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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Mr Chakweri
9 months ago

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

Lego
9 months ago

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

Janna manta
Janna manta
9 months ago

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

Kamuzu Banda
Kamuzu Banda
9 months ago

Peter ndi ma minister are ones ndi zitsiruuuu
Nose okubaaa

YOSWA MKONYOFU
YOSWA MKONYOFU
9 months ago

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… Read more »

Voice of Reason
Voice of Reason
9 months ago

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.

Mandado@147
9 months ago

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

Mangochi Kabwafu
Mangochi Kabwafu
9 months ago

Through tippex.

Gongoni Wakuda
Gongoni Wakuda
9 months ago

Mamina okhaokha in your head

kafodya
kafodya
9 months ago

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

Ntumbuka wa nzeru
Ntumbuka wa nzeru
9 months ago

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 .

Nalingula
Nalingula
9 months ago

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… Read more »

chilungamo pa chilungamo Obanda
chilungamo pa chilungamo Obanda
9 months ago
Reply to  Nalingula

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

Ndaziona
Ndaziona
9 months ago

I am not a Chewa but I support MCP and there many of us.

Aphanaokha
Aphanaokha
9 months ago
Reply to  Nalingula

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… Read more »

PATRIOTISM
PATRIOTISM
9 months ago

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… Read more »

Nzeru Banda the Political Analyst
Reply to  PATRIOTISM

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.

Joni
Joni
9 months ago

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

Joni
Joni
9 months ago
Reply to  Joni

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

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