Lawyer Kaonga asks court to remove Malawi presidential election results injunction
The State and the Malawi Electoral Commission’s (MEC) have applied to the High Court to discharge and injunction obtained by Malawi Congress Party (MCP) on Saturday ordering MEC not to release results of the presidential vote until a judicial review of the complaints had been heard and results from 10 districts were verified.
Lawyer Andy Chikando Kaonga of Wilkinson & Associates, filed a sworn statement in support of an application to discharge the injunction obtained by MCP and permission to commence judicial review.
The lawyers will face the judge in court Sunday morning for the matter.
In his submission, Kaonga argues that the law says complaints relating to the elections must be resolved within the maximum eight days between polling and the announcement of result.
He pointed out that since the polls were held on Tuesday May 21, MEC is therefore “within time to resolve the complaints” lodged by MCP.
MEC wants the MCP injunction set aside “with costs.”
Kaonga argues that MCP obtained permission for judicial review on “suppression of material facts.”
MECchairwoman Justice Jane Ansah said on Saturday that the presidential results would be delayed until matters cited by the court were resolved.
“Presidential results have been withheld until we resolve the issue of the court injunction which we have received. We are dealing with all complaints,” Ansah told a press briefing at the national tally Centre in Blantyre.
Another opposition presidential contender, Malawi’s Vice President Saulos Chilima, has called for results to be annulled over “serious anomalies” reported during vote counting.
“These serious irregularities have, in fact, worsened and, in the process, the credibility and integrity of these elections have been significantly compromised,” he told a news conference.
The international observer mission – that included European Union and Commonwealth – described the vote as “well-managed, inclusive, transparent and competitive”.
Malawi’s 6.8 million voters also elected a new parliament and local government councillors in the 21 May vote.
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The integrity of the whole process is questioned from Printing of Ballot paper what controls were put? The auditors were supposed to be involved in. The putting of teachers as presiding officers after dubious promotions, govt using state media, handouts being condoned. Otherwise there is no democracy. And irregularities are just the consequences.
Awa sakonda dziko lawo ndipo chilungamo sachidziwa koma ndalama ndiye Mulungu wawo kuvetsa chisoni.
A lawyer doing his job. Kutukwana si fundo ayi. If our thinking level can only take us as far as kutukwana then we as a society a more than dull. If people cannot hold an issue based discussion it might mean they don’t have the capacity to do so. SHOULD WE SAY ANAKATENGA INJUNCTION NAYE WADYA CHI BANZI?
Just wondering why injunction was obtained from Lilongwe when MEC main offices are Blantyre?
Is is k80million or K800million that has made you defend the DPP?
These are the kinds of unpatriotic lawyers with no love fir their country but just baseless arguments. If MEC itself said it will not announce the results until all complaints are resolved, why should they rush now to announce the results when one important stakeholder is complaining? They are within the 8 day period, so let them resolve the issues and not rush to announce. Why rush when they still have time??
Anthu ofuna kulemela mwachangu amenewa ati apeze makobili anthu akudandaula
Inensotu Mia and Simbi Phiri andilemeletsa mwachangu…. kkkkkkkkk
What was the role of the much talked Internal Auditor?. Has the Auditor already issued and shared an interim report with stakeholders before announcing presidential results? Malawians are being told that presidential results are being changed in favour of Peter Muthalika. If the auditors report does not highlight the substantive anomalies that have substantial impact on the results, then we Malawians must report the incompetence of the auditor to relevant regulatory bodies.Lastly, some of these unethical lawyers must be taken to task, they must not mess up with our country behind legal technicalities.We need to deal with them now.My advice to MEC is to act professionally and be ethical minded otherwise Malawians are ready to fight, you have seen how Lilongwe the biggest district has voted, the Lilongwe has sent a clear message, take it or leave it.
Koma atumbukanso nde uchitsiru sumakuthelani!
Kusankha ma ex kuti ayang’anire zisankho my foot,,,
Bwana Andy mufuna akupaseni unduna kapena kuti nanunso mutchuke?
The government lawyer acting on behalf of MEC indicates MEC has up tob8 days to resolve issues that 8 days is Wednesday next why approaching the Supreme Court on Sunday
Other consideration is the face one constituency Lilongwe South-East East has not had the opportunity to vote.
It is MEC position in Government to all citizens if Malawi registered to vote have that opportunity. If the presidential candidate is announced these 26,000 voters will be reduced to participating in a by election
India just completed 6 weeks if voting Malawi should do the same for the rights of Lilongwe South East to vote before being informed who their President will be.
When laywerz eat buns
There is no doubt one desperate party was rigging the results, so re-counting is a must. Malawians should not be taken for a ride again. Stand for your rights and fight this corruption, and get rid of thieves.