Court sets to August 20  case on nullification of  2019 parliamentary elections

The High Court in Lilongwe has adjourned to August 20 a case in which some electorates and defeated parliamentary hopefuls  are pushing for nullification of  2019 parliamentary elections.

Kabwila: Ex-MPs, losers  seek the same remedy like the presidential elections

The petitioners argue that just like in the nullified presidential election, the parliamentary elections had several irregularities.

They say the presidential and parliamentary election go hand in hand and the irregularities in presidential election also applied in the parliamentary, therefore there is need to nullify the parliamentary elections too.

The High Court sat on Wednesday to give directions on how to proceed with the case.

However, the court had not finished looking into some preliminary issues that would help shape the case.

Judge Ruth Chinangwa has since adjourned the case to August 20, 2020 so that the court finalizes the outstanding issues.

Jessie Kabwila, who contested and lost  in the May 21 parliamentary race on a UTM Party ticket in Salima North West Constituency, said the irregularities as confirmed by the five-judge panel of the High Court of Malawi sitting as the Constitutional Court in the presidential election nullification petition were not exclusive to the presidential race as the process run concurrently.

But lawyer Justin Dzonzi ydescribed the move by the defeated aspirants and former MPs as “insane” and a vain attempt.

He said if the proponents of the move “had bothered to read the law, they could have realised that their claim is statutory barred”.

The five-judge panel comprising Healey Potani, Redson Kapindu, Ivy Kamanga, Mike Tembo and Dingiswayo Madise nullified the presidential election in the May 21 2019 Tripartite Elections .

In one successful parliamentary election petition, on December 20 2019 High Court Judge Sylvester Kalembera ordered MEC to conduct a re-run in Mangochi West Constituency on the basis of what he described as “irregularities and inconsistencies in the results”, but fell short of declaring the petitioner, Simeon Harrison, an independent candidate, the winner. MEC had declared DPP candidate Geoffrey Chiwondo, the winner.

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Guest

Justin Dzonzi is another misguided partisan lawyer. He thinks he can prejudge what the High Court will be expected to do, in a way to lead the court to ply his illogical thinking. It is clear that he is a member of the ‘now-revived’ Malawi Young Pioneer. The 2019 elections were tripartite in nature, hence any anomaly that affected the presidential part had also affected the parliamentary and local government elections. Stop bringing the Judiciary into disrepute you opportunistic idiot.

Namulika
Guest
Namulika

Of course many Judges fear this boy as they are twisted left and right center and the end results is to win the case. Very misguided partisan lawyer indeed. He underrate all Judges.

CESSPOOL
Guest
CESSPOOL

Crybabies are all over Malawi there are legal technicalities in the trying to challenge the results as soon as the results are out. The losers are turning our courts into circus

Mwini muzi
Guest

Another matter of concern though not part of this case is allowing the incumbents to serve 6 years instead of the mandated 5 years. The concourt judges mentioned about this but were short of making a judgement to perhaps seperate the parliamentary and councillors’ elections to occur on different dates from that of presidential elections. Currently as it is, current incumbents will serve 6 years unconstitutionally. The Judges need to intervene on this.

Kambuku Chakwera waonekera manga
Guest
Kambuku Chakwera waonekera manga

Contents of the same pot, cooked at the same time, steered by the same stick, half the concoction is salty and half the concoction is saltless. That’s the thinking of the Hi5 regime change judges. Shame shame shame to the Malawi justice system.

chipapwiche
Guest
chipapwiche

lost case

iweyo
Guest
iweyo

its likely they will throw this out because the court interest was to install chakwera as president. But sadly as we already said a hyena remain a hyena even if it moves from one mountain to another. Two days ago he was talking about an audit report where he claimed DPP stole. Chakwera is good at arresting why not arrest those he claimed stole the 1.3 trillion. And now he had his minister of information saying stupid things.

Patrick Phiri
Guest
Patrick Phiri

Yes, I listened to Kazako on the audit report. He is useless for the role. The guy thinks he is talking to drama audience.

Nambuma Girl
Guest
Nambuma Girl

Komabe bolani tachoka m’manja mwa Mbava za DPP. Eeeeish. Just imagine DPP ikanaberanso the just ended elections, akanatibanso ndi ife tomwe.

Patrick Phiri
Guest
Patrick Phiri

Why is it taking long? It sounds a straight forward case. The same irregularities that led to nullification of presidential elections also applied to MPs and Councillors. Does this case really need all this time? Nafenso tikukayima nawo basi.

Richard Steel
Guest
Richard Steel

The arguments sound palatable. But legally, the timing was poor. There are legal limits as to when an election complaint should be brought to court. And these people were sleeping on their lap when Chilima and Chakwera presented their complaint to court. Actually, most people thought the duo were wasting their time. Now that they got what they were complaining about, people have started faulting the judges and the judiciary, and others have suddenly woken up from slumber and seek court relief on the whole sham 2019 election. The case might fall based on the fact that the petitioners came… Read more »

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