The High Court in Lilongwe has dismissed an application by rapper-cum-politician Tay Grin (real name Limbani Kalirani) requesting for parliamentary vote recount in Lilongwe City Centre constituency.
Tay Grin contested n the May 21 Tripartite Elections on a Democratic Progressive Party (DPP) ticket but lost to Alfred Jiya of Malawi Congress Party (MCP).
In his application, the artist and son to DPP stalwart and former minister of Gender, Children, Disability and Social welfare Jean Kalirani, claimed irregularities and that Jiya’s win be quashed.
But in his determination, Lilongwe High Court Registry judge Kenyatta Nyirenda ruled that the petition is “wholly misconceived and “accordingly dismissed.”
In his ruling, the High Court Lilongwe Registry judge stated that while Section 114 of the Parliamentary and Presidential Election Act limits the subject matter of an appeal to a decision of the commission confirming or rejecting the existence of an irregularity, a petition brought in terms of Section 100 can be premised on any other cause whatsoever and not just limited to an irregularity.
Under Section 100 of the Act, the petition can go directly to the High Court while under Section 114, the complaint is enjoined to lie first to the commission, under Section 113 of the Act, and only go to the High Court by way of appeal.
Nyirenda further said his understanding of the provisions of Section 114(1) of the Act is that an appeal under that section lies within a very narrow circumscribed compass.
“It is not all decisions of the commission that can be challenged under Section 114(1) of the Act. The only appeals that can be entertained under this provision are those that challenge a decision of the commission confirming or rejecting the existence of an irregularity.
“In the present case, I have read and re-read the petition and the exhibits attached thereto in search of a decision of the commission confirming or rejecting the existence of an irregularity but my search has been in vain. In the premises, the petition is wholly misconceived. It is, accordingly, dismissed,” reads the ruling in part.
Others who filed the poll petition included Chris Thaulo (against Madalitso Kambauwa), Mary Clara Makungwa (against Ken Kandodo), Lonzoe Zimba (against Francis Kasinda Mbewe), Ginford Maulidi, ( afainst Rhodrick Khumbanyiwa), Ben Montfort Khuleya (agaist Abida Mia) and Eta Banda (against Noah Freeman Chimpeni).
When declaring results of the elections on May 27, Malawi Electoral Commission (MEC) chairperson Jane Ansah said the commission had received 147 “Madando” (complaints) in connection with the elections.Follow and Subscribe Nyasa TV :