Judge Kenyatta approves MCP judicial review on on ‘incompetent’ commissioners

1. What does this mean?

2. I could be wrong but it appears that all court matters relating to government are now being handed over to Kenyatta Nyirenda, what’s up? Are all other high court judges on leave or this is some conspiracy or judge shopping of some kind? Is he the judge for Tonse alliance and HRDC? Tell me something guys.

3. Many people outside the country have laughed at Malawians for returning 2 commissioners who are termed incompetent and on deliberate move one chose them again. KUYAMBITSA NKHONDO DALA UKU. hlomwe what is your problem .

4. What I see in the eyes of Chilima is hate. There is a danger in this, cause we fought for democracy. The first years of APM no one has been a political prisoner. Even the world knows that APM has been patient in everything that has been happening. If Chilima’s plan is for an eye for an eye, then the country will burn. People who rage with anger are not good for leadership of a nation. We need people with sober minds. It shows that if Chilima will be Vice President in the coming elections, he will use terror to victimise the other opponents. We moved from one party rule not because Kamuzu was bad, but there were people who victimised others under his name. Dr Chakwera if becomes president, his name can be soiled cause of people like Chilima and his cohorts. Let us be patient. Muzaimbira mfiti mmanja.

5. You can not qualify for a job you have been judged incompetent in (by courts and parliament)????!!!!!! It is that simple and so these two can not be among the new MEC commissioners!!!!

6. So MCO wants to decided on who should be commissioners for DPP. Since the courts are known to be part of the conspiracy for regime change, they will entertain this case and make DDP pay for the cost.

7. Chakwera and Chilima make sure apm and all his advisors get the jail terms they deserve. anthu odana ndi Malawi awa

8. This a Judicial review only to see is Laws have been broken and how to write Laws so that future Governments do NOT appoint more Commissioners to MEC than what has been set out in Law. Strange that the President could NOT have found Two Commissioners out of a country of 19.5 Million people but chose 2 that were involved in a nullified election. President did NOT think this through or just did a big Fuxk You HE MADE A MISTAKE vote Change

9. Vuto ndiloti andale amazitenga ngt opanmba anthu onse mdziko ayiwala kt iwowo amapita nkumbera .

10. Peter Mutharika told the nation that parliament is supreme to courts because members of parliament are elected unlike judicial officials who are appointed. Parliament , which is superior to courts, according to Mutharika, decided that Jean Mathanga and Linda Kunje were incompetent to run elections. Against the decision of parliament, a superior body, Mutharika has appointed the two incompetent slay queens to manage the presidential election. What does that tell you about Mutharika’s thinking?

    1. Well asked. The answer is that he is senile.

11. Somebody plz educate me. Why does Judge Kenyatta gets all the Govt cases? Is he the only Judge there?

    1. He is the chief justice of the republic abwana

       1. Kenyatta Nyirenda NOT Andrew Nyirenda. However, the answer is that it pleases the courts to chose who to handle which cases since everyone has majored in one field or the other. Ena amakhala a murder cases, constitutional cases and so on

          1. I see. But still u wld expect the High Court to have at least two or three Judges with expertise in that area. For sure, Kenyatta Nyirenda cant be the only one will with ability to handle complicated Govt cases. We all know how anti Govt he is. Its unfair to give him every single Govt case cos every damn Jim and Jack already knows which way his judgements will go. No wonder , pple believe there is a conspiracy ( in the Judiciary) to change the current Regime. Truth be told , the Judiciary has itself to blame here. They definitely need to clean up their image. Its not pretty rt now. People rush to Courts to get Justice Not twisted Judgements. So if you cant get that in Courts , where do u go? From the Distance, it seems like the Judiciary has waged an all assault war on the Executive.

             1. The Executive has waged war on Judiciary I believe. However, have you already forgotten bwana Wawa that it was the very same Justice Kenyatta Nyirenda amene anapereka boma pakati pa usiku kwa Peter ndi DPP in 2014?

             2. You have seen it. This is how real trouble will come from because other people will get tired and say fu*** the courts. We will do it our way and that will be the end of it. Nobody knows who. We are rearing a hyena in our own backyard and one day it will wake up and eats us all. Particularly, zotenga court ngati la nzeru kuposa a Malawi tonse fe. That’s a grave mistake. Sooner or later the party will come to an end. Panopo zikuwoneka bwino chifukwa ndi DPP, wait until it’s the other end. You will see.

             3. Pitako iweyo

       2. No. Kenyatta is not the Chief Justice

    2. He represents Tumbukas … ndi diso la ng’ala lija.

       1. Abale osatero mlongo wako kapena iweiwe kapena akulako asamale chifukwa sukamba nuseka chilema chanzako pomwe iwe olo abalako akubelekabe. Usamale ungaone zowophya mwanako atabadwa phazi lache likuyang’ana kwina inu kumangomusekera m’nyumba manyazi 👊🏿

    3. Because there’s no particular order of allocating cases unnfortunately so get over it dude. What’s wrong with that anyway?

12. We trust in democratic principles. The commissioners must be nominated by parties with grate numbers of MPs.
    Incompetence clause is not in the Constitution and resurrection of resolution by the PAC will also open a cane of worms.
    We followed the proceedings and it was clear that the commissioners were interrogated in a raised and abstract ways. They were not given a chance to bring evidence or defend theseleves. The commissioners did not go to court due to current political atmosphere.
    Now its a big time Namathanga and June clear their names in court. I hope the applicants have real evidence of the Commissioners being the real cause of irregularities aforementioned in the elections case.
    I am keenly waiting for the judicial review of our lame Constitution. May be the judge will give a chance to the commissioners lawyers to urgue on personal attribution to irregularities as concluded to be their incompetence by PAC structure questionnaire (Yes or No). No lawyers were allowed to represent the commissioners yet there were supposed subjected to public embarrassment.
    Malawi is really heading for chaos due to the broken system we follow, coined as governance due to fear of mob Justice perpetrated by political affiliation of legal practitioners.

    1. Lier, it was the same court which found mathanga and her friend to br incompetent. Incompetency is not in the Constitution because it isn’t a legal term. E.g . If you go to the hospital suffering from malaria and the doctor akukakumanga chikhakha. What do you call that. You don’t need to be a medical doctor to know that a person is incompetent.

13. The court will be cleansed of nepotism whether Tumbukas like it or not. Mwaonjeza. Mukuyesa Nyika park Kapena chikangawa. No more tumbukalisation of judiciary. Demo or no demo, change is coming!!

    1. Uneducated person is always jealous of an educated no wonder you are bringing these tribal remarks.Go to school or send your childern to school so that they can be tumbukas you them.

14. Judiciary taking turns to beat the executive arm of government. Is it because they are nearing retirement and are now trying to help mcp so that he can post them to the embassies? Enjoy while the power lasts, one day the judiciary will pay for this unbecoming conduct. Politicians will repeal the old laws which protect the judiciary and leave them as fair game.

15. God is in control, putting things in the right way is the best.The courts can change that and those new commissioners can do the job better without incompetent team.

16. To say the truth the judges are being corrupted judgement yosatsata constitution ya mtundu wanji komanso nthawi zonse opposition ikakatenga injunction imaroledwa pamene gog nthawi zonse amakanidwa Kodi iwowa sakuiona kuti by doing so asokoneza election akuopa kapena chani one a chakwera andikwana salowabe m boma angozivuta munthu olimba sapupuluma iwowo abwerere ku church kukatumikira sakuiona kuti zikulimba chifukwa iwowo ndi Yona abale akusowekera umphungu amenewa otherwise mukawagwirira ku nyanja atapenga

    1. Musiye kaye kupanga utsiru. Apo bii sizikukomerani ata. Muzingowona nyekhwe.

    2. When you break the law and violet the constitution just because you are the president do you expect.

    3. dikila mphwanga. follow the law. period

17. Just to be clear on this. He has not sought any interim orders stopping the two or four dpp commissioners from working. So elections will still be on. So how does this benefit Mcp? Or What outcome do we mcp supporters want on this? Just a disapproval or objection notice to be recorded for later if election results don’t go well?

18. You do not have to be well educated or use a microscope to see that the Courts in Malawi are losing integrity and becoming politically bias. The facts shows themselves that courts have dug in to make sure each and every case/cause brought by opposition parties should be accepted and the government should lose.

    There is an appearance of high degree of bias being demonstrated here. It is dangerous if this is allowed. We must not blame DPP that they are not respecting courts. In contrast courts themselves they need to refrain from politics.

    Courts must not bring themselves in a position where government/DPP will start ignoring court’s judgement if it appears that courts themselves are crossing the line into making political decisions.

    REMEMBER THAT JUDGES LIKE EVERYONE ELSE, MAY BE BIASED BY VIRTUE OF RACE, SEX , POLITICS, BACKGROUND, ASSOCIATION AND OPINIONS

    DPP is free to select anybody to represent it as its commissioner. The commissioners from DPP do not need induction . They have experience and it will be cost effective for them to carry own rather than someone from the scratch .The courts nor opposition party have no locus standi on DPP’;s choice of its commissioners.

    The courts should ask themselves about the question of SEPARATION OF POWER. IT APPEARS SEPARATION OF POWER IT ONLY APPLIES WHEN GOVERNMENT ACCUSES COURTS AND NOT VICE VERSA

    1. No you are just blinded by money and do not realise your beloved DPP is a criminal organisation

    2. Mr otayo do not blame the court!!!
       1 The government is doing deliberately breaking the laws
       2 After the courts found these two commissioners incompetence, It decided to appoint them!! Kuthokosa mavu
       3 the issue of CJ shows the executive is exercising its authority on wrong side
       4 the one who wrote the letter to CJ his contract expired last December
       5 145 million….. these are some of example of poor leadership
       6 The government is using half baked lawyers no wonder they are losing case and case
       A bad carpenter blames his tools

       1. Very good points you have raised

       2. Mr/Ms Chi,

          1.The issue here is not about quality of judges.

          2.The issue is about courts’ appearance of prejudice.

          3.If You have been to court sir/Madam , the applicant has to elaborate to the judge or panel of judges what he/she wants the court to do.
          4. What we saw at the constitutional Court was that the constitutional Court went astray (offside).
          by addressing something which the applicants ( Chilima and Chakwera ) did not ask that court to do. The issue of meaning of MAJORITY was not brought in by Chilima and Chakwera)
          5. The court brought in its own case/cause of MAJORITY and ruled its own case. In other words the constitutional court became judge and jury of its own case/cause. THIS IS/ WAS AN AMBUSH! Even if i can bring you to western world countries/America whose democracy respectively is more mature without disrespecting Malawi, FAIR TRIAL IS ONE OF THE FUNDAMENTAL RULES OF LAW. The participants in the Constitutional Court were not given any opportunity or knowledge that meaning of MAJORITY was to form part of court’s judgement. THIS WAS AN AMBUSH BY THE CONSTITUTIONALCOURT. Both the ruling party and opposition should treat this as very serious and dangerous act. This is where the motive of the courts in Malawi becomes the issue.
          7. With that aspect, it is fair to ponder whether the alleged commissioners were really incompetent as declared by constitutional court which went astray and addressed something which the applicants did not bring to court to be addressed.
          8 .Courts should not create cases and pass them through the backdoor to someone and ask him/her to bring the very same case to the front door of the same court.

    3. Otayo, your comment shows how foolish you are, the two Mathanga and Kunje were declared incompetent why should somebody with all senses choose the same? Did you go to school? If the teacher tells you that your answer is wrong make a correction do you present the same answer that was declared wrong as your correct answer?, unless your mad as mad as petulo.

       1. Monosile, Unfortunately this is not school. Your analogy with respect its a false one.
          What if the teacher himself got his answer wrong!

          1.Opposition parties asked the court to quash the 2019 elections.
          2. The opposition parties did not ask the court to interpret the meaning of MAJORITY
          3.The Constitutional Court created its own case/Cause of MAJORITY and ambushed the applicants
          4.It is the rule of law that courts should not become judge and jury of cases of their own creation
          5.If the court got it wrong by going astray on matters which they were not asked to address, THe question is how many things they might have got wrong in their judgment.
          6. With this understanding were the named commissioners really incompetent??
          LAW IS LAW AND IT FOLLOWS RULES . RULES OF LAW ALSO APPLIES TO COURT THEMSELVES.

19. kodi akulakwisa ndi ndani. Kodi Chifukwa chani Peter akupangila dala zinthu zoti akudziwilatu kuti ndikuphwanya Malamulo.

    1. Peter sanalakwe mbwiye. Incompetence can be challenged. Who are they to declare one incompetent? Have they ran an election before? They will be sued it’s just a matter of time.

20. Is Kenyata the only judge at the high court to handle political cases?

21. The court is attacking the executive and cries foul when executive fights back. The problem is they think they hold all the power. Look what happened in turkey.a coup is a coup

22. The dance has started. MCP exactly falling in dpp’s trap. DPP new this will come and it was deliberate. 23 June mavoti atheka with these lawsuits?? Ndiri ku ma stand

    1. Let me clarify to Cadet, election will go on but this is a deliberate move by MCP to use this when u Cadet steal again . The results won’t be accepted when in favour of DPP.

       This is a trap and those with legal mind knows what Tonse Alliance is up to.

       1. A useless trap because even if you go to the courts again. DPP will still be ruling. You will never win an election through the courts get that into your thick skull. Anthu sanakuvotereni. Pano sakuvoterani even with your useless alliance. MCP was supposed to be disbanded just like UNIP in Zambia. Nobody will allow you back. Chimodzimodzi kunena kuti ZANU PF kutuluka m’boma ndiye hayi pano inasintha ndiye tiyivotera m’boma. That must be the joke of the century. Right!

    2. MCP has got very good legal advisers comparing to DPP.By moving that to court they know what they are doing.Those two commissioners will not commission anything until the court sort out their case.

    3. Mavoti atheka, its simply a judicial review not an injuction. Mathanga and Kunje will continue as commissioners.

    4. If the court finds that the president made an error by appointing Mathanga and Kunje, the outcome is obvious. The 2 commissioners will not be allowed to be part of mec team because their appointment was illegal. This puts DPP at a disadvantage because time wont be on their side to nominate new commissioners and have them sworn in before Tuesday the 23rd.

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