Court allows Mutharika to amend grounds of appeal: Malawi Law Society rejected to join election case

A seven-judge panel of the Malawi Supreme Court of Appeal has dismissed applications by the discredited Malawi Law Society (MLS) to join the presidential elections appeal case as friends of court but  allowed Malawi Electoral Commission (MEC) and President Peter Mutharika to amend notice of appeal and the ground of the appeal.

Mbeta: The amendments were already done.

The judges also rejected the application of  Women Lawyers Association (WLA)  , arguing that both law bodies did not indicate the role they wanted to play in the case.

But Chief Justice Andrew Nyirenda (chair), and justices Edward Twea, Rezine Mzikamanda, Anaclet Chipeta, Lovemore Chikopa, Frank Kapanga and Anthony Kamanga allowed media houses like Times, Zodiak and Malawi Institute of Journalism  (MIJ) to broadcast live court proceedings only on radio and not television.

President Mutharika’s lead lawyer Frank Mbeta said the applied for streamlining their argument of the appeal of the Constitutional Court judgement that nullified the May 21 2019 presidential election.

“The court has allowed us to streamline the issues that we want the court to deal with in the appeal,” said Mbeta.

He said this Friday, Mutharika’s legal team will be filing and serving the amendment.

According to Mbeta, the amendments were already done, but what they were doing was just a formality because they needed to have permission.

A five-judge panel comprising Healey Potani, Redson Kapindu, Ivy Kamanga, Mike Tembo and Dingiswayo Madise on February 3 2020 nullified the May 2019 presidential election and directed that a fresh election be held within 150 days from that date.

This was after two of the presidential candidates in the May 2019 elections, UTM Party’s Saulos Chilima (first petitioner) and Malawi Congress Party president Lazarus Chakwera, asked the court to nullify presidential poll results over alleged irregularities.

.Mutharika and MEC, the first and second respondent, respectively, filed their appeals to the Supreme Court, which is expected to start the hearing on April 15.

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Jose
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Jose

9iiii

Nicolous
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Nicolous

Chikopa I thought you are part to bribe the judges?????!!!!!

Opportunist
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Opportunist

MBC palibepo pa list kkkkkkkk

Mtete
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Mtete

It’s because they will not have an opportunity to twist facts in favour of APM/DPP.

Nematodes
Guest

MBC – malawi broadcasting corporation: ‘conspiring against the nation’.

Mbonga Matoga
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Mbonga Matoga

So the law professor and his foot soldiers did not know what they were appealing against and or the grounds of their appeal…..to start making amendments now…koma muyaluka Chaka chake ndi chino.

Nkhalamba yayikulukulu kukakamilira pampando, mkumatinamiza ife Kurtis ndife atsogoleri a mawa, mawa lake liti?

wa Nyau
Guest
wa Nyau

The Lawyer looks like Galu wophwanyidwa mutu ndi mpini! Kikkkkkk!

Chilipa Thako
Guest

those 5 concourt judges were intimidated and were compromised by those evil bundits of hrdc ,mcp ,utm ,they wanted to put Malawi on fire .These seven judges will do the needful

Malawi belong to the citizens
Guest

What needful things are you talking about?Real judges cannot ignore tippex, this case DPP and MEC Will lose again. Remember that the president and vice president will be there until 19 May,2020.Thats what the court said.If there would be an extension it would be from the court again. MEC commissioners allowed tippex to be used on election materials,yet Malawi Electoral Commission chairlady assured Malawians that everything was ok and why did they brought tippex?It is time to know who brought this tippex and how much did he/she received.Its time also to request the bank records of MEC commissioners before election… Read more »

Nasingwe
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Nasingwe

even used our tax money to buy tippex used to rig our voting.

Fake Petros
Guest
Fake Petros

Osakhala ngati mwapanga misala, it is not possible for opposition parties and civil society to intimidate or bribe judges. It is on record Mpinganjira is the one who approached judges to bribe them. Mfiti amaona ngati aliyense atha kumulodza olo amatamba.

Concoourt
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Concoourt

Concourt’s judgement is flawed because 50+1 needs a constitutional amendment. Any judgement that depends on changing laws is flawed because courts can’t influence politics. As we have already seen, the opposition failed to get 2/3 majority. The judges were so corrupt and incompetent they did not think carefully about the constitution. This is the reason why presidential poll results are not annulled just like that especially in countries where the constitution does not provide a window to accommodate a rerun.

Chibet
Guest
Chibet

You write like an idiot.

Malawi belong to the citizens
Guest

Judges were not corrupted,stop this nonsense,the judges asked everyone involved in the election case to bring evidence that there was mismanagement on the presidential results.All parties including DPP brought their evidence,u heard what Bin Phiri said to the judges. MEC failed to bring tangible evidence that the presidential results were 100% correct.Umboni wupose apa,all Malawians heard it and the evidence of mismanagement was everywhere.If you don’t understand this you are a cadet.It is only cadets Who can not get this into their heads.

GOD EXISTS
Guest
GOD EXISTS

you are ignorant on how business is done. Laws are apolitical. Not only are you stupid but a fool too

Richard Steel
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Richard Steel

Concourt, it seems you are not following these events, or you are ignorant of the Laws of Malawi. 50% + 1 already exists in our constitution. There is no need for any constitutional amendment to accommodate this. What the 5 judges did was to correct a wrong interpretation by a single Supreme Court Judge in 1999, that equated ‘simple majority’ with ‘majority’. The fact of the matter is that throughout, as a country, we have been declaring presidential winners unconstitutionally. And mind you, in their presentations, the lawyers of the petitioners asked the constitutional court to interpret the meaning of… Read more »

Otayo
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Otayo

50 plus 1 system which in other words you can can call it proportional representation has its demerits: 1. After elections Governments are returned with either a very small majority of seats or a minority of overall seats in the legislature. 2. As a result, minority parties with few seats and relatively small electoral support may hold disproportional power ( power which is not matching to their electoral support). Forming government will depend upon demands of minority parties’ wishes in order to implement their legislative programmes. 3. Ramifications of such dependence on minority parties to form government as a coalition,… Read more »

monosile
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monosile

A Mbeta, what formality just accept that you goofed as you always do please submit to the court as request do not appear to be wise.

temwanani
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temwanani

the 5 concourt judges made the ruling under the influence of alcohol. they had no time to go through the constitution as they were busy drinking castel so they outsourced the opinion to kasambara.

Lego
Guest

Can you just shut up your mouth

James Banda
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James Banda

attention seeker

Stephano
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Stephano

Ndiwe Chitsiru chopanda nzeru

Mtonga Mwana
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Mtonga Mwana

Koma Kasambara ndiye mumamuopatu kkkkkkkkk

Malawi belong to the citizens
Guest

Brainless person

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