High Court rejects Chilumpha appeal on presidential bid

The High Court in Blantyre has rejected Cassim Chilumpha’s application for appeal against the decision by the Malawi Electoral Commission (MEC) to disqualify him from contesting in the presidential poll on May 21.

Chilumpha: Appeal rejected

Judge Mike Tembo said the law is quite clear that a decision of the High Court, on an appeal by way of petition against the decision of the Electoral Commission, is final.

“There cannot be an appeal to the Supreme Court of Appeal,” said Tembo.

The judge said this position is clear as provided in Section 114 (5) of the Parliamentary and Presidential Elections Act provides that at the conclusion of the trial of an election petition, the court shall determine what person was duly nominated and shall report such determination to the commission, saying the determination shall be final.

“This court also wishes to note that Section 21 provision (c) of the Supreme Court of Appeal Act provides that no appeal shall lie to the Supreme Court of Appeal in a civil matter where a judgment of this court is stated by any written law to be final,” said Tembo.

He said there cannot be an appeal against the decision of the court since the decision is final.

The judge therefore threw out the two applications; leave to appeal and stay of execution of the decision of the court, saying they are incompetent.

Lawyer for Chilumpha, Yassin Domasi said the former vice president will make a decision after reading the judgment.

 

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Amalume
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Amalume

It surprises when someone with PhD in law fails to know the laws of the land. Chilumpha why so dull. Koma school iyi penapake eish imakaikitsatu

Masoambeta
Guest
Masoambeta

Chilumpha ngopusa zedi. This ball jack would have been respected if he had concentrated on his legal practice other than childish and sterile politics. He is clueless of what he wants. Kodi akadanyenganabe ndi ndowa ya umuna (spunk bucket) yotchedwa Jefu wa Jefu ija?

dry cleaner
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dry cleaner

Time waster. Nyusensi