Court orders consolidation of Malawi electoral petitions by MCP, UTM to one case

Lilongwe High Court Judge Charles Mkandawire has ruled that presidential elections-related cases filed separately by UTM Party and Malawi Congress Party (MCP) be consolidated and heard as one and should be referred to the Constitutional Court.

An MCP supporter carrying a placard during peaceful protests on Tuesday

MCP, which alongside UTM Party led by the country’s immediate past vice-president Saulos Chilima, is challenging results of the presidential election in which President Peter Mutharika of DPP was declared the winner followed by Chakwera and Chilima in second and third place, respectively.

High Court Registrar Agnes Patemba has confirmed that the matter will be given to Chief Justice Andrew Nyirenda for certification  to be heard in the Constitution Court in accordance with section 9 (3) of the Courts Act.

Justice Mkandawire observed in his ruling that both cases relate to “common question of law” and that they arise “out of the same transaction.”

The judge also ruled that “there is no good and sufficient reason” for the two cases to continue separately.

He also made a determination that the two cases are “constitutional in nature.”

In a case filed at the Lilongwe Registry of the High Court of Malawi by lawyer representing MCP, Titus Mvalo, MCP is the first claimant with its president and presidential candidate in the elections, Lazarus Chakwera, as second claimant while Malawi Electoral Commission (MEC) is the defendant.

MCP contends that Mutharika “won a fraudulent election” fraught with irregularities, including alleged stuffing of ballot papers with pre-marked ballots, tampering with election results sheets through correction fluid and being found in possession of  result sheets at home.

MEC declared Mutharika winner of the presidential race with 1 940 709 votes or 38.57 percent. The electoral body said Chakwera was on second position with 1 781 740 votes, representing 35.41 percent of the vote and Chilima, who debuted on the presidential ballot on UTM Party ticket after falling out with Mutharika last June, finished third with 1 018 369 votes or 20.24 percent.

UTM on Friday also filed with the courts its challenge of the presidential election results. Like MCP, UTM is seeking nullification of the election results.

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Tsamba Likagwa
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Tsamba Likagwa

Don Dada ndi Nkhoma dont comment on things you dont know. muonetsa umbuli wanu mgulu mwa anthu

Tsamba Likagwa
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Tsamba Likagwa

Mrs satula pansi udindo. Akatula ine ndikakolopa Lake Malawi Pali nkhani yotulira udindo apa?

Inu muzingozikanda basi

Tipex Janensah
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Tipex Janensah

I thought this was just a common sense issue. Doing it together. This spirit of me me me is what has put us into this situation. If you guys had swallowed your pride and supported one candidate today these thieves would have been in prison. For once please swallow your ego and pride, sit on the round table and talk. We don’t want DPP thieves in this country. For the sake of Malawians please unite and fight this battle together. If it’s the case of finances agree and don’t be shy to ask all of us the supporters. We Malawians… Read more »

Bonney Phiri
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Bonney Phiri

Mrs Tipex aliko alinjenje kuti nditulenso pansi udindo wandala ngati uyu,akutha kudzifunsa kuti ndinkaziyambiranji ine,akamati chowuluka chimatera iyeyo ngati ankangomva lero nde adziwa! kwaine akamati kuipa mtima ngati mfiti yaikazi,mwambi uja ndinkawona ngati ndiwabodza mmmmmm ndinaonera pa Ansah ndithudi anthuwa siabwino ayi!

Jim Banda
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Jim Banda

Peter Mutharika and DPP is the best president you will ever get for Malawi. He has done so much for the country in terms of development and keeping the rule of law. Be thankful for what you have.

Other candidates and parties like Lazarus Cakwera and Saulos Chilima are thieves, looking for their turn to steal.

This was a free and fair election.

Tsamba Likagwa
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Tsamba Likagwa

Mulila simunati. Uku Boma likuyenda

bububu
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bububu

Malawi will never change with fool of corruption starting with those you call them justice those are not justice those are thieves they are here for money not justice

Harvey
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Legally… a weak case.

Joy
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Joy

A simple win for MEC.

mtete
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mtete

No Neutral Person, MEC did not address all the complaints. How about use of Tip-Ex?