Ex-MPs lose case as court quashes petition against ‘tippex’ parliament on technicality
The High Court has thrown out the petition by some former legislators who thought they, too, had a case after the Constitutional Court (ConCourt) nullified the May 21 2019 presidential election result.
Following the February 3 ConCourt landmark ruling, the group comprising mostly former legislators and other candidates who lost the election, went to court in April this year, seeking nullification of the parliamentary vote too, arguing it was held simultaneously with the ‘tippex’ presidential vote.
The ex-members of Parliament (MPs), led by Peter Bvalani and Jessie Kabwila as first and second applicants respectively, based their case on the outcome of the presidential nullification petition case, which saw the ConCourt nullifying the presidential election and ordering a fresh election within 150 days.
But in her judgement, Justice Ruth Chinangwa threw out the application on technicality, saying: “Is the claim statute barred? Again we turn to Section 100 of the Presidential and Parliamentary Elections Act, it reads; ‘A complaint alleging an undue return by reason irregularity or any other causes whatsoever should be presented to the High Court within 48 hours, including Saturday, Sunday and a public holiday of the declaration of the result in the name of the person.”
Something is terribly wrong in the Malawi judiciary. Is it corruption, perhaps?
Mukaphunzile za malamulo… if they are not happy they go to the supreme court. don’t just comment empty headedly Phiri
Kabwila ubwila mchenga Chaka chino
Jesse nkhalo alije. Banks lidamukanika and ndale zamukanika. Educated fool.
This section 100 has already been violated setting a precedent that lateness beyond 48 hours should not have been good reason to apply in quashing the petitioners this time. It gives us an impression that the law favours one and the same being unfair to another with all conditions being the same.
Chinangwa has been bribed to rule in favour of the current MPs who are in office. If she says the complainants delayed to bring their case within the specified days, it shows that the learned Judge is not conversant with her law and one wonders which school she went. My understanding is that, the complainants had nothing to put up as a case because they thought that the tripartite election was done properly and they could not complain anything but the ruling from the 5 Constitutional Court Judges was an eye opener to them. That was the time they realized… Read more »
Your argument is also faulty. No one stopped the MPs from petitioning the courts against any electoral irregularities. There is enough evidence that many MPs went to court. Some cases were resolved while others are still pending judgment. Even Jessie Kabwira went to court concerning her constituency and lost the case. The presidential case followed the same process and the outcome was that the petitioners won the case. What the MPs did was to use the backdoor when the front door had been open all along. Tripartite elections should also be understood as three independent elections taking place simultaneously. The… Read more »
Yes they delayed indeed. Elections are held with strict conduct of procedures and any deviations from that procedural process renders the Elections useless. If these Ex MPs had genuine interest in the election they should gotten enough evidence against those elections. They were well aware as how the elections were to be conducted. Other candidates went to court immediately they noticed that something was going amiss Or they are the palibe kanthu type who see things going bad but they look the other side. Malawi doesn’t need such now. It’s good they lost.
How can one said they delayed?
It was after 90 hours or so.
Weak arguments Inuuuu. In litigation the laws come first before any technical applications. As the laws stand complainants should have gone to the court to complain within the 48hour stipulated period… In the courts the court will not speculate and delve away from matters that are not before it for deliberations and the MP’s saw a loop-hole and wanted to take advantage of the situation.. Not to cause a constitutional crisis the Judges will judge fairly according to the law… And to assert that the judge has been bribed you need to have strong proof to that effect… Mumabisala muzigoba… Read more »
Feel sorry for Kabwila, if she remained in MCP she would still be MP
Thats very true,she couldn’t only be a MP but also a minister
Kabwira is a material worth to be a minister and she is too beautiful….I like her body & her principals.
I wish her well and it’s not yet over,she is a member of Tonse Government and i request the President to consider her.She can perform wonders far much better than other ministers in the Tonse Government.
Jessie KK,relax,pray I also pray for you….you will enjoy one day soon/later.
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We will see how you will handle Mpinganjira case.A complaint was lodged after the 48 hours dear lol ine
It’s about election case not any case I understand
It’s clear it was conspiracy by the court and the then opposition to overthrow APM by twisting the law. That case came before after the said 48 hours. That’s why chilichonse chikukuvutani ukalanda chamwini umasowa nacho mtendere
You’re just hurting, koma uchila!
Palibe chikusokonekera, even mu family mavuto salephela. Pano anthu ambiri alibe ndalama inde, koma sakumva kuwawa kwa boma la mbava la DPP
kungozionongera ndalama basi
But the claim that nullified the Presidential election was made after 58 hours and the wise 5 judges said that should be reason to escape the rule of law.