Court dismisses ex-MPs’ case with costs: ‘Come with clean hands’
The High Court Lilongwe Registry has dismissed with costs an application by former legislators who lost the May 21 2019 Tripartite Elections for nullification of the entire parliamentary elections as it did with the presidential elections and an interlocutory injunction restraining Parliament from transacting any business.
Following nullification of the presidential election by the Constitutional Court (Concourt), ex-MPs, led by Peter Bvalani and Jessie Kabwila argued that they lost the election due to Malawi Electoral Commission (MEC)’s incompetence.
Determining the matter, the ConCourt on February 3 2020 stated that the second respondent, MEC, demonstrated incompetence for failing to follow laid out legal processes for the conduct of the elections.
In their application, the ex-MPs argue that since both presidential and parliamentary polls were managed by MEC which the Concourt declared incompetent, it was fair to also nullify the parliamentary results.
Kabwila, who contested on a UTM Party ticket in Salima North West Constituency, said the irregularities as confirmed by the five-judge panel of the ConCourt were not exclusive to the presidential race as the process run concurrently.
But delivering his ruling on Friday, Judge Charles Mkandawire said ex-MPs should be mindful of the fact that they are pursuing an equitable interim relief on injunction.
He said: “They should therefore come with clean hands and not in the manner they are trying to evade proper procedural mechanism as to how Parliamentary elections can be challenged.”
The court said the ex-MPs should “go back to the drawing board” and follow proper steps on how to commence an election petition, according to the law.
“The onus will be on them to show cause why they have taken almost nine months before they could file the matter with the court,” said Justice Mkandawire.
Mkandawire said he has “carefully surveyed” the decision of the ConCourt on February 3 and also looked at the “consequential direction” that have been given by the court to Parliament.
“I am aware that the Constitution Court is at the level of the High Court and therefore its decisions are not binding on me.
“Let me however put it on record that the order and directions of the constitutional court are so well thought through that they take care of most of the anxieties of the applicants,” he said.
The judge said it would thus not be just to grant an injunction in the matter “as such a move would be counterproductive and not in the interest of the common good.”
He said the ex-MPs should follow proper procedures on how election matters have to be commenced and dismisses the application with costs.
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I now believe the people who have been saying JESSIE KABWILA ALIBE NZERU . This lady thinks she knows it all . Pano politically watha and I don’t see any political party taking her.
Kungoti mayiwa is good at enticing men with her dark and useless legs. This is the only FIELD she will survive on but not in politics .
Another Mzuzu Corner Judge. Not surprising. And yet they complain of nepotism when they are the most nepotistic.
Losers. Just sit down.
Well done our Judiciary! Politicians think they can politicize everything including the law! I like the ‘ with costs” part. That serves these ex dishonourables right! Let Judges be Judges and politics be politics!
LOOK AT YOU JESE KABWILA, I DID NOT EXPECT YO TO BE AMONG THE PETTITIONERS,
WITH ALL THE SCHOOL YOU HAVE.
DID NOT YOU KNOW OF THE TIME FRAME YOU SHOULD HAVE PETITIONNED THE COURTS?
TIME IS LOST FOR THE MPS.
YOU WERE SITTING PWII ALL THIS TIME WAITING FOR THE BULLDOZERS- PRSIDENTIAL CANDIDATES DO TTHE DIRTY WORK FOR YOU??
KKKKK LOL
YOU ARE BILDING CASTLES IN THE AIR NOW AND DAY DREAMING OF FAVOR FROM THE COURTS.
YOU ARE NOT CLEAN IN YOUR HANDS YOUR CASE IS THROWN THROUGH THE COURT WINDOWS.
What kind of judgement do you expect from Mtumbuka?? The issue of the MPs delaying their complaint to court cannot hold water in this case because these MPs accepted results that time. Their complaint is coming in because the Five Simbi United Judges said in their judgement that MEC messed up the whole tripartite election and they have a good complaint now that the judges have told the whole world that MEC messed up. If anything, the five Simbi united Judges could proceed to declare that since MEC messed up, there is need to start up again the whole tripartite… Read more »
No doubt the majority of these ex-MPs were among those that shot down the 50+1 electoral reform amendment two years ago. This was after they gratefully pocketed their own share of the K4billion that the corrupt DPP leadership had offered to them as a friendly ‘bribe’. Now they are crying foul because they are excluded from more possible friendly DPP govt parliamentary bribes! Just go and join the DPP!!
Another Tumbuka judge,Another Tumbuka ruling.Vindele
Another Lomwe comment, another display of total ignorance from a totally confused tribe. What good comment can one expect from a bitter tribe, a tribe thriving on bribery and thievery.
Shaa a tumbuka judge, a tumbuka chief justice, a tumbuka speaker of parliament, a tumbuka army commander, imwe mwe President withu completely overshadowed. Where did you go wrong to end up with such an opposing force. Ohoo you thought of only burglars bars and left Germany shepherd dogs in the hands of a watchman now you can’t go out of your own house the watchman and dogs are angry and hungry. Haha Haha Lomwes are really fools.
It is because a Tumbuka are selfish.
These MPs wanted to go through the backdoor using the old primitive thinking that if the girl has accepted John the if I go she is also going to get me on board as well. Backward thinking indeed.
Wozaaa