Judge Potani gets calls to ‘Tippex’ himself in election case

Some Malawians have taken to the social media asking High Court Judge Healey Potani to recuse himself from handling matters of consolidated case Malawi Congress Party (MCP) president Lazarus Chakwera and his UTM counterpart Saulos Chilima have filed against the Malawi Electoral Commission (MEC) to be held in constitutional court.

Judge Healey Potani recused himself from electoral dispute case In 2014

Chief Justice Andrew Nyirenda has certified the electoral case as constitutional matter and  set up a panel of five judges to hear it which includes justices Healey Potani, Mike Tembo, Dingiswayo Madise, Ivy Kamanga and Redson Kapindu.

However, commentators have noted that judge Potani should not have been included in the panel as he previously recused himself from handling an elections case because Potani’s younger brother, Harris, works at electoral body as deputy chief elections officer responsible for operation.

Posting on Facebook, social-political commentators Stanley Onjezani Kenani and Rhodrick Kalumpha argued that justice must be seen to be done, saying Potani found it as a basis for recusal in one matter of elections and doesn’t look well to continue in this one.

The stated that Potani had set precedence when he recused himself in an earlier elections case and felt he needed to do the same in the current matter to avoid compromising independence of the Judiciary.

During the 2014 elections, when Potani opted out of the case, High Court appointed Justice Kenyatta Nyirenda to take over Potani’s task.

After controversial results of May 21 Tripartite Elections, MCP and UTM had separately filed cases with the High Court calling for annulment of presidential election results claiming they were rigged.

But Judge Charles Mkandawire said having perused through the two petitions and their supporting documents, he had observed they were similar in nature and relate to common question of law. He then consolidated the cases into one application and also be heard by one court.

The two opposition leaders separately filed their applications with High Court Lilongwe District Registry last week challenging results of the May 21 presidential election in which governing Democratic Progressive Party (DPP) President Peter Mutharika was declared winner with Chakwera and Chilima coming second and third, respectively.

But Mkandawire further observed that the two cases arose out of the same transaction; as such there was no good and sufficient reason to continue hearing them separately.

Follow and Subscribe Nyasa TV :

Sharing is caring!

0 0 vote
Article Rating
Follow us in Twitter
24 Comments
newest
oldest most voted
Inline Feedbacks
View all comments
Honorable Dausi
Honorable Dausi
1 year ago

I have declared my as a President of Madando and Tipex in Banana Republic of Malawi

Peace
Peace
1 year ago

Hell no! Judge Dingiswayo Madise is cousin to Mary Chilima, he should be the first to recuse himself from this case! I mean, direct cousins!

Galumtsukwa
Galumtsukwa
1 year ago

What was the chief justice thinking for fӍk sake? What has changed in Potanis relationship with Harris? I hope this is not rigged and fixed coz if justice is not done then or seen to be done then Malawi will burn for sure.
24 days..counting down.

tobia
tobia
1 year ago

ndani sakonda ndalama. mwadziwa bwanji kuti enawo ndi abwino

chemalembo
chemalembo
1 year ago

it makes sense for Potani to be out of this case

chemalembo
chemalembo
1 year ago

it makes sense for Potani to be out of the panel

ayaka
ayaka
1 year ago

Madadando over madando. Mumafuna nkhani ipite ku court pano mukulimbana ndi ma judge kenako mulimbana ndi chiweruzo. I can see that the MCP~UTM alliance is just desperate for power. Let me assure you that you will not succeed. Mukhala mukulira choncho mpaka imfa. We voted for DPP period.

Phiri
Phiri
1 year ago
Reply to  ayaka

Then if that is the case we should divide the country so that the south should be an independent country to be ruled by dpp for ever

Omex70
Omex70
1 year ago
Reply to  ayaka

@ayaka, we know that you voted for DPP using Tippex not using votes. This is why we are challenging that and sooner or later justice will prevail.

Tizanka
Tizanka
1 year ago

Are the so called political commentators now in charge of selecting judges based on their preferences?

Gabro
Gabro
1 year ago

Kkkk. Almost aliyense is pro DPP. Akabweretsanso Kenyatta Nyirenda ndiye hiiiii. Kapena Dunstan? Amayooo! Tiyese Anaclette Chipeta bwanji? Zayang’ana ku Dazibomu basi

Chimbolo
1 year ago

Advice to our judges any misjudgment would fail the continuity of this country.Nota Bene !Jesus was once judged but when you look deep in his judgement ,Jusus was wrongly judged ,but if you again look at past prophecy that is what was to happen to Jesus.I therefore advise that the majority demand must be looked at carefully to avoid anarchy. We need Malawi to continue ,our children go to local schools while Mr🌶??X has no children here.He has a house in Algeria. Priority is to avoid war despite Western oral defence in courts.

shares
Read previous post:
Ansah won’t resign, MEC tells Chilima: Malawi awaits evidence of her misconduct

Malawi Electoral Commission (MEC) says its beleaguered chairperson Jane Ansah is not resigning from the pollster as demanded by UTM...

Close