Kaphale says ‘nothing shocks a lawyer’: Malawi Law Society hails new ballot court order
Attorney General Kalekeni Kaphale dismissed an asserting by a journalist of being shocked with the the Constitutional Court ruling nullifying the May 21 2019 presidential election, saying “nothing shocks a lawyer.”
Kaphale was granting an interview to reporters soon after the soon after the judgement as he was asked if the ruling by the five-judge panel of the High Court of Malawi sitting as the Constitutional Court had shocked him.
“Nothing shocks a lawyer. There were two decisions we were expecting and we have one,” said the top government lawyer.
Kaphale said he will meet Malawi Electoral Commission (MEC) officials to chat the way forward following the ruling.
The Attorney General, who represented MEC in the case a government chief legal advisor, said he is yet to read the five judge Constitutional Court ruling and meet his client.
“I can only comment after meeting my client,” said Kaphale.
He said as a lawyer, he was not surprised with the ruling, saying in any court, lawyers expect to win or lose a case.
There was no immediate comment from President Peter Mutharika’s legal team which was led by Frank Mbeta, largely missing at court and Samuel Tembenu ducked reporters.
However, UTM president Saulos Chilima’s lead lawyer Chikosa Silungwe said he welcomed the ruling.
The court has ordered for a fresh election within 150 days from Monday, February 3, 2020.
Legal expert Justin Dzonzi described the ruling as momentous, saying it is an elaborate ruling.
Malawi Law Society (MLS) has also welcomed the ruling as as well explained, thoroughly considered and serves the rule of law.
MLS and Women Lawyers Association (WLA) joined the presidential election nullification petition case as friends of the court.
South Africa-based Malawian legal scholar Danwood Chirwa described the ruling as “the most momentous decision in the history of Malawi”.
He said the judges were exceptionally courageous and revamped our Constitution as the framers intended.
“They’ve breathed new life into our otherwise decaying democracy, with the possibility that we can now confidently say that the struggle of the early 1990s has only now, more than 25 years later, borne fruit,” said Chirwa, who teaches law at the prestigious University of Cape Town.
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ma loya ndi onse koma!!!!
awa poti amalandila envelope yobwera pa cyrine. zawavuta. ana obadwa kwa azimai acikalambile amakhala ngati kuyenda kwa nanzikambe.
spolied only child.
dziko ndi pla aliyese ili dhala. tinkasewela limodzi pano tanvetsa zmuja munkacitilamu.
koma nchito inalipo ndi a teacher ajnyway ndiesa mupumako pano.zinazo muziona nokha
Chati delu chidaopsya MLEJE…….. LOYA sumatekeseka eti? U LOYA wake wanuwu?
As long as u r a lawyer defending visible corruption just for the sake of enriching urself I shall never respect u no matter what.
very true
Remember what Prof Danwood Chirwa was saying early in the case? Much is different. In fact he agreed to Mutharika winning and the AG’s case. Now of course he has seen the light.
Osaiwaal mkulu wake wa Chairman wa MLS ndi wa DPP, ndiye ,ukuganiza kuti MLS ingakhale mbali iti. Akungonena poti zatero. Ma Judgewa akadakhala ngati Lusungu Gondwe ndi Chifundo Ngwira dziloli litapita. Our Judges have made their CVs stronger and I will not be surprised if any f them will be hired elsewhere to hear electoral cases either in SADC or in any Commonwealth Member State. Ma Judge onoledwa ndi Chancellor College yakale ya Ngwazi Dr. Hastings Kamuzu Banda. Mastandards ake osachita kufunsa. Enanu tikuonerani oopseza ma university kuti akupatseni ma Honourary Doctprate Degree chifukwa chongosesa zinyalala pa mseu. Zikutha zimemezi… Read more »
The only thing that shocks a lawyer is when he or she is de-barred from practising. Lusungu Gondwe, start praying to your God without ceasing.
This Malawi Law Society is a Shame …Bolani Women Lawyers Association….Kufunika atsogoleri anzeru ndi okonda Ziko lao ku MLS ….
MLS is crying – do not fool us here.
I agree with you. MLS was not on the side of majority but those few selected people. Great they judges decided otherwise…
Even their decision to join the case was very questionable to say the least. Shameful indeed.