawians should expect another protracted legal battle that may either change the course of politics in Malawi where the incumbent President may lose his position should the case go in favour of the DPP or the status quo may remain the same should the Constitutional Court throw out the DPP suit.

Mhango said the Office of the Chief Justice had informed them (DPP) on 29 July 2021 that the Chief Justice was satisfied with the referral from Justice Dingiswayo Madise of the High Court, who earlier heard the DPP petition in the High Court. He disclosed that they were asked to file the necessary certificate for the Chief Justice’s signature and subsequent appointment of constitutional court judges to hear the matter.

“In compliance with the request from the Honourable Chief Justice, we filed the necessary certificate on Friday, 30 July 2021,” Mhango told Nyasa Times recently.

The DPP is asking the courts to quash the results of the said fresh presidential poll after it emerged that four Malawi Electoral Commission (MEC) commissioners were illegally appointed by the former President, Mutharika despite having managed and certified the election and its results.

On 2 June 2020, Justice Kenyatta Nyirenda agreed with the Malawi Congress Party (MCP), which had sued the presidency over the matter, that commissioners Linda Kunje, Jean Mathanga, Arthur Nanthuru and Steve Duwa were illegally appointed and as such he invalidated their appointments.

Following Justice Kenyatta’s ruling, the DPP approached the courts to nullify the election of President Chakwera, arguing that if the commissioners the ruling follows that there was no commission when the fresh presidential election was held. The DPP also contends all the subsequent parliamentary and ward council by-elections that were managed by these concerned commissioners are null and void.

The DPP is seeking “consequential orders and directions that the status of the presidency of the Republic of Malawi reverts to the position it was prior to the appointment of the inquorate and unconstitutional seventh cohort of the Malawi Electoral Commission”, basing their application on Section 75 of the Constitution, which talks about the composition of the electoral commission.

But when the matter came before Justice Madise, he observed the DPP application raised “serious constitutional issues” and therefore referred the matter to the Chief Justice for certification as a constitutional matter and empanelling of the Constitutional Court.

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Regardless
Regardless
1 year ago

Tivotanso….Mbakuwaku Woye !!!!! Mbakuwaku ikulowa mboma !!!!!

Nobert
Nobert
1 year ago

We’ll be going to court every year over the same issue, this is wasting of time and money. Let be by gone by gone.

Gift MULOMOLE
Gift MULOMOLE
1 year ago

We are going to vote again for sure

Kumavalo Nsamaonetsa Nyoni
Kumavalo Nsamaonetsa Nyoni
1 year ago

This case is about the implications of Kenyatas judgement.

If Kenyata hadn’t said what he said about the people muthalika appointed,DPP would not have gone to court.

Madise agreed with DPP.

It’s not muthalika complaining it’s DPP.

Kennedy
Kennedy
1 year ago

Here I thought it was Peter who appointed them if yet he is the one complaining again. Even if we go to polls today Dpp will never win regarding their history not until after 10yrs as we still remember their evil.

Otayo
Otayo
1 year ago
Reply to  Kennedy

You are denying reality . Stop deceiving yourself

Nepotism
1 year ago

This is a loosarble case dpp cannot win

Justice for all
Justice for all
1 year ago

Let’s wait this is another big case

Mogasa
Mogasa
1 year ago

As far as I am concerned, this is a winnable case. However, knowing how shrewd and clever MCP is, DPP forget. The judges have been purchased already moreover ndi awo. If you DPP win this case, Kumwamba kulipodi

M'memo wa Tonse Alliance mwagwera mchenga
M'memo wa Tonse Alliance mwagwera mchenga
1 year ago
Reply to  Mogasa

Of course DPP izaluza mulanduwu koma ine ndikufuna ndizangowerengako ma marguments amu judgement copy iyo, cheteee

Bon o bon
1 year ago
Reply to  Mogasa

How should heaven defend your own wrong neither the courts? This is APM deliberate error to saffocate justice of incoming government

Mwatero
Mwatero
1 year ago
Reply to  Mogasa

Ukunama tivotanso koma don’t respect kuti. Dpp/MCP Alliance kuwina Atola wodutsa chikwama. Coz these parties lachuluka ndi dyera.

Zilingo
Zilingo
1 year ago
Reply to  Mogasa

To be truthful the loser is not yet known and judges in the judiciary dosnt belong to anyone They Only belong to law. If the DPP is to lose or win it is not in the hands of judges but laws. Don’t be ignorant

Nicholas
1 year ago
Reply to  Mogasa

Palibe mulandu apa. Munthalika ndiyo wadalakwitsa samanvera zamalamulo. DPP siyidzabweranso

Hawell
1 year ago
Reply to  Nicholas

Mutharika sanalakwitse malamulo go and read section 75 and see what is there. Amene analakwitsa ndi MCP because section 75 does not talk about equal representation of commissioners for the parties contesting in elections if that was the case then the other parties could be the ones to complain because MCP had its representation already. Understand this the word “illegal appointment” is the bone for contention because how could something illegal and yet it is the same illegal commission that put u in position by signing for chakwera’s results. Section 75 says the president shall appoint minimum of six commissioners… Read more »

Ali Palimandi
1 year ago

Lighting strikes twice.

Jobasi Chikweche Ngozo
Reply to  Ali Palimandi

Mukunamatu, muidziwa bangwe

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