Chokhotho to represent MEC: Chief Justice rejects admission of South Africa lawyers

April 13, 2020 Green Muheya - Nyasa Times 84 Comments

Malawi Electoral Commission (MEC) suffered yet another blow on Monday after Chief Justice Andrew Nyirenda dismisses the application for admission of the two South African Lawyers Dumisa Buhle Ntsebeza and Elizabeth Makhanani Baloyi-Mere to represent the electoral body  in the presidential election case appeal at Malawi Supreme Court.

Chokhotho: To represent MEC

There were reports that the lawyers sneaked in the country on Sunday but  MEC’S  Director of Legal Services, David Matumika Banda, said  their foreign  lawyers  were not  in the country to be part of the application to allow them represent MEC in the appeal case.

They reportedly  presented themselves to the Malawian Embassy in South Africa where they wanted to participate in the case through video teleconferencing.

In his determination, Justice Nyirenda  ruled that it is against the law for lawyers to represent MEC when they are in another country.

This means , MEC’s lawyer hired from private practice,  Tamando Chokotho will represent the electoral body when the appeal case begins on Wednesday.

MEC chairperson Jane Ansah—who is also a judge in the Malawi Supreme Court of Appeal— said the commission  hired the foreign lawyers  to defend the May 2019 presidential election results that the High Court of Malawi sitting as the Constitutional Court (ConCourt) nullified on February 3 2020 after most local lawyers who were approached turned down.

  • Since it has emerged that the lawyers did not make it to Malawi, Nyasa Times retracts its earlier story from legitimate speculation based on credible source but we consider it as  inaccurate as of now .-Editor

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84 replies on “Chokhotho to represent MEC: Chief Justice rejects admission of South Africa lawyers”

  1. Please Mr Chokhotho humbly go to your bosses ,fellow Lawyers behind the scene and tell them that for the sake of intergrity you cannot continue.

    And Amumpesa kapena titi SDA in Malawi help the brother. Pray for him. Its not about money but morals. Zinthuzi zikuvuta and that should be a message. Spiritual advisers please help this Man. The Chokhotho Family, Abusa brother K Chokhotho mulankhuleni Tama. Fear not Tama , humble yourself and you ll always be at peace.

    Leave Ansah, Alfandika and APM asovane okha.

    2. Well the answer is in your question, they came in i.e. they did not use phone in another country but they were present in the court and they were not paid Half of the money upfront. Even me if I am in RSA and you pay me half before the job is done, why risk my life. I will take the half and damp you. I have nothing to lose. Try to pay me half for any work, forget me doing it.

  4. It has shown that the so called educated savages of the Llomwe belt will never accept a good and sound judgement from the learned Tumbukas. You tried implementing quota for selecting students into universities why didnt you do law so that you can become judges? Your myopic thinking is really like a headless chicken which cannot see the direction it is going to.

    Wake up and smell the coffee! Tumbukas are there to give you real pain this time around.

  5. This is simple… a lawyer to practice in Malawi needs to be admited to practice… for a job to be given to a foreign person non resident the job needs to have been advertised to malawians and proof that no malawian is capable of provide that skill needs to be submitted…for forex to be splashed outside the country there has to be to be benefit of national interest. Save the money buy medical equip or employ the many medical student who graduated but never got employed. No country on earth would allow a foreign lawyer to represent a client in a case registered in malawi from outside malawi. Meaning if you are being tried for murder or treason you can get an american top lawyer to represent you from Washington. Statistically and mathematically MCP+UTM+PP alliance akuyenela mwina the next votes as they have majority plus the unbiased nonpartisan would vote based on HOPE TO BRING CHANGE MWINA LIFE YAO NDIKUTUKUKA OR WILL VOTE JUST TO SHOW UNHAPPINESS WITH THE CURRENT SITUATION IN MALAWI this is exactly what happened in 1994.DPP is exactly where MCP was. So it should be feared or known that DPP will loose just as MCP many times lost PP also lost presidency..life should go on for DPP in oposition. PETER WILL BE 86 AT THE END OF HIS TERM THEREFORE WILL CLEARLY BE TOO OLD, CHILIMA AND CHAKWERA ARE STILL IN THEIR PRIME YEARS. THEREFORE for the future of malawi DPP needs to produce a suitable candidate to compete with these two. Anthu akumpoto amanyozadwa simply because the Southern nepotistic based governments doesnt treat them fairly and underdeveloped their region.thos forces then in general to fight harder 150% in life just to have 100% same chased as people from other districts. People from the north can generally be good at office jobs..people from centre at Farming..people from south at Business. If you agree with me on this last suggested then you are likely to be an empty head because people from all regions can be equally good at e everything I am from the south just in case you dont know..i married wife from north I’m have always worked here in lilongwe since finishing my studies. I do not cash on the govt or opposition I work for an NGO so I have atleast a fair opinion.

    1. just like we trust more of Mzungu and any other foreignet odeas to be more intelligent than our own home grown

    1. Iwe Ignatius, you are an illiterate Idiot and a dunderhead. At this time and hour of the year you still have tribalistic tendencies. I am a Chewa from the Home of Chewas in Kasungu but you are really rotten stinking in your way of thinking and your attitude towards Tumbukas. We are all Malawians. It is people of your likes that have damaged Malawi. Kamuzu was right when he said God save us from Njara, Nthenda Nsanje. Be liberated from this demonic Monster of Tribalism. Look at the current leadership in government, it is almost all from Thyolo and Mulanje – deos this make you happy? Stop this stinking behaviour. It is such mentality that brood war in the country. Every enlightened Malawian must restrain from such tribal tendencies. Disgusted Malawian in Kasungu..

    2. i wish i never read this nonsense from ignatius. i am a yao but this issue of connecting politics with tribe is total out of order. the judge is just applying what the law is saying nothing else. from 2019 onwards a dpp muona nyekhwe sizinaoneke. muona kuti mutani. Zoona a mec kupereka half the price kwa ma lawyer a ku South then nkumakapempha ku boma penapake mukumationjezatu

  8. A)Points to note, concourt was never moved on:
    1) 50+1
    2) veep taking office
    3) whether AG to represent mec
    4) fixing date for elections
    B)Concourt should have done better on the fact that PPE run concurrently by law.
    C)Mandate to call for parliament is prologative of HE in consultation with speaker; this is obviously driven by availability of business through cabinet and not court.
    I will therefore not be surprised if tables overturn in supreme court based on these areas and more.

    1. please take time to read the judgement line by line and other relevant laws to appreciate the basis for the judgement……….luck enough the supreme court will revert with their judgement soon………….. to some extent they could have stayed the judgement but they never did.

  10. Fellow Malawians when Tumbuka Judge justice Kenyatta Nyirenda in 2014 ruled in fovour of DPP. DPP party went into joy and celebration that this Tumbuka judge was brave and courageous. Today when chief justice Nyirenda has ruled against APM and MEC; tikuti atumbuka ndioipa; ozikonda ndiponso odana ndi chilungamo. Kodi atumbuka anakulakwilani chani? Ngati makolo anu anakuuzani kuti azigogo achitumbuka anakongola zinthu za agogo anu a chichewa; ayao kapena inu alomwe nenani kuti ife mibadyo yatsopano ya chitumbuka tikubwenzereni. We are tired of you koma taona kuti ndinu agalu nokha nokha thus y you hate chilungamo. Amene akupikusana pa mpando wa president ku court palibepo mtumbuka nanga anyani inu chikukuvutani ndichani apa? Popeza ine mmene ndikuonera apa atumbukawa mwina ndi amene angakhale better referees.

    1. Very neutral for that matter. Akufuna kugamula mwachilungamo nkangano wa achewa, angoni ndi alhomwe.

  12. This is the very reason why Malawians should not vote lunatics for president. They can do anything bad for this country as long as it serves their personal egos

  13. Major flaws in ConCourt judgement are still there and need to be addressed. Supreme Court should know that our eyes are on it and they are not going to mess about like ConCourt.

  15. Two key arguments remain to be addressed:
    1. The 50% + 1 requirement.as suggested by the ConCourt, is in conflict with the 1999 Supreme court ruling.
    2. The constitutional requirement that presidential elections must be conducted together with parliamentary elections.

    Let’s wait and see.

      2. Who cares? Fear of defeat before even voting started. No tippex no victory for DPP. A real man will win with 50 plus 1. Get into the ring and face real men.

    2. Finye why are you crying? A rerun is coming just prepare. What is the 80 year old cheating you? APM has already formed an alliance and collected his papers. Move on Finye.

    3. Musova ngati akutumani bububu wanuyo …read the judgement vividly there’s no conflict at all

    4. Very out of order Mr. Cadet. Don’t worry, you will be schooled together with your so called law professor and Mayemu

  16. Supreme Court behaving like traditional court which convicted Orton chirwa, Vera chirwa and their son fumbani chirwa. The chirwas of course were abducted from Zambia 1n 1981 and brought to Malawi. The chirwas were prevented from procuring defence lawyers, no witnesses were called. The only thing the court did was sentence hearing.

    Kangaroo court.

    1. Mtambo and Mcp already did that. Peter is a peaceful president.We were at the blink of civil war. He handled the situation like the true democratic that he is. While Chakwera was busy talking about kukhetsa mwazi. The fool

  18. Everytime things are getting worse and worse for Cadets….Let’s wait and see what happens after elections….

    1. It’s a fact Concourt judgement is flawed and was delivered by corrupt judges. In fact, Supreme Court is full of corrupt Tumbuka judges too.

    2. It’s a well known fact that things have been far worse for Mcp since it lost power. Remains to be seen if they can ever come back. The souls of all those killed by Mcp however disagree.

    3. Very wrong Banda! South Africa is home to many poor quality (half baked) lawyers as well. Don’t be misled by their fake, slang English. Malawi may even be better. We have excellent lawyers in Malawi capable of a very good job. I think you are a pessimist suffering from a complex of inferiority or is it jealousy? Be proud of your country and your lawyers

      1. Having read the flaws of ConCourt judgement in an article published by Nyasa Times, I am now convinced we have half-baked judges and half-baked lawyers. They are corrupt too. Concourt ruling have all the hallmarks of a myopia. Sadly, most of our judges and lawyers are from Tumbuka University of Malawi. They have connived with Kasambara (fellow Tumbuka).

        2. since when did Kasambala become a Tumbuka, Stupid people think that anyone from the north is Tumbuka.

          1. If you fail even to spell your fake name in Chichewa, you think you can understand the court judgment?

        4. Iwe ndi mbuzi, you read the judgment but did not understand it. It’s not your problem koma mabvuto akwanu. It needs the wise to understand wisdom. Did you also say Kasambara is a Tumbuka? Paja Nzonzi’s are the Chimulirenji clan kapena mwangofuna kukhala paubale ndi abwana anu?

  20. election cases need to be handled by a tribunal independent of judiciary. These motherfuckers are clearly pro opposition.

    1. Be careful; you’ll need these same “motherfuckers” when you are in opposition later this year. This is something that happened when MCP lost power to UDF, then UDF lost power to DPP, then DPP lost power to PP, then PP lost power to DPP, and now DPP is going to lose power to MCP. When you are out of power, there are no motherfuckers; there are just judges…

  21. Sometimes I am tempted to think that Jane and Peter anawonetsana maliseche. There is more to their arrogance

    1. jeni analephera kubweza kwake. anyelatu na panopa.
      koma akuzindikil a kuti tikucotsera pa 150 days ija??
      no wonder akucita registry ya ma std 6,7 kids for a 5pin. NSAMBI

  23. Now I understand why Kamuzu through most Tumbukas to Mikuyu. I also understand why the same Kamuzu preferred Traditional Courts to High Courts. The Tumbukas have an attitude problem.

    1. Iwe Dimba, uko nde kuganiza Kwa Baka. Chilungamo a tumbuka, ndipo eesh chimawawa bwanji? Get used bambo. Justice atumbuka, Kodi mudana ndi chilungamo? Atumbukawa akunena chilungamo and they back their argument or judgement with the requisite or relevant law, osati zammitu yao iyayi. Apo bi nde mudana Naidu mpaka kale kale, they won’t back down on that!

    3. Dull Dimba! Do you know how the decision not to allow the South African lawyers was arrived at? It was agreed by MEC lawyers, The Malawi law Society and the chief justice that the law requires that the applying lawyers should physically be in the country to make the application. It looks like you have a reason for hating Tumbukas. Maybe Tumbukas beat you in class, are doing better at work and they are generally living a better life that you anf you are bitter and angry. Grow up and accept facts as these learned judges went to school and have the required papers to allow them do their job. Sad for you!!!

    4. Kamuzu saw that Tumbukas can destroy Malawi. That is what is happening right now. The judiciary is full of Tumbukas – just look at the names: Madise, Tembo, Kamanga, Kenyatta Nyirenda, Andrew Nyirenda. It’s a matter of time they will learn a big lesson.

      1. U are the one about to learn big lesson with your gogo Peter Muntharika. U insulted the same Judges u want thier favour today.
        Ukhawula ndipo siunati, justice should prevail not matter what about of money u will give Mpinganjira to bribe them it won’t work

  25. As if stealing the elections wasn’t bad enough, now Malawians must spend a considerable amount enriching lawyers and the DPP officials!
    Way to go, warm-heart-gone- cold!

  26. I wonder if Malawians sometimes they don’t think that we only have two Teams which can bring the Country at a stand still, DPP and MEC.
    These two teams are not for something good for Malawians, they are trying to create the mentality of Peaceful Nation to be come a stupid Nation. I’m of the view that these two Teams have something in common,that it is to take Malawians as a Nation of dead strong educated stupid people.
    Can we if possible stand for the right to justice please,,,,, Truth exists, only falsehood can be invented,,, what these two Teams are doing is a serious crime to the citizens of this Country, I mean not you but to the citizens of this Country.

  27. Jezebel Ansah at it again, now the Malawi tax payers will still need to pay those foreign lawyers for the services rendered to MEC up to this point…..God knows how much.

    But when all this mess is said and done, I hope that Ansah will be held accountable somehow for running MEC as her personal estate and for wasting public funds to fulfil her egos.

    If she is not held accountable I will personally make sure that she finds another country to settle and enjoy her corruptly earned money and her retirement….

    1. A lot of us fill the same. If the incoming government does not take these all the corrupt MEC staff to task, peoples as individuals in their private capacity will ensure justice is meted against the corrupt DPP, MEC and others who feel they own Malawi.

      Top on the list of individuals/officials currently taking Malawi for fools include:

      1 – APM
      2 – Ansah
      3 – Getrude and her mafia curtail BEAM
      4 – Mathanga
      5 – All government parastatals officials i.e. MRA, MERA, ESCOM, MACRA, NOCMA etc
      6 – APM bodyguard
      7 – Many corrupt DPP cadets who are disguising themselves as government officials
      8 – Al ministers currently serving this corrupt government including Atupele

      All these and many many others deserve to be locked up in jail for many many years.

  28. So Jane and the learned Professor of Law, APM, did not know these lawyers can not represent a them while seating in another country? What type of educated people are Jane and AMP? Shame!!!!!!!!!!!! You are an embarrassment to our country. Incompetence at its best.

    I doubt if they even had an employment permit.

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