The outspoken and influential Supreme Court of Appeal judge has faulted the Constitutional Court for declaring Malawi Electoral Commission (MEC) incompetent, saying the court ‘misspoke.’
In a comment he posted on his Facebook wall, Justice Dunstain Mwaungulu said MEC is part of the Judiciary-as a court or arbitration on ekectoral disputes.
“A court cannot say that another court is incompetent. A court can make mistakes-and I know of no court that does not. That goes to an error of law or judgment. It does not go to the competence of a court,” says Mwaungulu.
He says there was failure here to recognize and respect an inferior court to the High Court and Supreme Court by the latter courts.
The MEC commissioners that have left office are Justice Jane Ansah who resigned as chairperson, Mary Nkosi, who proceeded on leave a couple of weeks ago ahead of the expiry of her contract, Elvey Ntafu, Moffat Banda, Yahaya M’madi, the Reverend Clifford Baloyi and the Reverend Killion Mgawi.
But President has retained his Democratic Progressive Party (DPP) representatives Jean Mathanga and Linda Kunje in the new MEC team from the previous embattled commission that presided over the May 21 2019 Tripartite Elections whose presidential election was nullified over irregularities.
Mwaungulu was not part of the Supreme Court judges who upheld the Constitutional Court ruling which among other things, said MEC was incompetent.
The Judge was trapped in lockdown in the United Kingdom when the Supreme Court judges heard the elections case.