ConCourt rejects MEC application to defer fresh elections: ‘Ask Malawi Supreme Court of Appeal’

April 10, 2020 Wongani Chiuta - Nyasa Times 80 Comments

Malawi Electoral Commission (MEC)  has suffered yet another blow after the Constitutional Court threw out its  applications to vary or suspend the February 3 nullification of the May 21 2019 presidential election.

Malawi Electoral Commission, Chairperson, Jane Ansah Sc interacts with a Commissioner, Banda: ConCourt says application to suspend the fresh elections were wrongly brought and should be made in Supreme Court where there is an appeal

In its application, MEC,  who were second respondents in the presidential election nullification petition, through the sworn statement of its chairwoman Jane Ansah, wanted the five-judge panel of the High Court of Malawi sitting as the Constitutional Court to order suspension of the electoral process or varied, among others, the challenges the electoral body is meeting in organising the polls slated for July 2.

Ansah argues in her sworn statement  that MEC  is facing challenges in the procurement of electoral material owing to the global coronavrius pandemic and further the public health challenges that the outbreak passes on materials if the fresh  elections were to proceed.

MEC asked for a stay of the February 3 nullification of the May 21 2019 presidential election.

Ansah states that the National Elections Consultative Forum (Necof) meeting  resovled that MEC makes an application to court for an order or directions to extend or outrightly suspend the running of 150 days within which the fresh presidential election was ordered to be held.

“The suspension to remain in place until the public health environment is reviewed by  public health authorities,” states Ansah.

 

Ansah submitted to cour that other electoral management bosies elsewhere have already postponed the holding of elections due to the virus pandemic; citing Ethiopia suspending parliamentary and presidential elections, South Africa suspending by-elections.

She also informed the court of Malawi’s Covid-19 statistics as confirmed by Minister of Health Jappie Mhango.

Ansah told the court that MEC is of the view that “it is reasonable at the moment to suspend the running of the period given by the court to allow the spreading of the virus to be contained and wait until such a time when it shall be deemed safe to resume the electoral processes.”

In dismissing the application, the judges  pointed out that the application was wrongly brought before the Constitutional Court  “as this Court is the High Court of Malawi and not a subordinate Court as envisaged under the provisions under which the Application has purportedly been made.”

The judges pointed out that a subordinate Court under the said Courts Act is clearly defined in section 2 thereof as “any court, subordinate to the High Court”.

The panel of judges  led by  Healey Potani,  Dingiswayo Madise, Mike Tembo, Ivy Kamanga and Redson Kapindu, said  the Laws of Malawi  which provides for the Control of proceedings by the Supreme Court of Appeal during pendency of appeal states that: “After an appeal has been entered and until it has been finally disposed of, the Court shall be seized of the whole of the proceedings as between the parties thereto, and except as may be otherwise provided in this Order, every application therein shall be made to the Court and not to the Court below”.

The court said the  jurisdiction to entertain MEC’s application lies with the Malawi Supreme Court of Appeal and not the Constitutional Court.

“ The Application should therefore be brought before the Malawi Supreme Court of Appeal,” the judges ruled.

Malawi has so far nine confirmed cases of the virus and one death. Health officials worry people grouped for registration and voting could easily spread the virus .

MEC last week launched voter registration for a July re-run of last year’s presidential election.

Health officials criticized going ahead with the election process at a time when they are trying to check the spread of coronavirus.

However, the MEC argues only it or the courts can halt the election.

Opposition parties, whose court case saw last year’s election results overturned in February, have been pushing for the election to go ahead, despite the risk.

Legal teams for Vice-President Saulos Chilima (the first petitioner) and Malawi Congress Party (MCP) president Lazarus Chakwera (the second petitioner)  has welcomed the Constituions Court order dated April 9  in regard to the present MEC application.

Malawi’s Constitutional Court nullified last year’s presidential election citing massive irregularities in the re-election of President Peter Mutharika. The court ordered fresh polls by July 3.

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80 replies on “ConCourt rejects MEC application to defer fresh elections: ‘Ask Malawi Supreme Court of Appeal’”

  1. Kuno kulibe constitutionally mandated PRESIDENT ku Ethiopia the president was not declared unduly elected.Ndiyetu tiyeni tiyimitse chisankho for 1 year komaso unduly elected wa MANDATE yokha 2014 to 2019 achokeso parliament as institution izilamula.

  2. Nthawi ikakwana yakwana basi,palibe mulandu ku winner uliwonse a DPP ndi MEC why? Nthawi yao inatha kalekale kwatsala akungokakamiza basi…….Anthu akakana ungatani umachokabe basi.

  3. kkkkkkk Jane Mfiti Ansa kulibe whether corona or no corona we will vote. The corona is for Burundians and Indians who corrupt dpp govt to spread to uinnocent Malawians. Can dpp govt pay water and electricity bills what food can they provide rubbish we are going to vote out dpp wait.

  7. Let’s hope the supreme court will have the sanity to defer the elections. Otherwise neither SKC, Chakwera or whoever wants to get into power is our saviour. All of them are greedy folks.

  8. Didn’t Cadet Jane say that the elections will go on as ordered? Then after the cabinet committee dubiously announced that the registration should stop, Cadet Jane suddenly went to the courts to implement the cabinet’s directive. An independent MEC? Kizz ma azz!!!

    In today’s Weekend Nation, Cadet Jean Mathanga seems to be deep in corruption at Escom. Little wonder these commissioners want to rig the elections.

  9. Chataika, Chataika Chataika. How many times have I called your name? South Africa has closed its borders, but essential goods are still being transported to and from South Africa. Ballot paper production is equally essential as far as democracy is concerned. Therefore, borders will open to allow the transportation of the ballot papers. Tiyeni tikavote, zivute zitani, tikupanikizani basi in ma cadet. It is already common knowledge that the Commission is incompetent that is why it is trying to use coronavirus as an excuse to delay the elections. This is a mere delaying tactic, a competent Commission would have found a way to deal with this challenge and allow the election to proceed. It is not only in Dubai where ballot papers are produced, South Africa does. During our first 3 elections from 1994, ballot papers were being printed in RSA. It should even be cheaper. Most countries in the region such as Zambia, Mozambique, Zimbabwe and Botswana get all their election materials printed in South Africa. Kicks of a dying horse.

  10. It is safe to go to work (in shifts); to shops; to “fixed” markets; to Church services; to funerals (up to 50 people) BUT it is not safe to conduct voter registration?? How absurd is that? Jane Ansah has turned MEC into a puppet of the DPP regime.

    COVID 19 is going to expose the DPP regime for what it is: Not a Government but a corrupt organisation whose sole mission is to turn public resources into personal fortunes of the DPP elite. The party is only using COVID aspects that further the regime’s selfish interests. There is very little testing and tracing of contacts (only a mere 200 tested so far). However a lot of money, K15 billion, has been allocated for fighting COVID and then there are these moves to stop the fresh presidential poll. HRDC and other NGO’s should start agitating for more testing and contact tracing; daily stats of tests and the results of those tests should be the order of the day. This is what is happening in other countries. DPP cannot hide behind the disease when it is not taking steps to find out the extent of that disease. Test and trace contacts…

  11. Corona is real and it has started murdering us.

    Why would anyone in their right mind ask us to undergo elections in such an environment?

    Can we have sanity rule in our land. We cannot have masses of people in any single place at a time, and every Malawian knows this by now.

    There is no way any patriotic Malawian would want us to undergo an electoral process in light of this health pandemic and global crisis, where supply chains have fallen apart.

  12. Ma ballots abwela basi. Thats important cargo. Cargo flights are still operational. Osadandaula ma cadet tivota basi. Ma cadet , do you know kuti after 150 days, wanuyu akhala opanda mandate to govern? Tikonza dongosolo loti chief justice and speaker of parliament must run the office of the president. Corona virus mwina itenga 2 years …..we cant have uyu obelayu pa mpando. Nop.

  13. Looked like a straightforward issue to even some of us laymen that you don’t seek relief at the same court that passed first judgement.
    Kaya!!

  14. To die of the virus or to be ruled by a leader you don’t like, what can you choose?
    Some may opt to sacrifice a few lives to change the leadership.
    Elections must go ON!!!

  15. Countries have closed their borders, flights cancelled and planes grounded and so, MEC can’t procure electoral materials. During the current poll registration, people are registering in low numbers and political parties can’t campaign due to corona-virus. By the way, MEC is working on a hypothetical date of 2nd July for the elections because parliament has not yet debated bills sent back by president Mutharika. There is need to change the constitution for the election to happen but the opposition does not have two-thirds majority, hence, they can’t change the constitution. What a MESS! This election will fail. Don’t ask me why when it does.

    1. You are a liar. Essentials are delivered. So ballot papers can be delivered. You and your fellow cadets are just trying to run away from elections using Coronavirus as an excuse. I have noted with great concern that even Mister of head who is leading task force on coronavirus is trying to frighten Malawians so that DPP and MEC can have valid reasons to suspend the forthcoming presidential elections. Whether they like or not we are going to vote. I have never seen evil MEC Commissioners like the ones we have today.

      1. M’bale Omex muli pa chintchitotu choyankha. Sizisiyeni za ndale abale anu ikatiwatibula corona, God forbid, mpomwe muventse kuti ndale ndi zero help.

  16. MEC should stop going to the corrupt courts. The election is going to FAIL because of so many other reasons which are inevitable and the stupid courts seem oblivious at the moment.

    1. I think you are the one who has stupid brain not the court. The courts are doing a commendable job.

  17. What else can this corrupt nepotistic Tumbuka court say. Trying hard to impose its Will on Malawians. It is very unfortunate that despite the Corona pandemic that we can all clearly see, these stupid judges want to talk and discuss the technicalities of the law instead of expediting rulings. Mbuzi za MA judge.

    Alhamdulillah God is great, his mercy is wonderful, asova.Mwina Corona Will cleanse this court. Enawa ofunika Corona iyambile nyumba mwawo kuti amvetsetse.

  19. zamveka so will wait for supreme court to make the ruling. What MEC has said in the petition is true with resepct to the situation we are in kodi ngakhale tinene chisankho chichitike nanga ma ballot paper aka printer kuti poti maulendo a ndege. Zinazi tiyeni tidzikhala ndi logic a malawi even court shud understand this

    4. Awaso, Ndege imapangaso print ma Ballot papers? Kuganiza kunapanga kale expire 2014 kikkkkkk! To kapanga print kuja anakapanga ajawa. Idiot.

  20. Listening to Mgeme Kalilani on MBC one would be hoodwinked into believing that they know something about our constitution but alas they don’ t know a thing. Little imbiciles,,,

  24. Simbi gave a lot of money to the judges but they are overstretching themselves too much. People are not registering, parties are not holding campaigns. What type of election would this be. Shame on our corrupt and incompetent judges.

    2. A looser has already expect downfall
      Wining candidate to be a president still remains inside idle Malawians regardless of campaiging
      Chakwera is people’s choice
      Wana nayo

    4. This election will be done without campaign Baba, after all every one knows whom we want and whom we don’t want, it’s just for two candidates, forget Mbakuwaku time wasters. Th game is on wawa

    6. You have forgotten an incompetent Supreme Court Judge JANE HULE ANSAH. If she is even failing to understand the law like this how can she run the coming election?. Muuzeni akafunse nzeru kwa Mai Anastazia Msosa akamuphunzitse. Bvuto lopeza udindo chifukwa cha matako zimakahala choncho!!!!!!!

    7. Prove your case and then report to ACB. By the way we are waiting for the arrest of the Civil Servant and Highly connected politician

  25. MEC should not despair. The corrupt courts will be humiliated in the end. The bills have not yet been voted on and therefore the election date of 2nd July is hypothetical.

  26. ConCourt might have shot itself because the way things are, the election will end up not happening because of other unintended issues.

    1. Have you understood what has been said.? Akut nkhaniyi apite nayo ku khoti la supulimu ndilimene likapeleke chigamulo pankhani yomwe meki ikupempha

    2. So who will remain stupid President of idle Malawians?
      Devil Peoples Party’s time is over no matter what tricks and tactics will be applied
      Tikaonane pa Ground basi
      Mukaiwone Nyekhweeee!!!

  27. MEC should not waste time with Concourt and even Supreme Court. The elections will fail due to other inevitable dynamics. Already fewer people are registering to vote. Parties are not able to moblise people for the useless elections. And Corona-virus cases are likely to rise. So, in the end we will find we CAN’T hold the elections.

    1. corona is reaching sanjika very soon, no elections to be conducted, the VP to take over very soon kkkkkkkkkkk zooooobeeeebaaaaa

  28. Probably this is the sixth case for MEC to loose and this should be a wake up call that the judiciary already made up their mind. It is high time Jane Ansah opened her eyes to see that all her fallow judges are against her. Instead of giving excuses Jane Ansah should just pave the way for others who will ably handle the elections within the specified time.

    1. Tells you the complete and utter corruption of the court. The elections case they only viewed evidence from one side. These judges la 40 lidzakwana.

    1. Why, why , Mec want to run this elections while they know of what they did in the past elections. Mwagwidwa basi. Citizens of Malawi will never give it up till the justice is won.

  30. MEC should stop wasting time with these low level courts. Just take the case to supreme Court from there to pan African courts like Mr kajoloweka the owner of and NGO called YAS did. Some of the cases we lose in Malawi are actually winnable outside the country. I doubt any other nations can refer to our arbitrary findings.

    2. This election case is not winnable for DPP and MEC nthawi yakwana to liberate Malawians from mudyerekezi.

  32. @ Nkumva. munakwera yakuphwa jeni ndi covid 19 bolaso covid 19 only killed 1 person than jeni killed at least the whole country mutu jeni unasiya kuyenda

  33. Madise, Healy Potani and the team plz keep on schooling this so called Supreme Court judge Jane Ansah as she lacks ideas of running MEC.
    She don’t even understand the requirements of our Law but she claim to be supreme Court judge, eishiiiii!!!! My foot.

    Remove Jane Ansah not only as MEC commissioners chair but also as supreme Court judge bcoz she lacks knowledge of our Law.
    Choose judges to be on Supreme Court Panel on Merit and not being ex to someone.

      1. @mtondowadooka,You mean Mpinganjira maneged to give them or you are saying this because you gave them and then they didn’t do what you wanted them to do? I know it can happen, that is why you are boiling here about corruption, tell us more.

    2. I agree with you, she doesn’t know anything about our laws, she once said, the Election case is not Appealable, now you wonder what kind of a person is she, this gives me to think that all the judgements delivered by this woman, am sure many people are serving under wrong judgement, and some lost their lives by given wrong judgement from this useless educated woman.

  34. I have said this before but I will say it again, Jezebel Ansah rose her way to the Supreme Court of appeal through sexually transmitted promotions…….

    If any sensible Malawian was in any doubts about how incompetent Ansah is, then you have your confirmation today through this concourt ruling.

    Ansah is so arrogantly pompous and thinks she knows it all…..unfortunately, the other commissioners, many of whom don’t even know their job description, just follows whatever Ansah says.

    The sooner Ansah and her other commissioners leaves MEC the better for our country……the only issue is that it will be the same old senile man currently living at the state house who will appoint the next cohort of commissioners, what a shame.

    1. Some opinions written as if are facts,must be left on the tissue paper after wiping in the toilet and flushed. What you have written here is nonsense. Go and try and become a Doctor at law yourself. See how hard that is, don’t undermine someone’s achievements just because u differ in opinions or are too dull to comprehend there actions.

  35. What else can you expect from these Simbi bribed judges? What Malawians should keep on praying is that the COVID 19 should attack these judges first before it attacks the MEC staff who will be on duty. It is sad to see that the so called learned judges are failing to understand and appreciate how terrible this disease is, that even Americans are shaken. God Lord muwaponyere Chobomba Chikawaphulikire. That is the only way how they can understand and learn.

    2. The Lord God you are requesting to cause harm on judges happens to be the merciful, loving and caring God. Your request, therefore, fails miserably. Try to pray for justice to be delivered.

    3. Sizitheka, pokhapokhapo itayambira President kenanka Jane Ansah then tivote basi idzapitilize bwino covid 19…..

    6. DEALTH BY CHOCOLATE M MAGNUM is a chocolate flavoured ice cream covered in cracking dark chocolate with chocolate biscuit pieces. Relax. You will forget about covid-19 and Jane Ansah.

    9. Corrupt court,nepotistic always good winking and bamboozling the people. This is the same court whose member allowed corona to enter Malawi. Coming up with tupid judgeme ya if it serves their interest or their clan.vindere waka

  36. Does it mean that Covid Jane did not know that? I thought she is the supreme court judge?

    1. Yet until not so long ago, no person with a law degree was allowed to practice law in Malawi unless the degree was from Chanco. This implied that only graduates from Chanco were skilled to practice. Here we see now that that was probably not correct at all…how can a justice not know that once the SCA has seized of a an appeal matter any application regarding that case must be lodged to that court. Even myself studying law in RSA doing 4th year knew this.

    3. The problem with Jane Ansah is that she is taking orders from uneducated Cadets thats every move she does, she is goofing. At the moment she is not applying her mind but being used by JC holders

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