Legal expert say whole rotten MEC must go: Ansah and her commissioners ‘must be judged the same way’

A law expert has said demands for  Malawi Election Commission (MEC) chairperson  Jane Ansah to abdicate from  her office should be extended to all her commissioners  on claims that the May 21 presidential elections were fraudulently managed  and the opposition claims were rigged.

MEC chairperson Jane Ansah and some of her commissioners

There have been fevered protests pushing for Ansah’s ouster organised by civil society organisations (CSOs) under the banner of Human Rights Defenders Coalition (HRDC) who seem to be aligned with  the opposition Malawi Congress Party (MCP) led by Lazarus Chakwera and UTM Party led by the country’s former Vice President Saulos Chilima.

The electoral body, which declared President Peter Mutharika  of Democratic Progressive Party (DPP) won re-election with 39 percent, denies any vote-rigging.

Both Chakwera and Chilima have been challenging the election results in court and calling for a re-run.

But private practice lawyer Justin Dzonzi, in quotes reported by the local press has wondered as to why only the MEC chairperson is being taken to task when there is a whole list of people who might have been involved in alleged ‘messing up of the elections.’

He argued that the contribution other made by the commissioners is far much less than the contribution other officers such as chief elections officer, constituency returning officers, head of IT, auditors and others made who he also faulted for approving contested results.

“MEC commissioners must have reached a consensus to approve the contested results and the fact that no commissioner objected them, then they all must be judged the same way,” explained Dzonzi, who is also executive director of Justice Link.

Legal experts have also pointed to the Constitution —the supreme law of the land—that gives a lee way to remove Ansah.

Section 75(4) of the Constitution states that a member of MEC may be removed from office by the President on  the recommendation of the Public Appointments Committee (PAC) on grounds of incapacity or incompetence in the performance of duties of that office.

Malawi Law Society honorary secretary Martha Kaukonde has described the what Section 75 (4) stipulates as “viable process” to remove any MEC commissioner.

Ansah, a judge at the Supreme Court of Appeal,  is on record saying that those calling for her resignation need to operate within the confinement of the law.

The embattled MEC chair has said she will resign is the Constitutional Court find her supervision of the electios was below the expected standard.

In the disputed elections, Chakwera was a close second with 35 percent while Chilima was third with 20 percent.

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YAKWATA ALENDO
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YAKWATA ALENDO

zatikwana izi

tung'ande
Guest
tung'ande

load of trush unfaur comment. just because Ansah did not pronounce your favoured candidate as winner then the elctions were marred if tAnsah had pronounced Chakwera as winner then these so called lawyers would have praised her

Kanyimbi
Guest
Kanyimbi

Which matter is in court? There is no Jane Ansah case in court kumbwambwana bwanji why r u pushing civilian request to court? Anthutu akuyenda kumuudza kapolo wao Muthalika kuti ife tinamulemba ntchito yolemba ndikuchosa atichotsere omai Jane Ansah sitili uwafunanso ochoke pampando wa MEC tere.

Trummalawi
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Trummalawi

Ngati Mulungu ali Jane Ansa adzamutsutsa ndani? Iyetu adzasiya udindo pamodzi ndi her commissioners once the court find them guilty but if not she will have all the reasons to say Zikomo Ambuye pondimenyera nkhondo, ndalimbanana nako kulimbana kwabwino and she will not revenge to the atrocities she has gone through. So felow Malawians be cool till the court finishes the proceedings.Tingodikira, tiauze omwe akufunitsitsa mpando wa utsogoleri kuti ambuye akadzafuna adzawapatsa mu nthawi yake

Phiri
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Phiri

Let us Malawians be poor as we are

Charie
Guest
Charie

Palibe zimenezo nkhani ili Ku Court , Jane please osazivera zi anthu za MCP.

Mwinithako
Guest
Mwinithako

Aaahhh Yes this is a purely private layer who have failed to make it!!An insult of jealous to Jane Ansah,Justin Dzonzi have shown that he is just trying to lead Malawians astray. Lawyer Justin Dzonzi is very, very STUPID for coming up with this writing and even the commmender an idiot indeed.KKKKKK DPP is there to rule Malawi whether you like or not,there is no case for electoral riging kkk.Nsanje basi kkkkk,A Chakwera momwe mumawaonera maso aja mumagalasi mwawo muja mumayesa ali ndintima wauMulungu ajawoo????kkkkk.He has failed to make it so he just want to use the HRDC who are… Read more »

Njolo mpilu
Guest
Njolo mpilu

can we be getting what is discussed in the courts than clips on watups. nanga ammidzife omwe tilibe ma foni, tidziwa bwanji mmene mlandu ukuyendera.
awa inalakwa basi. anameza asanamalize kutafuna mde zimaocha pa ntima kufunika kumwera soda

Nzika
Guest
Nzika

If the elections were credible, why does AGM always insist on dismissal of the case instead of accepting a re-run to vindicate himself? In this re-run, Ansah and her rotten system will not be part of it as they have already proved to be partisan and are already dining with the devi, APMl. In future, officers at MEC should not be appointed by the president but rather, positions should be advertised and aspirants to go through interviewes in an open manner. Sizongomupatsa Ansah popeza amamuonetsa APM ntchafu ayi, or kungomupatsa Tadikira poti ndi step-son wa APM ayinso! This is abreed… Read more »

Mr. Joseph
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Mr. Joseph

Now i can see that a lot of people don’t follow the court’s proceedings in a correct way and you are all gone astray, the headline of the case is about “irregularities” as Chilima logged with the court which at at last will divulge the aspects of rigging criteria. Mind you that this case does not take a degree of education to apply for someone’s defence, the MEC system has all the factual truth, all relevant materials will be retrieved from the MEC system which must correspond with their credible process as claimed. The court as of now just want… Read more »

Mphangala
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Mphangala

The AG admitted yet Ansa said she sorted out all the 147 madandos ooops, shame!!!!!!!!

Mchacher
Guest
Mchacher

Mtambo should resign for mismanaging demonstrations. Demonstrations have been marred by irregularities.

Giring'ande
Guest
Giring'ande

Bvuto Zeze ndi Lazalo were fooled by social media reports lero kupits ku khoti nkumangozipaka chitosi chake chomwe.