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.
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.
Don Dada ndi Nkhoma dont comment on things you dont know. muonetsa umbuli wanu mgulu mwa anthu
Mrs satula pansi udindo. Akatula ine ndikakolopa Lake Malawi Pali nkhani yotulira udindo apa?
Inu muzingozikanda basi
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 wants to see the back of DPP.
#Together we stand, divided we fall, Long Live Malawi.
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!
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.
Mulila simunati. Uku Boma likuyenda
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
Legally… a weak case.
A simple win for MEC.
No Neutral Person, MEC did not address all the complaints. How about use of Tip-Ex?
Will MCP And UTM consolidate also? The two are bitter rivals whose leaders each wants the presidency. During presidential debates one could see that Chilima And Chakwera are enemies . Will they pursue a common case in the courts ? Will the two leaders agree ? I doubt . Onse ndi okula mitima. Now it’s good the case has been referred to the constitutional court. Leave the court to do its job while you are paying heavily legal fees
Divide we fall UTM MCP work together this is a second call! You should have done that before instead of castigating each other!
What nonsense is this referral to Constitutional court?
The evidence is everywhere that the election was faulty. Garbage in and we got garbage out. We are ready to die in the streets for the love of Malawi.
Of course filed by MCP and UTM, Malawians are tired of fraudulent activities in governments and agencies, which makes taxes prone to the many gates. If the president ascends to power through fraudulent means, it is eminent that the government being formed will be ran with corruptions and theft of public resources. It give a very bad foundation for the government. We are saying NO to such acts because it will have far reaching consequences to our nation, where theft, corruption, leaking exams and vote rigging. No good for our society at all, hence the need to fix this now!
I support MCP and UTM stance. This looks bad. How did Jane allow this kind of results to be accepted. This put into question the credibility of our democracy. This has to be corrected.
If you Judges play a fools game and try to shield Peter, Just know this revolution will target you as well. Ufulu mukudyelerawu, anthu ena akhesarapo mwazi. We will therefore not tolerate foolish by few misguided judges.
Nde zitinso……
By consolidating the two cases and sending the case to constitutional court then it is the end of the case. The issues to be looked at are as follows:
1. Was MEC constitutionally made a good reason to release the results whilst Madandos not addressed. Answer, The act says that MEC can release the results once all complaints are addressed to and they addressed all madandos.
2. Was is constitutionally party requirement to have monitors? Yes the party monitors were registered with MEC and they did there job.
3. If the Party monitors did not do a good job was MEC constitutionally at fault? No but parties
Judgement
Watch out
Did you say Andrew Nyirenda will lead the case? Another loss to MCP/UTM is imminent. Akanakhala Charles Mkandawire yekha bolani. He is among the few that I respect. Koma uyu, Andreya Nyirenda ayi. Dziko lawola!
Judge shopping….Koma munya chaka chino
To the same Corrupt Chief Justice Andrew Nyirenda with his team of corrupt judges such as Jane Ansah, Legal profesion is a bloody profession, no wonder the first thieves to be burnt alive in Hell will be from the legal profession!!!!
My friend you can withdraw it and take it anywhere you think there is justice be it Nkhoma Synod Session, PAC disciplinary committee, etc, for determination, we are not afraid of rerun or 50+1.
DPP can not and will never lose to a party which relies on only Chewa who represents 35% of the population to get 35% of the national vote! I don’t know if this is not tribalism at its best then what is.
DPP has been massively voted for by 19%, 13%, 8% and 2% of Malawians of Lomwe, Yao, Sena and Southern Ngonis respectively. You call us a regional party yes but that is much better than one tribe MCP.
My friend SKC come and work with us because these people cannot help you. Since 1994 they have been voting massively for MCP while the Southerners move with time. We were UDF, then now DPP and we are ready to go to UTM as long as you don’t speak too much I’ll of our current choice.
War is eminent guys. Lets pray hard. This judge is doing deliberate move to sabotage the cases. But am sorry to say you will never succeed as Malawians are not ready to be governed with minorities. Just know that you will vomit all those bans as you will be man handled. Tiona kuti ndalamazo mudyera kuti.
Just know there is over and above 60% against Peter.