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.
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.
I have declared my as a President of Madando and Tipex in Banana Republic of Malawi
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!
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.
ndani sakonda ndalama. mwadziwa bwanji kuti enawo ndi abwino
it makes sense for Potani to be out of this case
it makes sense for Potani to be out of the panel
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.
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
@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.
Are the so called political commentators now in charge of selecting judges based on their preferences?
Kkkk. Almost aliyense is pro DPP. Akabweretsanso Kenyatta Nyirenda ndiye hiiiii. Kapena Dunstan? Amayooo! Tiyese Anaclette Chipeta bwanji? Zayang’ana ku Dazibomu basi
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.
Madise wakuba ngati ameneyu……jehena ikukudikilani posachedwapa
kkkkkkk madise anaba ndalama za big bullets fc nde pano akuti akhale judge apapa a dpp akdziwa kuti onsewo awaphamika ndi ma millions basi nkhani ithera pompo
Start with Potani first , he is compromised.
Potani loves money too much, he must not be anywhere near this case, he backed indianswho are destroying our beloved Mw with plastics. He is not patriotic, achoke.
LILONGWE, Malawi
CONGRATULATIONS TO YALI- MALAWIANS!!
U.S. Ambassador to Malawi Virginia Palmer today announced that 17 Malawian young leaders will participate in the 2018 Mandela Washington Fellowship for Young African Leaders in the United States. This current cohort brings the number of Malawian participants to 85 since the Mandela Washington Fellowship began in 2014.
https://kmaupdates.com/17-malawians-to-participate-in-the-2019-yali-mandela-washington-fellowship/
Let the judges do their work please. Do not interfere with the judiciary.
Madise and Potani should both recuse themselves from the case. All along, we thought that the judiciary was clean. Given the Judge buying spree that the DPP has engaged in, there is nothing left of the Malawi state to be hoped for. We are a BANANA REPUBLIC RULED BY A BUNCH OF CROOKS WITH CROOKED JUDICIARY THAT CAN BE BOUGHT.
ALL THIS TEMS FROM ONE STUPID MISTAKE MULUZI MADE BY NOT APPOINTING MALEWEZI IN 2004 IN FAVOUR OF BINGU.MULUZI SHOULD BE HANGED FIRST AS A START OF STATE CLEANING UP EXERCISE.
It is Judge Dingiswayo Madise who must recuse himself from the case because of his recent comments over elections. He is more compromised than Judge Potani.
Details. What did he say? I hear he’s corrupt as well
Uttering mere comments over the elections are not enough to warrant a judicial officer recusing himself or herself from a case. It has to be that the judicial officer is related to one of the people involved in the case. Potani’s issue in this respect stands out.
Judge Madise are in-laws with Chilima….Madise is a cousin to Mary Chilima…..he also has to recuse himself
THIS IS SO PATHETIC THAT MANY MALAWIANS HAVE LOST TRUST IN OUR OWN JUDICIARY LOOKING EXACTLY WHAT HAD HAPPENED IN 2014 ELECTIONS. I TOO CAN CLEARLY SEE THAT THE OPPOSITION PARTIES ARE WASTING THEIR TIME WITH OUR COURTS. ONLY GOD WILL BE OUR JUDGE WHEN IT IS SO. POVERTY IS A SIN KUNO KU MALAWI. YOUR FRIENDS HAVE MONEY HENCE THEY ARE EAGER TO A HEAD WITH THE APPOINTMENT OF CABINET MINISTERS BECAUSE THEY HAVE ALREADY RESULTS FROM THE COURT.