Legal battles over firing of 2 MEC commissioners begin as DPP files for review of Kunje, Mathanga sacking

Legal battles for the firing of two embattled Malawi Electoral Commission (Mec) commissioners has began in earnest as the opposition Democratic Progressive Party (DPP) has filed for a Judicial Review over the decision by government to fire Jean Mathanga and Linda Kunje.

DPP Secretary general Gresdar Jeffry with lawyer Charles Mhango at the Court

Lawyer Charles Chidongondo Mhango , who is representing the DPP in the case, said the application is based on three grounds.

Mhango said the first ground is that the decision to rescind the appointment of the two commissioners has been communicated by Zangazanga  Chikhosi, Secretary to the president and that it does not  mention the president and who has made the decision.

Secondly, he says the decision has got effect of removing the two communications  from office without following the Constitutional provision that stipulates how  a commissioner is removed from the commission.

Mhango said thirdly the two commissioners have so far participated and presided over serious elections including the 2020 presidential elections and other by–elections.

He said the decision to fire the two has the effect that all along the two commissioners were never appointed and it means that the elections were held without a full commission.

Mhango has said that the High Court in Lilongwe will hear an application to commence the proceedings on Thursday next week.

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MCP Diehard
MCP Diehard
21 days ago

What is so special about these two commissioners that the AG and MEC chair are desperate to shield and protect them? They were found incompetent by both Concourt and PAC thus Mutharika should not have reappointed them again but only did so out of spite and arrogance. We have millions of people who can do the job much better that it’s incomprehensible why the AG and the MEC chair are creating a crisis where there is no crisis. If they don’t agree with the President’s decision on the two commissioners, please resign as the President is the CEO, and his… Read more »

mboba
mboba
21 days ago

This has united rival camps kkkk, You cannot win, in the same courts you despised!!! DPP will end up paying these commissioners themselves, remember you were supposed to nominate 3 commissioners but you ignored the same constitution and nominated 4 commissioners for yourself, we know you are the system

Shamwari
Shamwari
21 days ago
Reply to  mboba

In other words in Malawian courts there is no justice right. It’s all about corruption if courts are not happy with you even if you have clear case you will not win

Kamchiputu
21 days ago

The law does not compell the President to fire any MEC Commissioner because it says the President may…. This means the President is at liberty to follow the recommendation from PAC or ignore it and that’s excatly what Mutharika did. Sorry don’t consider me to be DPP supporter nor any other party. I am not, but I am interested in bringing out facts. If by ignoring the PAC recommendation was done against the law then, PAC should have sued Mutharika. MCP brought the case about the 2 Commiisoners before the court and eventually withdrew it, why? Stupidity.

Mbuya
Mbuya
22 days ago

DPP, can you find justice in MCP courts? I doubt!

Acting thembalamathemba
Acting thembalamathemba
22 days ago

Lazalo mwadzina lake, everything he touches turns into black

monosile
monosile
22 days ago

Zivute zisavute DPP sitikuifuna isazabwerenso.

Wadi
Wadi
22 days ago
Reply to  monosile

Kumati sukuyifunanso , sitikuyifuna ukulankhula ngati mwa iweyo muli anthu 1million bwanji

Joni
Joni
21 days ago
Reply to  Wadi

Indeeee, actually osayifuna DPP ali OVER 2MILLION it’s only Lomwez remaining…maka maka ofa mutu ngati iweyo!!!

Mwini muzi
Mwini muzi
22 days ago
Reply to  monosile

One thing you should know is that people will never revert to one party state under MCP disguised as Tonse Alliance. For this reason, DPP will still exist and even become stronger by the weaknesses of Tonse Alliance. The weaknesses are visible: nepotism, regionalism, corruption and theft etc all these being the reason for those demonstrations.

Last edited 22 days ago by Mwini muzi
Joni
Joni
21 days ago
Reply to  Mwini muzi

Nanga poti DPPso imapanga zomwezo….bolaso boma latsopanoli…..

Kamchiputu
22 days ago

Mr. Chakwera as President you should learn to be tolerant. The decision to fire the two Commissiners will certainly backfire and haunt you.Who ever advised you to take this action doent love this country because the consequencies will be huge and regreteable.I am looking a the second ground by DPP as the one that is going to pin the President down. Both the Courts and PAC found the Commission which was present in 2019 elections incomptent but the incomptentenc e does not apply to the current Commission and the Present did not receive receive recommendation to fire any current members… Read more »

chipapwiche
chipapwiche
22 days ago
Reply to  Kamchiputu

Can a rat be tried in the court of cats?

Lego
22 days ago
Reply to  Kamchiputu

In the first place these two rats were appointed not on merit but to give them thanks on what they on 2020 elections.The court and PAC found them guilty of what they did but Mutharika ignored everything thinking that he will be Wamuyaya.You should not blame Chakwera rather blame your APM of his deliberate move he made.In the first place he appointed 4 from his party instead of 3,all these shows the man was above the law.I second with Chakwera for firing these too rats.You could even see how rude Kunje was when meeting the PAC delegates.Its over now!

Wachiyao
Wachiyao
22 days ago
Reply to  Lego

The issue here is not necessarily whether Kunje and Mathanga are competent or not. That was already made clear by the Parliamentary Appointments Committee, and we all know that these two were found to be unfit for the position. What matters now is HOW they were fired and its implications. Were the right procedures followed? Were the reasons well thought through before putting them to the two and the public? Did the authorities seriously consider how the two, their supporters and their lawyers would look at the issue? Did they think of how it could be interpreted by those who… Read more »

MCP Diehard
MCP Diehard
21 days ago
Reply to  Wachiyao

The President did nothing illegal. He dismissed them as the appointing authority. Don’t forget that the President can dismiss anyone in government for any mishap. You are treating these incompetent women as untouchable when they are nobodies and only got to be commissioners because they are from the lhomwe cabal.

PAC found them incompetent. End of story.

B banda
20 days ago
Reply to  Wachiyao

Esshhh, let us wait and see

Jobasi Chikweche Ngozo
Reply to  Lego

The two are human beings and not rats and they will never ever become rats. Please mind your language when sharing your views. Tonse alliance government can never be defended. They have messed up period. The voters and international communities are there to see for themselves.

Joni
Joni
21 days ago

They are rats and RUDE and ROTTEN rats for that matter…especially Kunje…

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