Court includes Mutharika in presidential election case: Made first respondent to Chakwera, Chilima petition

A legal battle against the outcome of the presidential race in the May 21 2019 Tripartite Elections has seen President Peter Mutharika being dragged into the case after the Constitutional Court has included him as the first respondent.

President Mutharika:  The former law professor is made first respondent in the poll case

Registrar of the High Court of Malawi and Malawi Supreme Court of Appeal, Agness Patemba, confirmed Mutharika has been made “party to the proceedings” according to the law requirements.

Mutharika is the first respondent to the petition with Malawi Electoral Commission (MEC) as the second respondent, according to court documents of the consolidated elections case number 16 and 26 of 2019  dated  June 11 as seen by Nyasa Times.

The development comes as a renowned political analyst urged Mutharika to join the Malawi Congress Party (MCP) and UTM to fight the outcome of the May 21 elections in court.

George Phiri of University of Livingstonia said this after Mutharika told a rally in Blantyre on Sunday some of his votes were stolen in the central region.

Mutharika said the state security agencies would investigate the matter.

But Phiri said instead of him defending the outcome of the poll results in the court, the President can also join the forces that are challenging the outcome of the results in the Constitutional court.

“If every presidential candidate, even the Malawi Electoral Commission declared winner is complaining of the results, then the only thing MEC can do is declare the results null and void and order for a re-run,” said Phiri.

He said the election cannot be declared if all the contestants, the ruling Democratic Progressive Party (DPP), the MCP and UTM are all complaining that the vote outcome was manipulated.

According to court documents, Saulos Chilima – the country’s immediate past vice president who vied for the presidency on UTM Party ticket – and Lazarus Chakwera of MCP are first and second petitioners respectively.

Mutharika was declared winner with  38.57 percent of the vote, and  Chakwera was close on his heels, with 35.41 percent.

Chilima came in third, with 20.24 percent of the votes.

The opposition claim the results were not a “genuine reflection of the will of the people of Malawi” and complained that figures on many vote count sheets were altered using correction fluid.

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28 replies on “Court includes Mutharika in presidential election case: Made first respondent to Chakwera, Chilima petition”

  1. you guys you did not understand him. he said that at naneso ndabeledwa koma ndawina amanena izo kuti awanyogodole awo akuzinyogodola yekha kkkkkkkkkkkkkk mistake

  2. Courts do not disturb Malawi ,we want peace to continue just give judgement to suit the majority.Peter has no support even if he dies now the whole country will explode into celebrations .Kwacha is falling .Pankhondo kulibe Judge,Mec Chair,Police,Doctor etc.Save Malawi?

  3. A Chakwera you are behaving like a non-Christian, just accept,, you are at the wrong place & God is not happy. How can about only half of Lilongwe registered voters turn up to vote? DZANJA LALEMBA ANKOLO

  4. Mudziyitsata bwino nkhani ..a khoti sanayitane APM chifukwa cha zomwe ananena..werenganinso bwino..A malawi ambiri muli ndi ulesi osachita analyse issues thats why mumangotengeka nzomwe mwawerenga kapena kumva nchifukwa chake mwaphula utsi pa chisankho chomwe chathachi. Ambiri mumavota pa nyasatimes , facebook and watsapp lero mukuti mwaberedwa hahaha!

  5. Munthu wamulungu Dr. Chakwera ankanena pa misonkhano yokopa anthu kuti ulendo uno palibe amene abele zisankho koma anthu ankaona ngati nkhambakamwa chabe. Mulungu wakuyalusani nonse obela zisankho ndipo mulandila chilango chachikulu ndithu kuchoka kwa Mulungu.

  6. A recorded speech can be regarded as good evidence of an intention to act or proof that a complaint is valid in a court of law. What Mutharika just said at Njamba supports the combined complaint of Chilima and Chakwera and proves that the 2019 elections were fraudulent and that the declaration of Peter Mutharika as a winner was either misplaced or unwarranted-should we say our MEC is a mess or the electoral laws need amendment?

  7. Kunena kwa ndithe ndithe nanthambwe anadzitengera. Finish finish talking nanthambwe took himself. Kkkkkk

  8. That evil woman showed us her evil way by anounce results prematurely. The same thing happened in 2014 how stupit are malawians to accept all the nonsense?

    1. You’re right Kennedy! You know what, these fraudsters were convinced and believed that if they are to rig again in 2019 Malawians and the opposition parties will react as they did in 2014!! Tsopano lino adabwa nazo kwambiri ndi chifukwa kulipo ndi kumangonyika basi……………like what we’re seeing, munthu yemweyo akuti chisankho sichinabedwe……………., yemweyonso amvekere ineyo ine APM anandibela mavoti ambirimbiri ku Central Region……………..

      Enatu ananena kale paja kuti alamu mwakulaaaaaaaaaaaaaa ………….. kkkkkkkkkkkkkkkkkkkkkk kkkkkkkkkkkkkkkkkkkk

  9. God will work with our Judges in order to deliver the justice for peace and tranquility to prevail in our mother land Malawi and to the satisfactory of Malawians who voted in 21 May. We will also be fasting to see justice prevailing in our country.

  10. Why pitting APM on the respondent position instead of complainant??? Though not a legal expert but common sense understands that MCP and UTM weren’t satisfied with results management by MEC and not APM. At the same time APM complained that he was robbed of his votes at Central region which means he is a complainant as well. How then is APM turning to be a respondent???:This world is full of surprises indeed.

    1. I APM is a respondent not a complainant because he hasn’t officially complained in the courts of Malawi. Am not a lawyer but but my instinct tells me that.

      1. Kudabwa kwanga kwina nkwakuti why putting APM as first respondent instead of MEC? I thought the complainants dragged MEC to court? May be am not following the issue!!

    2. APM never petitioned MEC or the court about the results so he cannot be a respondant or a complainant. However if MCP or UTM mentioned him as a suspect in the case then he can be summoned to respond..

    3. i would agree with you and what APM said was mere podium rhetoric and he said he was investigating and the results could be he was robbed or not. Chakwera has said things like blood shed and ending albino killings in 30 days . If all things were fair he shouid have been taken to task with this.

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