Commentators hail 5 judges for ruling: ‘Democracy in Malawi has won’
Some renowned political, legal and faith commentators have described Monday’s historic judgment of a presidential election case in Lilongwe as a triumph for Malawi democracy.
The judgment delivered by a five-judge panel of Healy Potani, Ivy Kamanga, Dingiswayo Madise, Mike Tembo and Redson Kapindu nullified last year’s (May 21) Presidential polls and ordered a fresh election to be held within 150 days.
Speaking in separate interviews after the court verdict, lawyer Justin Dzonzi, University of Malawi’s Chancellor College political analyst Ernest Thindwa and Evangelical Association of Malawi (EAM) General Secretary, Reverend Francis Mkandawire all described the judgment as victory for the nation.
“I think this judgment has a big meaning to Malawi, it demonstrates the country’s renewed hope that this is a country that can uphold the rule of law.
“It speaks of a nation that is ready to hear grievances from some quarters that feel aggrieved,” said Dzonzi, who is Link for Justice Executive Director.
He said Malawi is a nation that has laws and that if they are broken, the country can resolve any differences peacefully without any bloodshed.
“In short, Malawians should be the overall victors from this judgment as it means they have a system that upholds the rule of laws,” said the lawyer.
Political analyst, Ernest Thindwa said the ruling shows the country’s democracy has been fostered, hence a sign of triumph for all Malawians.
“What has happened is that democracy has been fostered because whenever there is an election, the expectation is that what the majority of people want should be done.
“What the court has done is to ensure that the needs of Malawians are met.
“In short it’s Malawians who have won. This time around, the courts have risen to the occasion and done what is expected of them.
“You may recall that in 1999, there were electoral disputes, but in the end, those who complained were not accorded the opportunity to be heard,” said Thindwa.
On the faith front, Evangelical Association of Malawi General Secretary, Reverend Francis Mkandawire described the development an opportunity for Malawians to rethink of rebuilding the nation after months of widespread demonstrations since last year.
“This demonstrates a lot of things in the country’s history. It talks much of the independence and impartiality of our judicial system.
“We need to thank the judiciary for not letting down Malawians. We have to concede that justice has prevailed,” he said.
Mkandawire then commended judges for the judgment, saying it represents the wishes of most Malawians.
“We thank our judges for not showing bias in the delivery of justice. Going forward, we thank God for being with us as Malawians throughout the course of judicial process.
We ask God for his love by making sure that the judgment is for the benefit of many Malawians,” said Mkandawire.
Timothy Mtambo, the chair of the Human Rights Defenders Coalition said: “I would like to say congratulations to all Malawians who believe in justice. What this means is that our struggle has started bearing fruits,” he said.
Mark Bottomani, the minister of information and a government spokesperson, said he needed to consult on what the decision meant for the government.
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Not true to say the judgement was not biased. The judges acted or failed to act beyond their powers based on their interests which is to outs DPP from power.
1stly on returning SKC to his previous post, i thought the court fully aware of bad relationship between APM & SKC, fully aware they belong to different parties and worse still on the opposite sides of the case, the court would have been linient with Chimulirenji but order parliament to settle the issue of presidents/vice dumping their parties that ushered them to power once and for all. SKC saved his term and am very certain if he was not to be reinstated he would not lose the terminal benefits. These are political offices and they operate as such hence the court is helping somebody to idle in a public office.
But what I see is a court in gleeful anticipation of violent protests to force APM out of power and install one of the petitioners to power. After all HRDC is already saying they are not comfortable having APM preside over the flesh elections, what do you expect next!
2ndly they force parliament make 50+1 laws with knowledge that the petitioners will gang up and leave DPP in the cold. If the framers had that in mind all necessary laws for runoff would have been there already.
3rdly the order to change subsequent election dates match with the flesh election date is aimed at making their preffered winner enjoy 5 full years despite the fact that there is a set constitutional date. In 1999 court ordered an election delay by a couple of months but it never intefered with the subsequent set constitutional election date. Now you see the parliamentary term will be affected. And with such more changes in future the election date will become at large. Suppose a presidential candidate dies before election date then we will change the constitution again?
Lastly the decision to advise Public Appointments Committee appoint a new set of commissioners is again within the great scheme of things to oust DPP. In the ruling very harsh anti competency language was used on a commission chaired by your senior appeal judge and you should have left it at that and let the appointing authorities takeover.
I urge parliament to look at these issues as well when it meets.
However on the irregularity and anomaly findings you impressed me.
So why would the masses take to the streets if APM remains in power? Is it because he was not legitimately elected? Just trying to understand your point…
I am not talking about the legitimacy or illegitimacy of APMs holding office.
All am lamenting is the biased mostly unpleaded orders the court made.
Open your eyes man. Can’t u foresee the plan is at the end of the day all petitioners will have ascended to the highest office in the land?
Glory be to God for convincing you, our Judges to do it that way!! May God bless you all our honourable Judges for being both “just” and “refusing Mpinganjira’s poison” from DPP and APM!
BRAVO MALAWIANS AND YOUR PATRIOTIC AND BRILLIANT YOUNG LAWYERS.MALAWIANS YOU HAVE SHOWN THE ENTIRE PLANET THAT MALAWIANS ARE VALOROUS WHEN IT COMES TO DEFEND THEIR RIGHTS AND FREEDOMS.MUTHALIKA THOUGHT THAT BANDA ENSLAVED YOU AND HE TOO,HE WILL DO THE SAME.THIS GUILE DIVIDED THE NATION TO RULE US AND HE HAD FILLED HIS FELLOW LOMWES IN EVERY GOVERNMENT INSTITUTION REGARDLESS OF THEIR QUALIFICATIONS.MALAWIANS,WE IN DIASPORA,ARE PROUD OF YOU.ALUTA CONTINUA,VENCEREMOS.LONG LIVE MALAWI AND LONG LIVE OUR AFRICA!!!!!!!!!
I don’t think there is any need to appeal the ruling bearing in mind the 5 judges were unanimous in their decision.
Now I believe that some people in power can do things for the benefit of masses mwatiyimilira
Democracy now is real in malawi
If Mark Bottomani “needs to consult on what the decision means for government” then I am available for consultation. The presidntial and parliamentary elections should be re-run. Honestly this time. Jane Ansah should be dismissed. The Constitution must be revised to make the non-presidential parts of government more powerful.
Don’t invite these so called international observers next time. Viva Malawi, viva democracy. Btw, any word from agogo yet, or is he still sobbing? Nanga bambo chimulirenji nde ali kuti ndipo akuti bwanji?
Iwe usapemphe mbama wamva😂. Am joking