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

High Court judge  Kenyatta Nyirenda  on Monday granted leave for  opposition Malawi Congress Party (MCP) presidential  hopeful Lazarus Chakwera to move for judicial review against the appointment of  Malawi Electoral Commission (MEC) commissioners Linda Kunje and Jean Mathanga.

MCP Lawyer Titus Mvalo: We  have sought a judicial review

President Peter Mutharika retained the  two commissioners from a MEC  team which Parliament deemed incompetent in the management of the nullified May 21 2019 presidential election.

Mathanga was nominated by Mutharika’s Democratic Progressive Party (DPP) while Kunje whose first entry in MEC was on People’s Party (PP) ticket , also got nominated this time around on DPP slot.

MCP petitioned the High Court to seek a permanent interpretation on whether it is Constitutionally in order for the ruling party to have four Commissioners against its two.

Parliament’s Public Appointments Committee, acting on recommendations from the five-judge panel of the High Court of Malawi sitting as the Constitutional Court that nullified the presidential election on February 3, assessed the competence of the then commissioners and recommended their dismissal.

Reads the committee’s report: “These commissioners breached the law by running a flawed election whose process was marred with serious irregularities and illegalities…”

Besides Mathanga and Kunje, the new MEC team, chaired by Lilongwe-based High Court Judge Chifundo Kachale, also includes lawyer Arthur Nanthuru, Steve Duwa, Anthony Mukumbwa and Olivia Liwewe.

Mukumbwa and Liwewe were two of the three names nominated by MCP.

MCP legal counsel Titus Mvalo  said they have sought clarification on the matter from the courts.

“We have applied for a judicial review  on  the appointment of MEC commissiomers,” Mvalo said.

Mvalo pointed out that newly-amended Presidential and Parliamentary Elections act gives priviledge to political parties with 10 percent representation in Parliament and that DPP and MCP could have shared the same number of commissioners.

The commentators fear the legal challenge on commissioners Mathanga and Kunje in the new team mau  delay the court-ordered fresh presidential election tentatively set for June 23.

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Nyekhwe
Nyekhwe
8 months ago

What does this mean?

Chaura
Chaura
8 months ago

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.

PhD, Jerusalem University
PhD, Jerusalem University
8 months ago

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 .

Namulondola Njira
8 months ago

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… Read more »

mchisala
mchisala
8 months ago

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!!!!

Zio ine
Zio ine
8 months ago

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.

G Zali
G Zali
8 months ago

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

Banda
Banda
8 months ago

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

Kafwira
Kafwira
8 months ago

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

Destroyer of liars
8 months ago

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?

Chinsolo
Chinsolo
8 months ago

Well asked. The answer is that he is senile.

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