Court sets Feb 11 for hearing ‘suspension of enforcement’ on Malawi fresh polls

The High Court of Malawi has set Tuesday,  February 11 2020  as the day it will hear  an application from Malawi Electoral Commission (MEC) that that enforcement of the judgement by the Constitution Court (ConCourt) that nullified last year’s presidential election and ordered a new vote within 150 days,  be suspended pending appeal.

Lawyers will be back in court : No end yet of litigation process in the May 21 presidential elections case.-Photo by  Lisa Kadango

The appeal filed by MEC argues that the five judges erred in almost all their findings against the electoral body.

MEC asks the High Court that the ConCourt  ruling be set aside.

A sworn statement by commission chairwoman Jane Ansah who supports the appeal, says the ConsCourt overstepped its powers by ordering parliament to convene within 21 days to amend the Electoral Act.

In an order on Friday seen by Nyasa Times, and signed by High Court assistant registrar, Madalitso Khoswe Chimwaza, the Court has directed that “the hearing of the 1st and 2nd Respondent’s applications for suspension of enforcement of judgement be on 11th February 2020 at 9:00 am.”

The first and second  respondent, the order adds, should serve all necessary processes by 8:00 am on Saturday 8th February, 2020 and that the “Petitioners file and serve all necessary processes in response by 4:00 pm on Monday, 10th February, 2020.”

Further reads the order: “All processes to be served in both hard copy and electronic version…[and] during the hearing each [petitioners and respondents] shall be accorded 45 minutes to present its case.”

The suspension of enforcement of judgement is most likely to ruffle feathers amongst the citizenry who excitedly welcomed the ruling and have been celebrating since Monday.

Some quarters, especially human rights defenders on Friday expressed their discontent after MEC, the first respondent, appealed against the ruling.

Human Rights Defenders Coalition (HRDC) coordinator for the northern region, Happy Mhango, wrote on his Facebook page:”What MEC has done has prompted us at HRDC to shorten our recess. Anti-Jane Ansah demos reloaded…coming soon!!!”

President Peter Mutharika, too, the second respondent, has also challenged the ruling arguing there was a “miscarriage of justice.”

Ansah’s statement also asserts that the budget for a new election is estimated at $60 million, and she argued that a lot of money could be wasted unless enforcement of the court’s judgment is suspended.

She indicated that a new election could be possible by October  28  2020 instead.

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Mr Truth Pains
9 months ago

Instead of suspending the verdict of 5 judges, they will suspend your application Jane Ansah and Muntharika

Zaya
Zaya
9 months ago

It is possible that the Supreme Court will throw out the judgement regarding 50+1; and Parliament itself is more likely to refuse to provide enabling legislation for this rule (if it requires two thirds majority to pass). However, quashing the new poll would be extremely unusual given the massive irregularities and failure to comply with the PPEA on the part of MEC. Allowing the results of the May 21 polls to stand would be a gross injustice. However, the ConCourt judges did well to rule on 50+1. It is already focusing minds as shown by the scramble to form strong… Read more »

Ndatopa Ine
Ndatopa Ine
9 months ago

Jane Ansah should not worry about the cost and time period of the new election. Malawians will bear the cost and able people will be appointed to manage the commission and conduct the election within the stipulated period. Yes, you Jane Ansah would need till October to prepare but there are competent people who can manage that in 5 months.

lincoln
lincoln
9 months ago
Reply to  Ndatopa Ine

Agree 100%

Vile incapable woman Jane Ansah. If she cannot do it in 150 days, does she think others cannot run the elections in the same period?

This woman is absolute vile and needs to be arrested and thrown in jail for a very long time
for treason once the inevitable happens.

We will arrest her!

felix
felix
9 months ago

axse ukunama imeneija ndi constitution court simanyengelela muntu apumbwa agwa nayo ndipo atuluka mboma , Kodi iwowo akudandaula za ndalama samaziwa kuti akabela mavoti zosatila zake ndikuvotaso , ameneo akomoka sanate ndipo ma bp a shooter simasewela , amutalika afune asafune abwelelaso pansaja kupempaso mavoti

Razor chakwera
9 months ago
Reply to  felix

Palibe watuluka mboma

nachisale
nachisale
9 months ago

Grea !, lets put this thing to rest quickly so Malawians can begin to enjoy The New Democracy,

Hador
Hador
9 months ago

Running proper, legitimate democratic elections in our one and only mother country is a ‘waste of money’???

What complete and utter nonsense.

We can re-run elections 10 times, it will not be wasted money.

What is more worth spending money on than the proper and accountable free and fair exercise of our hard-won democratic rights???

It can be $500 million, I am sure the government can find money in the national budget from all that taxpayers money they fleece from us.

Noxy
9 months ago
Reply to  Hador

Chilima and HRDC has poisoned peoples minds.Don’t belittle Dr Jane Ansah’s assertions that re-run or fresh will do lot’s of money for self styled individuals and leave out poverty reeling in Malawi.Look because of this political selfishness most very important projects have stopped.

Nsikidzi
Nsikidzi
9 months ago
Reply to  Noxy

Go burn with Ansa. The money in question for fresh elections is not Ansa’s money. And ndalamazo zilipo kale. Ansah can not school us about ndalama za boma.

Nsikidzi
Nsikidzi
9 months ago
Reply to  Hador

I agree with you 100%

H E Nyaphapi One
9 months ago

You do not need to be a lawyer to know ‘when to drop it and let go’! Check what the Msundwe rally is uttering just now February 8 2020 and the time is 1530hrs! Civil war imayamba chonchi!

Vane
Vane
9 months ago

ConCourt judgement is now completely discredited. The judges made so many HUGE mistakes and they did so at their our country’s peril.

Fake Petros
Fake Petros
9 months ago
Reply to  Vane

@vane
Like Jezebel your argument means no sense at all. Jezebel herself was court in camera saying electoral matters are not appealable. She believes she can change laws application of justice as it suits her. What has changed? Jezebel belongs to hell

Charles
Charles
9 months ago
Reply to  Vane

Iwenso nde uti iwe kkkkkk. U bene wakupwetekatu…udya udzu

wa mutalika
wa mutalika
9 months ago
Reply to  Vane

iweyo,MEC, the Jezebel Ansa are the mistake…if not for that judgement you could av burned try it and see the wrath of the citizens.

Cliff
Cliff
9 months ago

Inu a Malawi tayeserani kumatolera fundo zomwe anzau akunena. Jane anachita kuulonjeza mtundu wa a malawi kuti court kungogamura mosemphana ndi ine zatura pansi udindo lero ndi uyuu akubweretsa fundo zake mbwelera ku court. Ndiye mtundu wa a malawi uziti chani za amaiwa we know kuti enanu ndinu ma cadet but justice must prevail. This is the same lady ngati sikulakwitsa akaudza atolankhani kuti chigamulo chaku constitutional court sungapange appeal nanga iyeyo akutani lero. Mwina poti mtolankhaniyo anatchula a opposition kuti mwina azapanga appeal. Maiwa ngati kuli ku tamba ayaluka nako seriously

Operation CHOTSA MBAVAA
Operation CHOTSA MBAVAA
9 months ago

It will be funded from all the monies that has been LOOTED by your boyfriend amd his cadet thugs… as more that 400 million USD have been stolen and we will recover all that.. make no mistake. MCP n the people of Malawi are fully aware of the monies stolen from the country. You too will have to return all the monies given to you by your BF from which you have bought property on Nottingham worth over 1.5 million pounds. So shut the [email protected]%K up and get out of MEC. MCP storm will befall upon all you dpp thugs… Read more »

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