DPP’s Ben Phiri acknowledged ‘confusion’ in electoral process – Malawi Supreme Court
The Supreme Court of Appeal has agreed with the five High Court judges, who heard the elections case as Constitutional Court that there were massive irregularities in the May 21 2019 presidential election which saw President Peter Mutharika re-elected the results that were annulled.
In its 500-paged judgement, the five-judge panel comprising Healey Potani, Redson Kapindu, Ivy Kamanga, Mike Tembo and Dingiswayo Madise unanimously faulted MEC for failing to carry out its constitutional duties, negligence and abdication of the same.
The court said the electoral body failed in all constitutional tests it set out on the elections and that the irregularities were so glaring that the credibility of the election was in question; hence, an order for a fresh election.
Mutharika of Democratic Progressive Party (DPP) who was the first respondent with MEC as the second respondent appealed to Malawi Supreme Court of Appeal.
Led by Chief Justice Andrew Nyirenda, the panel of seven judges who have arrived at a unanimous decision on the matter, the Supreme Court said the record is very clear that MEC had outstanding complaints at the publication of the results.
Reading the second part of the judgement, Justice Lovemore Chikopa said the Supreme Court of Appeal agree with the lower court that “use of tippex was gross irregularity” and that “constituency tally centres were unlawful.”
If there is an error on documents, the Supreme Court said they ought to be reported to district tally centre or national tally centre if unresolved at district tally centres.
Chikopa pointed out that DPP’s director of elections Ben Malunga Phiri who was a witness at ConCourt “acknowledged that there was confusion in the electoral process.”
Malunga said tippex was used to correct errors on voter sheets.
But Supreme Court said the use of tippex, fake tally sheets, reserved tally sheets, improvised tally sheets, all amounted to irregularities.
The court further said: “The court below adequately dealt with the issue of how MEC failed to resolve complaints by the political parties during the elections.”
In its determination, the Supreme Court said the electoral body does not provide new documents and use of duplicates, improvised sheets, and unsigned tally sheets was also an irregularity.
The court will finalise delivery of the judgement in the afternoon after taking a 45-minutes adjournment.
If the Supreme Court upholds the judgement, the fresh election will proceed and if it overturns it, there will be no election.
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Glory to God
Others were promoted in MDF because of Ben Phiri
Resign, resign, resign Mayi woipa iwe resign
50 percent + 1 vote has been confirmed by the Supreme Court of Appeal
Let the Supreme Court annul parliamentary and local government poll results too if the use of tippex was an irregularity.
Why shld the court annul the results? Those who were aggrieved by the results took the matter to court within the stipulated time. Some wonne and some lost. Vuwa Kaunda case remember? Those who remained quite were happy with the results and can not complain now because there is this issue.
Sadly for the old man it is over and over indeed.
you do not always have to be a prophet to tell what is to come, like in seasons you can tell by the blossoming of trees, shading of trees , migration of wildlife etc similarly with the current events one can confidently say what is to before our beloved motherland, not all shall sing the victors song but certainly we are about to change course, we can only hope it shall tolerable for the for the humble masses. GOD loves US!
“…Embarrassing and distasteful….” Malawi Supreme Court of Appeal, May 8, 2020
This is good time for Jane Ansah to resign. paja mumati muzapanga resign after Supreme court ruling.
I trust and believe in the judges and I expect nothing but victory for the opposition……..God bless