Declare Chakwera rightful winner of Malawi presidency: Lawyer Msisha sum up case

Lawyer Modercai Msiska a senior counsel (SC)  leading the legal team of second petitioner and Malawi Congress Party (MCP) president Lazarus Chakwera, has asked  the Constitutional Court to nullify President Peter Mutharika’s victory in the May 21 Tripartite Elections and  declare Chakwera as the rightful winner of the polls.

Chakwera and his  deputy Sidik Mia stormed
Chakwera’s lawyers and senior counsels, Modecai Msisha and Tutus Mvalo interacts outside court-Photo By Lisa Kadango, Mana
Chakwera, the second petitioner in the historic elections case, is asking the court to nullify the May 21 2019 presidential election.

Msisha, one of the framers of the Republican Constitution, in his final oral submissions on Friday, articulated the remedies he seeks the court to make to rectify the massive irregularities committed Malawi Electoral Commission (MEC), the second respondent in the matter, saying the body that it  failed to adhere to constitutional provisions governing management of elections in the country.

The lawyer pointed out the  jurisdiction to administer what Section 41 of the Constitution describes as “an effective remedy” to address MEC’s violations of the political rights of Malawian voters whose will was defeated by either incompetence or fraud, or both.

According to Msisha, though it is for the Constitution Court to decide what an effective remedy is, the five-judge panel of the High Court of Malawi sitting as the Constitutional Court should not only declare the election of Mutharika, invalid, null and void, but also consider declaring Chakwera the rightful winner of the 2019 elections if the Court is persuaded by evidence to that effect.

Msisha  argued that there is “overwhelming evidence” that MEC has been generally negligent in its control and administration of the elections by  failing to electronically and manually collate, tally and transmit results as accurately as required by law; failing to ensure that the relay of results from polling station was secure, accountable, accurate and verifiable.

He also said there has been massive tampering and irregularities in connection with the counting of ballots and transmission of results during the May elections of which MEC was aware or ought to have been aware of it had exercised reasonable care and due diligence commensurate with its constitutional and statutory powers and duties.

The lawyer argued that despite the existence of the said tampering and irregularities, MEC went ahead to announce the results of the election, including that the President Mutharika had been re-elected “without holding any or any sufficient audit or recount to verify the election results.”

Msisha said failure by MEC to remedy the non compliance, irregularities and improprieties in the conduct of May elections amounts to “grave violation of the Constitution”.

He pointed out that the elections was badly conducted and fatally affected by non-0 compliance, irregularities, malpractices and illegalities such that the result of the elections had been substantially and significantly affected.

Msisha said Mutharika was not duly elected President of Malawi as he did not truly obtain a majority of the votes polled.

President Mutharika of Democratic Progressive Party (DPP), by virtue of being the declared winner of the presidential race, is the first respondent.

The five High Court judges hearing the case are Healey Potani, Ivy Kamanga, Dingiswayo Madise, Redson Kapindu and Mike Tembo.

Follow and Subscribe Nyasa TV :

Sharing is caring!

Follow us in Twitter
52 Comments
newest
oldest most voted
Inline Feedbacks
View all comments
Justice Usiwa
Justice Usiwa
1 year ago

The rightful votes are with Chakwera despite were greatly reduced to make toothless ,Peter carry the day.Peter votes do not even need even expertise to show that he comes third to Chakwera and Saulos.

Ochewa Dala
Ochewa Dala
1 year ago

But the lawyer has failed to demonstrate that Chakwera got more votes than any other candidate which would have been the only reason to consider him as a winner. In this article the layer is basing on irregularities as grounds for Chakwera victory. This is just desperation at its best

Mulopwana
1 year ago

Mvalo,Msisha,Silungwe ndi maloya ovutilako mboni ndi Kathawe yemweyo.
Alufandika,Munkhondya and Ben Phiri anangothandizira kuunikira kuti MEC and DPP inaberadi mavoti.
Kaphale has been a good lawyer komano panopa ndizoba

winstonmsowoya
winstonmsowoya
1 year ago

MALAWI LAWYERS,JUST GIVE MALAWIANS PROPER INPUT TO CARRYOUT PROPER INJUCTION THAT WILL RUN OUR JUDICIAL SYSTEM PERFECTIONARY ATTRACTIVE.WHAT KIND OF LAW WILL CHINESE TEACH OUR PEOPLE? AS A MATTER OF FACT,SINCE WHEN ARE THE CHINESE TEACHING WESTERN LAWS? FOR YOUR INFORMATION,HANDREDS OF AFRICAN NATIONS ARE NOW REALIZING THE HAZARDOUS OF THE CHINESE PEOPLE IN AFRICA.I HATED HASTINGS BANDA FOR HIS TREATMENT OF THE MALAWIAN PEOPLE,BUT WHEN IT CAME TO CHINESE COOPERATION,BANDA STRONGLY WARNED HIS MINISTERS NOT TO TAKE CHINESE BAND WAGON INTO MALAWI.BANDA WAS A BRUTAL THUG,BUT ON CHINESE ISSUE,HE STOOD HIS GROUND.MALAWIANS,DO NOT PLAY GAMES WITH THE CROOKED CHINESE,YOU… Read more »

Baboon
Baboon
1 year ago

Chakwera anali oyenela weniweni kuwina chipanda amayi ansah ndi mec tikudziwa pamene zinadzakhotela kuti akhale Peter owina tinachita kudziwa kuti payenda kenakake

Apumbwa
Apumbwa
1 year ago

With all the irregularities, fraudulent and illegal activities that MEC engaged in no one should be declared a winner…… a rerun is what makes sense

Ndata Boy
1 year ago

Ma cadet a dpp alira mokweza pa ma comment pansipa kkkkk

Muheni
Muheni
1 year ago
Reply to  Ndata Boy

Hahaha inuyo ndiye mulira chokweza kachikena verdict ikabwera.

RERUN VERDICT
1 year ago

Msiska has done well. I do understand the reason he want the court to declare Chakwera a winner. If he calls for a rerun the court might say his candidate lost. But if he gave enough evidence to declare Chakwera a winner; the court might say it will be far for both political parties to do a rerun. If this is the verdict the court will give, “rerun”, then everyone is a winner. But if the court declare Mutharika as a winner then chaos will happen because Chilima and Chakwera their evidence is very good. MEC and Peter Mutharika failed… Read more »

wa Nyau
wa Nyau
1 year ago

kkkk komatu penapake kumakhala serious ma lawyer osamangomudyera munthu ndalama. poyamba mumati simukupanga zoti anawina ndi ndani koma nkhani ndyoti panali zolakwika,lero mukuti apange declare Chakwera as a winner,Anawina ndimavoti angati?
Nkhondo mwamenya limodzi ndi UTM,pano zkupita kokupsa mwamutaya Chilima et?
Mukumputa Dala ZEZE oho

Alex mgeni
Alex mgeni
1 year ago

Bwana modecai….constitution ya Malawi ndi yanu Basi. Enawa mwachitaso kuphunzisa nokha. Ulemu wanu. Takumvani Basi.

Read previous post:
Government to construct one-stop border post in Chitipa

Government plans to construct a one-stop border post at Isongole in Traditional Authority Kameme in Chitipa to improve clearance of...

Close