Court rejects bid to extend ballot inspection: Malawi Electoral Commission application ‘ill-conceived’

The High Court sitting as a Constitutional Court has rejected an application by Malawi Electoral Commission (MEC) to extend the inspection exercise of presidential ballot in the case where two petitioners are seeking nullification of the presidential results in the May 21 Tripartite Elections.

Court ordered specific disclosures by the electoral body, including provision of documents on audited election results to the court

In the case, the country’s immediate past vice-president Saulos Chilima, who represented UTM Party in the presidential race, is the first petitioner while Malawi Congress Party (MCP) president Lazarus Chakwera is the second petitioner with President Peter Mutharika and MEC as first and second respondents, respectively.

The Justice Jane Ansah led electoral commission applied to court, through an ex-parte- to extend the inspection period which ended on Sunday, arguing that it was not enough to asses all the said documents.

A panel of five judges of the High Court of Malawi comprising Healey Potani, Dingiswayo Madise, Ivy Kamanga, Redson Kapindu and Mike Tembo could not grant the second respond their wish, observing MEC’s application was “ill-conceived.”

The ruling said: “The court finds the application ill-conceived on the ground that the disclosures as ordered by the court were sought by the second petitioner (MCP) and not the second respondent (MEC).

“In any event, the materials, the subject of the order of disclosure, are documents emanating from or authored by the second respondent (MEC) itself. Therefore, the application is dismissed.”

Commenting on the court’s decision, governance expert and analyst Makhumbo Munthali told Nyasa Times that MEC seems to have wasted it’s time with a focus on discontinuing the case instead of preparing a good counter evidence to UTM and MCP submissions.

“MEC is simply applying delaying tactics in order to buy more time to prepare after the High Court rejected their plea to discontinue the case,” he observed.

“However, it is in the best interest of all parties involved and of course the general public that the case is concluded in good time. Any further delay is unwarranted. It is on this basis that the Court decision must be commended,” said Munthali.

But private practice lawyer Tamanda Chokhoto, representing MEC in the case, their extension bid could have “benefitted everyone involved in the case.”

Prior to commencement of hearing on July 29, the parties to the case are expected to exchange documents, including sworn affidavits and evidence.

Currently, there is tension in the country as civil society organisations, through Human Rights Defenders Coalition (HRDC), have been organising nationwide protests to force Ansah to resign for allegedly presiding over a fraudulent elections.

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dalo
dalo
1 year ago

zonse ndinthawi mumayenda mbali kkkkkkk,KOMATU TAKHALA TIKUNENA KOMANSO CHILIMA WANENA MOBWELEZA BWELEZA KUTI ZINTHUZI ZOSIILANAAAA………NGAKHALE MUNGAKHALEPO BWANJI MUKUYENELABE TSIKU LINA KUZISIYA.Funso langa ndilakuti mukazisiya mulibe milandu?????? kkkkk mavuto alipo.This is why you still cling to power trying to delay THE BIG DAY!!!!!! LIKUBWELA TIFUNE TISAFUNE,DZIKO LA MULUNGU ILI.

Kanyimbi
Kanyimbi
1 year ago

Mukuona ngati kuchedwetsa court mukukhonza aaah! simukuona mademo akupangidwawa ndichizindikiro kuti APM sakufunidwa shaaa! anthu sasiyatu mademo mpaka mulephera kuyendetsa dziko Sudan Style shaaaah!

THE APOSTLE
1 year ago

AMBUYE DALITSANI MALAWI …..MAY THUNDER FIRE DPP AND ITS CREW….FROM NOW ANY CAR IMENE AZIGWILITSA NTCHITO IZICHITA NGOZI MPAKA ONSE ATHE….

Maunitsi
Maunitsi
1 year ago

The judges already have seen how crooked dpp is in this country. Nankhumwa went to address so that they do not loose hope on the ongoing elections court case shame thieves things are not ok you can not rob victory Chakwera God slowly but sure bring glory to Malawi nation through our beloved Malawi High Court judges.

Gold Ruyondo
Gold Ruyondo
1 year ago

Justice delayed is justice denied .

Sahara
Sahara
1 year ago

According to Jane Pitala Ansah during the Zodiac interview, all the 147 madandu were taken care of before announcing that Pitala mbava ya K145 million yathu won the election. So why would MEC need more time to investigate the same 147 madandu that were already taken care of? Playing delayed tactics so that they can get more billions from the Malawi Treasury department. How sad.

Madala Ngwazi
Madala Ngwazi
1 year ago
Reply to  Sahara

you are talking sense

Nambuma Girl
Nambuma Girl
1 year ago

Kikiki zakuvutani inu a MEC, Peter, Jane Tippex Ansah, mukufuna kuti mukonze chiyani mmene mukunena za inspection extension? Mwakhaula. Mukuona ngati ife kusala kudya, kugona kuphiri, Mulungu angakhale cheeeeete. No ways, we serve The Living God!

Nambuma Girl
Nambuma Girl
1 year ago

God bless and protect these “5 Judges of the Malawi High Court , Healey Potani, Dingiswayo Madise, Ivy Kamanga, Radson Kapindu and Radson Kapindu and Mike Tembo. God bless and protect you and your families.

Aka
Aka
1 year ago

The truth of the matter is that MEC Lawyers were not working on facts but conjectures. Now they realise how difficult it is to counteract the available facts. Lawyers were rushing to court to throw the case out because they knew that evedence will catch up with them.
Mwaliwona dziko. Nanga akanalola kuti ma account anu awonedwe, mukananyeledwa!

TOSH
1 year ago

KKKKKKKKK MWAGWA NAYO AMEC MWAKUMANA NAZO TIKAKUMANA KU KHOTI KONKO MAUMBONI NDIYE NDI ANKHANINKHANI

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