Justice Mwaungulu says Court erred in ruling MEC incompetent

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.’

Justice Mwaungulu: The court erred 

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.

 

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CADET 3
CADET 3
8 months ago

The only judge that can stood so low to be twisted by cadets. In any case, majority rules. All judges except him went for the kind of ruling, so let him live with his faulty opinion.

Thubu
8 months ago

Mwaungulu masanzo akowo, ife sitingawanve. So you want to play Mr best judge in Malawi don’t you? Shame on you!! You want to dress down your fellow judges in public on Facebook, don’t you? Ubwino wake tonse tikudziwa kuti ngakhale sife ma lawyer kuti the use of tippex was a gross irregularity!!! If you don’t know Mr mwaungulu, law was written naturally in the hearts of men,that is why it doesn’t require one to go to xul in order to know kuti kuba ndikoyipa. Ndiye iweyo usayatse moto mmalawi muno ndi zolemba zako zopusazo,ukuona ngati waphunzira wekha eti .

Joni
Joni
8 months ago

TOOO LATE Justice Mwaungulu…even if you were here with your poisoned mind it would have been 1 against 6 after voting ndipo DPP & MEC Alliance imaluzabe….komanso ma judge onsewa 12 wanzeru mungakhale inuyo nokha basi kapena mukufuna mukapanga retire akugayileni ndalama akuba panopa?

BY THE WAY, MULI PA LOCK DOWN khalani chete, mudzatipeza tili m’boma lina…..komanso mwachita bwino kuti musabwere kuti voti yanu mungapereka kwa a pumbwawa!!!

Nedi K
Nedi K
8 months ago

Am not a lawyer. However, I feel we could have as many legal opinions as there are judges. Yes indeed an opinion of a respected judge like Mwsungulu. He too could err. He is on Facebook. The other judges were on the field. Let’s move on! Zimenezo ndi za mkalasi mwanu👩‍🎓

kachakwera
kachakwera
8 months ago

No need to emphasize and it doesn’t need somebody to go to school to know that most of our judges don’t work professionally and they are incompetent even a typical farmer from Chitipa can do better than the so called judges that’s why fellow judge has scrutinized the competence of other judges.

mofolo
mofolo
8 months ago

Supreme and High Court Judges are humans they make mistakes. In this judgement many mistakes were made but for the sake of progress let us move on. Dont dwell on the past.

PhD, Jerusalem University
PhD, Jerusalem University
8 months ago

You mean that all 12 High Court Judges are dull and only Mwangulu is right? This is not the right forum to speak to this Judge and we can remind him many cases he caused controversial and the guy is insulting you and you further clear the road.

Joni
Joni
8 months ago

correct…iwowo ndiye ali ndi monopoly of intelligence!!!!!

Kangaroo_Court
Kangaroo_Court
8 months ago

Judge Mwaungulu should know and understand the meaning of Incompetence,why should we beat about the bush yet we know they failed to do something successfully.Before I proceed,let me define the word “incompetent” It means inability to do something successfully”So MEC did not do something they were supposed to do amicably,they turned the other way round.So that’s incompetence.Calling MEC incompetence,that’s a right description anyway. Mwaungulu just wants to get something as he is retiring,that’s opportunistic syndrome.He wants to get favors from DPP,that’s not the to go discrediting the most respected judgement.Even the whole world has seen democracy flooding over and all… Read more »

mchisala
mchisala
8 months ago

This crap from a judge that over-rates his competence and has a shameful and unprofessional habit of prejudging cases. Mistakes can result from lack of competence or simple misjudgments, if we are able to acknowledge mistakes why would we not acknowledge incompetence????!!!!!!

jonas
jonas
8 months ago
Reply to  mchisala

Join the discussion…inu mukudziwa kuposa iyeyo?

katayeni chitutu
katayeni chitutu
8 months ago

that is mwaungulu’s opinion not court rulling……

Namulondola
8 months ago

Court ruling are opinion too

Joni
Joni
8 months ago
Reply to  Namulondola

….But why doesnt he think that he can also make a mistake too….he thinks he is always right…too selfish!!

gwedeza
gwedeza
8 months ago
Reply to  Joni

Very

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