The Constitutional Court has strongly admonished lawyer Titus Mvalo SC representing Malawi Congress Party (MCP) president Lazarus Chakwera a petitioner who want presidential election results nullified for not giving correct advise to the party not to issue a statement accusing the electoral body of suspiciously soliciting signatures for new electoral result sheets.
A five-member panel of High Court judges sitting as the Constitutional Court in Lilongwe faulted Mvalo, who is MCP legal advisor, for not advising party spokesperson Rev Maurice Munthali not to publish his ‘unwarranted’ statement inciting MCP supporters to be vile only against Malawi Electoral Commission (MEC) officials and lawyers when compiling sworn statements from presiding officers.
The court observed that since the statement was given to Mvalo in advance prior to publication, the lawyer had the opportunity to stop such unfortunate publication as his “advise and input there on was sought”.
During the hearing, Mvalo sought to distance himself from the contents of the MCP statement by saying he never authorized it.
The court said it was “very surprising” and “indeed we find it unbelievable.”
Further, the court also strongly condemned Rev Maurice Munthali for his disgusting statement which among other things demanded that MEC lawyers and officials be apprehended while correcting evidence from presiding officers.
Munthali alleged that some district commissioners were working with MEC to coerce presiding officers and other stakeholders to sign what he termed ‘the clandestine’ result sheets in exchange for money.
“Reverend Munthali’s statement was at best careless and at worst it amounted to an incitement of mob vigilant action by communities against [MEC lawyers] and other officials,” said judge Dingiswayo Madise in the ruling.
Meanwhile, Chakwera was ordered by the court to “publicly condemn and disassociate himself from the offending parts of the statement” issued by Munthali within 24 hours.
The court ordered Chakwera to make his condemnation of MCP spokesman’s statement using “at a minimum, the same mediums Reverend Maurice Munthali used to issue the said statement.”
Chakwera has since respected the court order and acted upon it.
Lawyer Frank Mbeta, who is representing President Peter Mutharika (the first respondent in the case), said the tone by the court will help lawyers not to be intimidated while they are on duty.
The court has since given MEC a five-day relief to conclude collection of sworn affidavits and shifted the commencement date for the full hearing from July 29 to August 8 after MEC submits all the relevant documents to the court on 6 August.
People in Rumphi were on Friday holding peaceful demonstrations demanding the resignation of Malawi Electoral Commission (MEC) chairperson Jane Ansah for...
I have never been tribalistic. However, the behaviour of my brothers from the centre and north leaves alot to be desired. I believe that is the reason its difficult for the brothers from these two regions to be trusted with presidential leadership. The May elections have exposed the wickedness of their hearts. No wonder there is no grace for them from the throne of heaven.
Mbenjeere, how I wish mayi wako anakataya pakati pawo…
MUNTHALI SAMANAMA
This is the right time to divide the country into north Malawi —central Malawi –eastern Malawi — southern Malawi —
An empty stomach does not make a good political advisor.
Khani yaikulu ndiiyi.Jeni assah walephera kupeleka zikalata zomwe anaulutsila kuti mbava munthalika wawina ndiye ndizoonetselatu kuti mbava Mutharika sanawine kwinaku zinamizanani ndi masekishoni obelawo zaumbuli
I feel that the constitutional court was so lenient on its ruling against Second Plaintiff. I was expecting that they will fine the party for obstructing justice by torturing the second defendant when trying to establish what really went wrong. Panopa umbuli wamalamulo sinkhani yozembera chilungamo pamene nkhani ili mu court. You are inciting mob justice when you already know that it is a crime under Malawi Laws. The people of Kasungu and other central districts will one day pay for the damages and injuries they are causing now. If not them, it will be their children as the world… Read more »
THAT IS GOOD THE COURT SEEMS TNOT TO BE BIASED, LOOK AT HOW THE COURT ALSO ADMONISHED THE MEC LAWYER FOR CHEATING THE COURT THAT THE DOCUMENTS ARE IN THE HANDS OF CLERK OF PARLIAMENT WHILE CHIEF ELECTIONS OFFICER WROTE THE SAME COURT THAT THEY HAVENT UP TO NOW DEPOSITED THE DOCUMENTS WITH CLERK OF PARLIAMENT AS THE LAW REQUIRES, AND HAS EVEN DIRECTED THE RELEVANT SECURITY AGENTS TO INVESTIGATE THE MEC LAWYERS FOR PERJURY. KKKKKKKK
KKKKKKKKKK every one is angry and it was difficult for him just to advise the vice. He is a well known lawyer and every one learn through mistakes but being admonished by the court is welcome which set that courts are really for justice. MEC did not inform Malawians of such acts. They wanted to do it secretly and lie to the court but God has exposed them. Well done judges.
Koma ma postpond awa its too much