Friends of court urges ConCourt verdict in Malawi poll case to be based on law, evidence

Malawi Law Society (MLS) and Women Lawyers Association (WLA), as friends of the court in the presidential elections nullification petition case have urged the five-judge panel of the Constitutional Court to make its determination based on law and evidence presented.

Malunga speaking to reporters
MLS lead lawyer, Alick Msowoya
Lawyer Powel Nkhutabasa : Prepared the submissions for Malawi Law Society

The two parties’ submissions during oral session on Thursday in Lilongwe followed submissions filed by UTM Party president Saulos Chilima (first petitioner), Malawi Congress Party (MCP) president Lazarus Chakwera (second petitioner), President Peter Mutharika of Democratic Progressive Party (DPP) as the first respondent and MEC.

In the case being heard by the High Court of Malawi sitting as the Constitutional Court, the petitioners want the court to nullify the presidential election results in the May 21 Tripartite Elections over alleged irregularities, especially in the results management system.

Making the oral submission Malawi Law Society lead counsel in the matter Alick Msowoya, asked the Constitution Court to ensure right of voters and candidates are balanced.

The submissions were prepared by private practice lawyer Powell Mkutabasa and Msowoya.

MLS has highlighted to the court what the law states on various issues under contest while attempting to desist from giving its opinion on the matter.

The areas include constitutional provisions directly relevant to elections and determination of its reference, provisions of the Presidential and Parliamentary Elections Act (PPEA) directly relevant to the elections and determination of petitions, burden of proof, standard of proof, admissibility of hearsay evidence, effect of admissions by any party and effect of bringing forth relevant witnesses.

Women’s Lawyers Association (WLA) lawyer Dr Bernadette Malunga in her submission asked the Court to ensure that duties and mandate of Malawi Electoral Commission (MEC) were followed during the May 21 elections.

On the burden of proof, Women’s Lawyers Association recommended that the standard of balance of probabilities is with the one who have brought the matter to court to bring evidence.

“We submit before the court that the burden of proving the complaints in the petitions is that of the petitioners. The petitioners must adduce adequate evidence to prove that there was an undue return of the election results as announced on May 27 2019.

“[But] once a prima facie case is proved, then the respondents [MEC], as a regulator, has an obligation to adduce evidence to the contrary failure of which the claims in the petition will have been successfully proved.”

President Peter 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.are expected to deliver its judgement of the case after 45 days from December 21.

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9 months ago

Kodi mec inapeleka kapena kuwauza anthu kuti agwilitse ntchito Tippex?—jane ansah…ayi……Ndiye mafomu a tippex ndiamene inu munagwilitsa ntchito pakuwelengera za zisakho?jane ansah….eya kkkkkkkkkkkkkkkkkkkk langa funso nanga ndindani anapeleka tippex mu malo onse azitsakho???????????koma jane ulipo tandiyakheko pulizi chonde ndagwira mwendo kkkkkkkkkkkkkk pa Malawi sizatheka Nyasaland kuba uchigawenga kunama mabodza ufiti chiwelewele ziphuphu the warm heart Afrika kkkkkkkkk

Madando Chimulilenji
Madando Chimulilenji
9 months ago

The Warm heart of corruption, tippex elections, kuba, uchigawenga, kupha Albinoes……………….

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9 months ago

Kodi munawauza zoti agwilitse Tippex?Jane ansah..ayi kkkkkkkk ndiye munagwilitsa ntchito mafomu omwewo a Tippex?jane ansah…eeeeeh kkkkkkkkkkkk malamulo a mec no Tippex kkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkk

Joloza
9 months ago

Evidence and not hearsays

Nematodes
9 months ago

In life make sure you win. Make sure you have money. After all, money looks the same. Whether you got it from corruption, murder, hard work, gambling, selling tomato, prostitution, false prophecy, etc etc. It is money. Make lots of money. And use it.

Pelex property
Pelex property
9 months ago

Under current laws the petitioners are standing on weak ground. Kuti agone akuchita kumwa valium

Baboon
Baboon
9 months ago

To me this malawi law society sounds they are dpp and mec in this case behind . They just don’t wanna show up but I can sense them dpp Mec so

Muheni
Muheni
9 months ago
Reply to  Baboon

To say the case has to be based on evidence and law is to biased? Come on phipo. What’s wrong with u. You want the judges to judge on what basis? Fearing the young pioneers? Come on.🙄🙄🙄

Oops
Oops
9 months ago
Reply to  Muheni

So what evidence do this lawyer’s have submitted in the files according to there research

Chilipa Thako
9 months ago

Verdict to be based on law and evidence , ndi m’mene milandu imayenera kuyendera osati kumangolubwalubwa ,kuopsezana ,kumenyana ,kuphana tidekhe tidikire zomwe zigwere m’mbale

Test
Test
9 months ago
Reply to  Chilipa Thako

kumangoyendera ” ndakuwona ndakuwona”. chonsecho palibe awona iwo

Oops
Oops
9 months ago
Reply to  Test

Anaona atapaka kaya amati tippex kukhwatcha komanso anaona ma presiding officer akusainila kambirimbiri after ma monitor ataona zofooka mumfunse ben phiri akuuzani even mtharika akuti tipppex anali obela ma voti achilima ndi chakwera

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