Court refuses to suspend enforcement of Malawi fresh elections judgement

The Constitution Court has refused to grant Malawi Electoral Commission (MEC) and President Peter Mutharika any suspension of enforcement of the judgement nullifying last year’s presidential election.

On MEC’s argument about the cost of conducting fresh elections pegged at K48 billion as basis for staying the Concourt ruling, the judges  dismissed this,  saying if there will be any costs to be incurred and losses made it will be squarely on Malawians.

Lawyer Charles Chidongondo Mhango  who represented President Mutrharika: Fresh elections to proceed

In its ruling, the Court said MEC’s argument that they need more time to conduct activities such as voter civic education doesn’t stand  as it is “luxury of time” and is dismissed.

” A successful litigant must not be restrained from reaping the fruits of his labour.If the party is seeking a stay order  it must show the court that such a stay is necessary by showing the court its evidence. In this case it is up to the Respondents to demonstrate what injustice will be occasioned to not grant the stay order. The case before us has a public interest nature as opposed to private law,”  said Judge Dingiswayo Madise on behalf of the panel of five judges.

Lawyer for Saulos Chilima , Khumbo Soko says he is happy with the ruling.

On the other hand, lawyer for Mutharika, former Attorney General Charles  ChidongondoMhango says he has accepted the ruling “we tried and did our best”,

Mhango said he welcomed the ruling as his comment but will give a report to his client on what to do next.

“[President Mutharika] First respondent’s application is dismissed entirely,” ruled the court.

“The application by second respondent (Malawi Electoral Commission) is dismissed in its entirely.”

Constitutional Court found that the electoral body incompetently managed the May 21 2019 Tripartite Elections, especially in the management of the presidential election results.

The ruling established that the 2019 voting process had been marred by serious irregularities.

Electoral Commission had also failed to address complaints before announcing results. Tally sheets lacked monitor signatures and several accepted tally sheets that had been corrected using Tipp-Ex.

The court annulled the election and called for fresh elections within 150 days from February 3 2020, a judgement which the electoral body  is appealing at the Supreme Court of Appeal.

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152 replies on “Court refuses to suspend enforcement of Malawi fresh elections judgement”

  1. Truth hates. You mean 10 years in judiciary still Tumbuka people. Go to school and learn the meaning of quorta system. We need quorta system in judiciary as well. 1. Blood in their hands0 years you can’t be ashamed of yourself that this is total day light tribalism. I don’t know that there are some idiots who are against the move to change judiciary.
    Munya muona Peter will still rule. MCP will never bounce back over my dead body

  2. Why are these insane DPP and MEC trying to waste peoples time on appeal.Honestly,do they think they can win the case?Even if you buy these judges a state house each judge the verdict shall be the same.What a sheer waste of time

  3. If saulosi is greedy he will be alone or join dpp
    But Malawian are stupid because of katangale
    Let Mcp n Utm be in one group to kick out peter and wrotten ministers

  4. I think this so called Kuswa Kuswa is a fool, though am not a tumbuka but why mention tribes about judges? these judges have been there more than 10 years and who appointed them? was there any Tumbuka president to appoint them/? Judges are appointed on merit and some of these will be going to supreme soon. Ndiye ngat achuluka ndi atumbuka sikufuna kwao koma ndi mmene zikukhalira basi nafe tiyeni tione ma magistrate akwathu kuti akupanga bwanji so that they are promoted. Nanga zokachotsa warrant of arrest usiku komanso isali yako ungapatsidwe nazo u judge? breaking the law for money but at the expence of your career.Alikonso atumbuka ena sangakhalenso ma judge coz anaononga career yawo coz of money. Brilliant lawyers but useless in thier conduct.

  5. If God put President Arthur Peter Mutharika on the throne. Let him continue. Malawians prayed for a good president and God gave you President APM.

    1. Tippex president so you mean God can stand so low to allow cheating in choosing a leader? May he give you wise to know whats right way and wrong way with evil and whats good! whats ethical and whats unethica, whats truth and whats untruthl!! Lastly whats justice and whats injustice

  6. zoona moyowu uli ngati perete ndani amadziwa kuti APM angapite ku court kukafuna chilungami? kkkkkkkkkkkk momwe amalawi amathamanga thamanga muja munkalalata ngati madolotu kkkkkkkkkk stupit thieves………………

    m’malawi muno tinkapemphera kuti padzakhale chisankho cha chilungamo ndipo lero zaonekera kuti zinaberedwa ndi hule wa satanic Jane Ansah mzimu wake uuse mumtendere

    nonse amene mukulira makamaka amene mwakhala mukudya nawo ndalama zakuba pepani uko ndikulira kwa anamfedwa……………………………………………………….

    chimene ndinganene ndichakuti satana saferatu chifukwa ndi chiwanda ndithu

  7. koma ndie mafana mwachepa ife ma cadets tili nganga pa mbuyo pa APM . Ende kaya tiponyaso tikumbambazanibe
    kaya mupanga mugwilizano ndi mwana wa UTM wachipongwe uja. MCP ndichipani chankhanza ndipo sizingatheke kuti ilowenso mu boma palibe mwampha anthu angati .

  8. Unfortunately there some People who Still don’t want to Wake UP ….The Era of Tribal Politics is coming to an End …I don’t think those who Framed Our Constitution had the Intention of Dividing Malawi on Tribal or Regional Lines ….So that the Tribe or Region with the Most People controls all Potical Power….This is the Time of 50 +1 where All Tribes ,Regions will have a Say on who Becomes President ….If Some people can’t see the Bigger Picture…..Ndie kuti muli ndi VUTO ….A worthy Constitution must Keep a Country Together not break it as First Past The Past is Doing…

    1. unfortunately you are using the word tribalism referring to wrong group if we have a party which is entirely tribalistic is MCP Its entire support its chewa chewa everywhere

    2. We are in this sh*t because of Kamuzu, he is the Godfather of tribalism and MCP will continue doing exactly like, so is UDF and DPP they were just following the trend which was set after 30 yrs! So who will serve us all Malawians despite where we come from? none! they all want to settle a score. If you follow our history you will see where it all started and you can see also where it will end. I am afraid’, but it is every Malawian for themselves until we will have a leader with every Malawian interest at heart, not this cheap tribal politics. A luta continua.

  9. DPP lawyers turned politicians are influencing and confusing MEC decision making big time. As a result of continued influence from DPP Camp. MEC rushed to court on very obvious legal issues in the process just wasting tax payers money and time to start preparations for the Presidential Elections rerun.It is equally a big waste of tax payers money and time to appeal against the very clear and well articulated Con court presidential elections judgement.The appeal is not in the public interest at all, the public needs justice in the way a person who sits on their taxes is appointed not through Alfundika and Jane Ansah manipulation.

    It is surprising that DPP and MEC are not reflecting on the loses they have encountered so far, just to name a few:
    1) Failure to prevent the Presidential Elections case on preliminary grounds:
    2) Loss of Speaker position to MCP
    3) Nullification of Mangochi Parliamentary seat results
    4) Numerous objections by Kalekeni Kaphale were overruled by Judges during the court hearing
    5) Exposure of the Judges bribery attempts by DPP Camp
    6) Nullification of presidential elections results
    7) Dismissal of Stay order of Concourt Judgement

    1. Every sane person can see that the appeal case is unwinnable except a few deliberate blind individuals who would like to waste everybody’s time and resources. As for Jane Ansah not resigning, i just feel pitty for her. Wat type of legacy is she going to leave. It could be wise if she protected the small respect left in her by negotiating a good take home package then resign or constructively allow the President to fire her.

      1. NGAKHALE MUTATI LERO DPP IKUWINASO MULILA NGATI MWANA KUKHALA PHEE SIKUPUSA MUONA CHINAMETA KHANGA MPARA KACHIKENA DPP MOTO KUTI MBUUU

        1. MWAnayo mukapanda kumuva zomwe akukuuzani mudzanongoneza bondo pati bii paliminga wayambakale kunjenjemera akufuna omuthandiza ngemu yamukulira yekha dpp mdakatundu omanga ndi mawaya

  10. AKANAYENERA KUPELEKA MPATA KWA MA JUDGE ENA KUTI AVE MLANDUWU THE SAME ONES,APAPA IWO AKUCHITA DEFEND CHIGAMULO CHAWO

    1. Mukadzadziwa mmene zimayendera simudza nenanso idzidzi. THey will still be given opoortunity to be heard at another level but za utsiru akufunazo ayiii. Tisamayendee zopusa ayi

  11. I was surprised to hear the judges saying the Supreme court will not take time to go through the appeal case. Are the 5 judges dictating the proceedings of the Supreme court???? Did the Supreme court give them a time frame to hear the opposition case?????? Am so surprised. It appears they are having other nicodemous meetings with the supreme court judges or else there is some kind of conspiracy. Will not be surprised if the appellants lose the case again. Why the High Court is pressing for the parly to remove the commission quickly???? Why they want the president to be stripped off powers to enact the commission very quickly??? Why they need 50+1 very quickly????? I FEEL WE NEED A REFERENDUM FOR ANY CHANGES TO THE CONSTITUION. EVERY MALAWIAN SHOULD HAVE A SAY ON THIS NOT ONLY THE TIPPEX PARLIMENTARIANS WHO WERE IRONICALLY VOTED INTO POWER BY THE SAME TIPPEX THEY ARE CRITICISING!!!!!!

    1. You don’t know what you are talking my bro, these Judges they know how supreme Court procedures work, there will be no witnesses and alike, they will just go straight to the point , though you are Cadet but just hold your temper,

    2. It is obvious they will lose in any court ngakhale atapita ku bwalo la Pilato, sakasambanso m’manja koma kungowakwapula ndipo akalira mayomayomayo agalu amenewa. Munya muona, you are lucky that you are using tax payers money.

    3. very true on top of that why zinthu zikumapezeka pa social media pomwe anthu kunja akudikira chigamulo koma chigamulo chapezeka kale pa social media ?????

      1. Becoz the issues are obvious – doesnt need to be a lawyer to conclude koma nanga si ma lawyer athu amafuna la mchere so they go to the court, assuring their client that they will win but knowing very well that they wont. APM being a legal person knows very well but still agree to such applications.

  12. APM, mwamva zomwe zachitika ku khoti? Ngati mwamva mupitanso pa TVM kukaliuza dziko kuti mukulowera kuti? Chitani manyazi ndinu wakulu, bwanji muwapatße mpata achinyamata mu DPP akuthandizeni kuyendetsa chipanichi?

  13. Atumbuka have infested the judiciary. You have some of them on bail for mafia type of crimes working in cahoots with those in mainstream. The country needs to wake up to this reality and ensure that this puny idiotic diatribe does not shape the destiny of the Malawi nation. They tried through the education sector post independence but Kamuzu, Mama and Zenasi Ungapake shut them down. They have always tried and have now penetrated the myopic anthu otuwa anyau and disgruntled opposition henchmen and are operating under the rubric of Malawians. We are also Malawians and should not tolerate this attempt to isurp leadership. Let’s draw real strategies that will stand the test of time in showing the stupid Tumbukas polekera.

    1. Northerners are doing likewise just to educate u Gondolotsi tribe that still u are under our armpits.

      You may have your clueless president with u but don’t step on our toes of blessed tribe otherwise these are results. We will do our best to undermine this poor leadership till u cry foul.
      Anyone coming from Gondolotsi tribe won’t enjoy the leadership of this nation untill northerners are given space to decide their own destiny.

    2. Ukhaula, ku judiciary sikukhala mbuli ngati iwe. Nonse pa ntundu wakwanu ngati pali ophunzira kwambiri ndiweyo pakuti uli ndi MSCE ndiye mungapite patali? Agalu inu, mukhalira zomwezo. Mukakwera ndege ndiya ufiti kapena mwamwayi agogo anu akutengani kupita ku UNGA ma rubbish

    3. @Kuswa Kuswa from today I will be taking you head on if you keep on insulting other tribes. What is special with your archaic thinking tribe. Do you think lomwes are perfect? Selling gondolosi is not a sign of being modern. Think twice before you condemn other tribes. If there is a tribe that still live in stone age that tribe is lomwe, a tribe that can’t think outside its limited scope, a tribe remote of progress, a tribe incompatible of living with modern times, a tribe at the heart of transmitting Hiv/Aids through their numerous lady bar consultants. Every pub has a lomwe bar consultants or is it bar girls?

    4. Wouuuuuu!!! I wonder if you are a Malawian or you come from Rwanda where Hutus and tutsis were killing each other I rest my case

  14. KKKKKKKKK INU A MA JUDGE OSANGONENA KUTI MUKUOPA HRDC ,MCP ,UTM BWANJI ?CHIGAMULO CHANU CHO SIKUFUNA KWANU IFE TIKUDZIWA KOMA KUTI MUNASANKHA BODZA CHIFUKWA CHA MANTHA NDI ZOMWE MCP YAKHALA IKUNENA NDIYE MWAKUMANA NDI JANE ANSAH(THE IRON LADY) FILM YANGOYAMBIKA TIONERE .NCHWICHECHECHE JHWENJWE NCHWECHECHECHENJHENJWE chomaliza kudzangotulukira pamen paja chadiso limodzi chitanyamula chain pomwe IRON LADY JANE ANSAH wabvala nsapato yayitali yokhala ndi mpeni ku tsogolo koma chomaliza cha ndebvu zoyera sichikudziwa kuti IRON LADY amaswa osakhala masewera kkkkkkkkkkkkkkkkkkkkkkkkkkk tionere zimenezi

  15. Those 5 arrogant judges have just shown how nasty and biased they are. To say that public money can be wasted because it is the people’s money shows how out of touch they all are. If the Supreme Court suspends the ruling, what will they say? People are so poor in this country and we cannot afford the luxury of wasting money on useless things. Their credibility is now on the line.

  16. The judges remind me how the law can be abused and this was nicely articulated by Mcebo Dlamini
    “It could be that the technicalities of the law and the courts are just being used for an ulterior motive. This is quite possible as I have often cited, that the law is not without ideology. It is not an empty vessel that is incorrigible. It is also vulnerable to abuse” Mcebo Dlamini
    Malawi democracy has just been raped by the Tumbuka mafia that is masquerading as judges

    1. It’s true that now Malawi is becoming more transparent on democracy we saw viva Malawi viva the strong hold judgement that has been just passed

  17. Tho judgement was obvious, how can the same judges who gave the verdict expect to change this Tim around. Apa palibe chilungamo the issue here is not about justice but its about who is exerting more pressure.
    The judges, so it appears are bending towards the wishes of MCP/UTM with Mtambo and his so called hrdc spearheading the threats and pressure on the learned men.

    Tho issue needed international judges, if that is possible, otherwise there is a complete miscarriage of justice here.

    1. Kaya umati Lesbian or Plebian whatever, the international world if I may call it that way has already recommended what the five judges did unless you stay in another planet

    2. I don’t know which international judges you wished for but I my mind I can understand that you are are one of the pipo who thinks that green pastures are only on your neighbors side, next time try to create your own green pasture and understand the laws of our country, don’t end up like that judge who canceled a warrant from his fellow judge

  18. Best judgement ever!APM and his Tippexed MEC are just concerned with getting more money and breaking our knecks.

    MUKAGWERE! CHAKA CHAKE CHINO-MUONA TUBZI!

  19. These five judges should retire at the current grade. Their decision making is influenced by other matters other facts before them.

    1. They are behaving as if they are the Malawi Law Commission.

    2. They have personalised court proceedings, was it difficult for them to excuse themselves from hear the latest application by MEC and apm?

    They seem to be suffering from inferiority complex. That their previous work was never noticed

    1. The judges didnot personalise the case. They were actually moved. Ask lawyer Mhango counsel for APM akuwuza zifukwa zapangitsa kut nkhaniyi imvedwe ndima judge 5 omwe aja

    2. People like you should not have access to the Internet. The 5 judges had to hear this application not because they wanted to, but because the law requires that the same judge(s) who made the ruling should be the same one(s) to grant the stay or suspension. Once those judges refuse, then the applicant can go to a higher court with a fresh application, showing the refusal by the concerned judges as proof that the applicant followed the process.

      Chonde muzimvetsera’ko wailesi kuti muziphunzira zithu zinazi musanathe mau…

    3. Dont wirry Cdet the Bible says that you reap what ypu plant. Now its time for DPP to reap what they planted. You used to bribe or control the Judiciary & now it has grown teeth youre about to cry this is just the beginning you will feel it when the grip of power slips right from your fingers.

    4. Sometimes u need to understand court procedures be4 commenting. It’s Court’s practice that an application for stay shld be brought before the same court that had made the decision that needs to be stayed

    5. I didn’t know cadets still exist 🤣🤣🤣🤣. It’s refreshing to read your silly opinion Mzeedi. I added my dislike to your comment. I think you will break the record for the most disliked comment on Nyasatimes lero.

    6. Having said all that, when is MEC folding? They have done the Nation enough damage. The will of 60%+ was completely ignored at the expense of pleasing one APM.

    7. That’s the problem of living in a favored environment where the society norms and legal systems are bent to save you. Apparently that has fallen off and now you are facing the law just like the rest of us. I can assure you that you are going to find it tough because that’s it is TOUGH.

    8. Stop these ridiculous, wild and unsubstantiated accusations. Kodi mukuona ngati DPP idzakhala muyaya kumakweza or kumagawa ma udindo to mbava and mediocre. “Inferiority complex?” Learned judge akakhale ndi Inferiority complex kwa ndani? And for what reason?
      Kuzipompa ngsti finye to people who are given positions they don’t deserve, kumadzimva as if muli pa mwamba anthu Inferiority???

    9. Words are cheap…. say whatever you need to say in your deranged state to enforce whatever wacky belief you have for yourself.

      We are just having a glimpse into the incompetent mind of DPP. Time up.

      Lesson, Evil doesn’t always win!

    10. Mzeedi, you seem to be some kind of an idiot! where is your logic in your argument? This is a very serious matter and the Constitutional Court is treating it as such. Unlike the dull old man, Mutharika and the cheap mischievous woman Ansah, who want to waste our time and money on rubbish! The ruling happened according to the finding and it wont change.

  20. Ndiye when is Jane going to resign? Kapena tipata ku International court of justice.? Amene ali ndi # pant ya Jane andipatse pliz ndimufunseko

  21. How can the same judges rule against their own opinion? They cannot. They are acting like Gods. We will show them. Our MPs will be united to stop this madness.

  22. DPP and MEC continue to loose,and the big loss of election in 5 months time is coming. Taking Malawians for granted is a big crime. Dpp must go wherever it came from and MEC commissioners should resign tomorrow all of them, education has not helped them, interms of leadership skills,they don’t have these skills at all.kukula mtima basi.

  23. My advise to MEC and APM is that please don’t give up until these idiots are defeated. God is with you and will always fight for you. You may feel neglected now, but let me assure you that God will never leave you alone. Ine I know that MEC did its work perfectly and Peter did not connive with anybody to rig the votes and The Almighty God knows this. Let us keep on praying God will defeat your enemies. You will believe me.

        1. Utumbukaso ulipati apa, tazingolilani basi, manyazi ulibe mkomwe,mamina fee fwfwe fwefwe fee,pitani uko musatinyasepo apa! Ununkha mkhwapa. Zikagulitsa Nthochi.zikapanga za Fisi uko.

    1. Your folly is that you cant read God’s handwriting on the wall like King Belshazzar, God is not on your side on this matter. You are consulting a False spirit.

    2. People like Mayi Mwana is the reason malawi will never progress. They are blind followers of a party. they do not see any wrong with the way DPP has been managing the country. It makes me sick that such people can even use the name of God. Shame 100% over

    3. Mwati bwanji Mai Mwana? I didn’t want to comment today but after coming across this comment, I thought of say something. Mayi Mwana, the God you are talking about is not the one whom you mean, be serious my friend, this God should start with a small G which will represent ( M,bona) cant you see that God has abandoned you and your leadership in this Country? Kikkkk let them believe you or in you? You are nonsense in this Country. Repent so you see exactly the God you are trying to bring him in your DPP! Useless

  24. I believe what is best for Malawi is to divide it into three countries, Northern Malawi, Central Malawi and Southern Malawi. The will of 38% of the population has been subverted. I know that some tumbukas will hull insults at me for saying this but who cares.

    1. May the Almighty God forgive you for habouring particular hatred for the Northerners. You had rightly said your solution to the current political issues is by dividing Malawi into three, why then negatively pick North in this????

    2. Renaissance,
      What a big idiot u are, this battle between south and center for power makes Tumbukas become the referee, have u seen how Tumbukas regulate your squabbles? You want to appeal to supreme Court which is highly controlled by tumbukas? Mwagwa nayo basi

    3. 38% yoberayo… it was virtually 15% of the vote if that. Look at the peace and minimal outcry after the 3rd Feb verdict.
      You have minimal followers

    4. Your leader never got even 15%. You should be very dull. For over 2 months people argued in court kuti munabera to get the so called 38%. Unali kuti? sumaitsata nkhaniyo? the court annulled the elections because you did not get your percentage in the right manner. get that to your head

  25. The same biased judges cannot give a different judgement because they have an agenda to usher in their friends and relatives into power. It is the country that will have wasted the money if the judgement is quashed. That money could have been put to a good use. Besides, they are fermenting an intense tribal conflict which will end up consuming them.

    1. Agreed, the judiciary pena how it works leaves a lot to be desired. It was best for the application to be heard by independent judges not the same ones. Kikikiki mlandu uwu ukuvuta chifukwa ma judge nawo adavota nawo.

    2. SO YOU ARE ADVOCATING FOR SILENCING JUSTICE JUST BECAUSE OF MONEY. KODI SUKULU YOMWE MUNAPHUNZIRA NDE ITI? D.E.C.? MWATANI KODI HEHEHEHEH

    3. DPP is stealing a lot of billions therefore 48 billion is nothing as compared to what is being stolen by these thieves.

    4. # YAYO
      PLEASE, GIVE US A BREAK ! WHO TOLD YOU TO BECOME A LHOMWE OR A DPP SUPPORTER. ? 😂😂😂

    1. dont talk about tumbuka galu iwe they went to school those guys u guys ur job is to be a tenat for us and farm for us here in Rumphi mzimba karonga chitipa and nkhatabay kkkkk.

  26. Sad development MEC and APM should not expect anything positive coming from this court because it seems all the judges have made their mind. It will be worse even at supreme court because most of the judges at the supreme court are from the north and this will be their chance to get even with APM. Instead of wasting time with these useless court battles APM should go flat out to campaign and this time should pick Atupele as running mate and once elected leave the mantle to Atupele to run the 5 years while he constructively retire. If anything those who want to take government should take it from UDF where DPP took it,

    1. So your jezebel Ansah s from the north? Even uyu wolandira ziphuphu chikulungayu kaya chikopa ndiwaku north? 🤣🤣🤣🤣 Mukodza simunati

    2. @Tung’ande
      It is Justice Kenyatta Nirenda whose dubious ruling made APM win his first term in 2014. Justice Mbendera literally cried in front of the cameras because of a decision made by what you call biased judges from the North.
      Move out your blue glasses you use when stealing government coffers, then you will see reality like most Malawians. Justice.

  27. The people are double distilled idiots of deepest dye. They expected the same court that made a ruling to offer a different ruling and even more after insulting those who made the ruling. And they still believe the supreme court will come up with a different verdict as well. SHAME

  28. This is a miscarriage of justice. If the Supreme Court arrives at another decision, then what? I would mean that the July 2020 elections would be quashed. I see tribalism and hatred of DPP as the motive for rejecting the plea to suspend the order until the Supreme Court has taken a decision. Atumbuka have taken over through the judiciary.

    1. And I am happy that you acknowledge that you are no longer in control. A tumbuka chief justice, a tumbuka speaker, a tumbuka army commander. Shaa I am enjoying this. I am chinyau but what’s pleasing is the fact that the indomitable lion has been tamed. Ohoo I forgot the freedom fighters chair is also northerner. Koka.

    1. Actually when the country starts running smoothly everybody will benefit. No tribal politics in the end as espoused in the vision 2020. Remember we are in the year 2020. Bakili’s vision 2020 shall be vindicated

      1. Dpp munaononga nokha pomakapereka ziphuphu kuti mlandu ukuyendereni bwino kumeneko kunali kuvomereza kuti chisankho sichinayende bwino.

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