ConCourt says Malawi electoral laws does not give MEC adequate time to resolve disputes

In  reading of the judgement in the presidential elections nullificationcase at the Constitutional Court in Lilongw,  lead Judge Healy Potani has said the Presidential and Parliamentary Act  (PPEA) does not give the Malawi Electoral Commission (MEC) enough time to resolve electoral disputes.

Chilima interacts with friends of Court -pic by Lisa kadango

Potani, in his reading of the judgement,  said Section 99 of the PPEA needs review as it does not give enough time to MEC to processes and resolve disputes before declaration of the winner.

PPEA gives MEC eight days to receive, look at them and make a ruling and gazette and publish the results on radio and newspapers.

According to the Constitutional Court, eights days given to the electoral body is inadequate.

Meanwhile, Potani outlined that UTM  Party and Malawi Congress Party (MCP),  first and second petitioners, respectively, sought, among others the declaration of null and void of the May 21 Presidential vote; and declaration that MEC failed to remedy the complaints which amounted to great violation of sections 77 and 40 of the Malawi Constitution.

The petitioners also asked the court to reverse MEC’s declaration of the winner claiming  that the first respondent,  President Peter Mutharika was not duly elected as President because he did not obtain a truly majority of the votes.

In the petitions, UTM’s Dr Saulosi Chilima and MCP’s Lazarus Chakwera indicate results of the 78 constituencies were not tallied affecting 1,412,105 votes and 523 tally sheets were not duly signed for.

The petitioners also contended that there were 176 tippexed tally sheets, 70 counterfeit and 634 tally sheets were altered.

The petitioners also claim that MEC did not act with due diligence in the management of the electoral process and that the electoral body showed bias against the second petitioner, Lazarus Chakwera by failing to act impartially in the administration and management of the electoral process.

MEC declared Peter Mutharika as president with 1,940,709 votes, representing 38.75 percent of the total votes cast. Chakwera scored 1,781,714 votes, representing 35.41 percent.

Reading of the judgement continues at the Lilongwe High Court sitting as a Constitutional Court with panel of five judges,  namely Healy Potani, Ivy Kamanga, Mike Tembo, Dingiswayp Madise and Redson Kapindu.

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Nzika
Nzika
9 months ago

Backbencher,what laws did MEC follow? Using tippex? Rushing to announce the results without resorving the complaints due to APM’s pressure? You said the petitioners will lose the case. So you knew better than the judges? Now that the verdict has been made, what’s your say now?

Nagama
9 months ago

Respect to the 5 judges …. you are true children of the soil. Thank you .

Backbencher
Backbencher
9 months ago

The point is, MEC was only following the laws hence were not at fault for not addressing all those complaints

In a nutshell the petitioners will lose the case.

Ntaba.
9 months ago
Reply to  Backbencher

Mr. Backbencher, can you revise your entry above please. Usowa tulo lero!!!!!!

Gongonyeke
9 months ago
Reply to  Backbencher

Is tipex part of the law?

nkhwedzule
nkhwedzule
9 months ago

Nkutenso uwu enafe tinalephera school chifukwa chofuta futa pa examination paper akuti timabera nanga awano

Kennedy nali
Kennedy nali
9 months ago

What’s the main point?

Mtete
Mtete
9 months ago

And vote Riggers take advantage of this

Mathanyula
Mathanyula
9 months ago

Koma zikukoma

Mbonga Matoga
Mbonga Matoga
9 months ago

Mau ogwira mtima ndi woti MEC failed to remedy the complaints from UTM & MCP which is a great violation of sections 77 & 40 of the constitution, the supreme law of the land.

Fake Petros
Fake Petros
9 months ago
Reply to  Mbonga Matoga

Jezebel claimed the time was sufficient to deal with all MANDADOS. In fact she even patted herself on the back for a job well done.

Hon. Nyaphapi One
9 months ago

No excuse. Eight days ! Ask for more days. You do not need to be taught everything.

Munyasiwa
Munyasiwa
9 months ago

It is not only the MEC having inadequate time but also those who perceive to have had their rights violated during the electoral process. The time for petitioners to seek justice is also very limited.

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