Malawi court quashes Mutharika’s re-election, orders fresh voting

February 3, 2020 Wongani Chiuta - Nyasa Times 68 Comments

A five judges panel of High Court of Malawi sitting as the Constitutional Court in the presidential election nullification petition has delivered its judgment and nullified the re-election of a sitting president, Peter Mutharika on May 21 2019.

Mutharika: Not dully elected, court says
Spouse to Sidik Mia greets Chilima at the Court-pic by Lisa Kadango

The court delivered a summary judgement as Justice Healy Potani, chairing the panel of judges, said  the whole final judgement document will be made available and shared Tuesday by 4pm.

Potani, who said the court has analysed the importance of the case to the nation and legality of the petitions, said the court considered whether Malawi Electoral Commission (MEC) infringed on the petitioners’ political rights under section 40 of the Constitution central to the determination of the case

The court declared the presidential result “invalid, null and void” after siding with the petitioners, which had argued that the vote had been fraudulent.

“It has been our findings that irregularities and anomalies have been so widespread, systematic and grave that the integrity of the results have been seriously compromised,” said Potani.

The judges said the electoral body failed to conduct the elections in the manner and dictates of the Constitution.

“We hold the first respondent (Peter Mutharika) was not dully elected during the 21 May 2019 elections. We here by order the nullification of the said elections,” he said.

Mutharika was declared the narrow winner of the May  2019 election with 38% of votes, followed by Lazarus Chakwera with 35% and former vice president Saulos Chilima third with 20%. The four other candidates collectively got nearly 6%.

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68 replies on “Malawi court quashes Mutharika’s re-election, orders fresh voting”

  3. Does APM still maintain the EU, SADC, USA, the Commonwealth agreed you won the election fair and square? African Americans must wake up and stop trusting the so-called Election Observers/Monitors. They just come for a holiday. How many stayed up to votes tallying, the real crux of the matter?

  6. Well Done ConCourt! Your resisted DPP intimidation and refused to be bribed. Please keep your eye on the implementation of your decisions!!

  9. It’s a fresh elections. Remember APM was in the lead the case was about mec & APM was only declared winner. Musathe mawu there is still a vote to come. Can your party command a 50+1. You will still need the same.people.mukuwatukwana apa. Let’s be sober until the last
    It’s not over until its over

    2. It’s not 50+1 people but (50+1)%. So, yes,those disgruntled may choose not to vote but the rest of the electorate could still achieve the allowed (50+1)%

  13. God bless the five judges including the Chief Justice. You have bailed out Malawians who were in a nasty bondage. I pray to the almighty God for the protection and blessings of our Judges. You are the heroes that Malawi never forget.You refused bribery because of one reason and this reason is that you have love of your own country. Land mark judgment is yet another independence of our Country. Amen.

  16. Am really glad that the Court agrees with some of Us who have advocating for ….A system that insures Majority Elect The President ….An Independent Electoral Commission….Change of Electoral Laws that gives Enough time for Complaints ….But my Worry is that the Rot Runs Deep at MEC …I still Remember those Young men from MEC celebrating with Beer Bottles at Shoprite… Kuti Amukhaulitsa Chakwera….There must be a way of ensuring that we have Professionals at MEC ….Not People who have been planted to Frustrate the Will of the People….

  20. Time for parliament to make laws that should emphasize electoral justice.appointment of mec chair should be by parliament.Results should only be certified by constitutional court after all grievances are addressed.Osati za chbwana zoti I uje declare uje…Zili…..za chibwana.zithe.Amafunikanso life imprisonment for declaring wrong candidate.it is as good as murder.What an incompetent mec chair shame on you you put your selfishness first than a nation.

    1. Anthu nonse mwatchuka ndi mbiri zoipa kubisala ndi chuma ku mbuyo kwa adad tikufunani kutsogolo kuno chaponda ,thomu , kaphale , ntchacha , and many more mudzidzaululana peter simumulungu ayi is human like everyboby why we must stay in buses becoz of few individuals . we need to see malawi changing suleman ntetezeni all judges more respectful .

  23. A lesson to be learnt by DPP. Stop taking us for granted!
    The battle is not yet over. We still have parliament vote and election ahead

  24. MALAWI finaly liberated from thieves who un shameless stole from the poor even trying to bribe their own ego.
    Brother Malawians and sisters let’s clean this messy from now on Malawians first lets make malawi great.

  27. Ma cadet munali busy kutukwana pano,anzanu tinali busy kumuyamika wakumwambayo kuti atichitile chifundo,lero wakwanilitsa popeza anatiyankha kale,mumudziwe JESUS

  29. Thank you our living God. This country is for all of us not DPP alone and we are all your children. teach us to love one another. God bless our five judges and other judges and continue giving them wisdom not money for they are there because of you not Thom Mpinganjira.

  30. VIVA Democracy. Experience has shown how votes from the north put people to power only to become victims of same leaders. We will only celebrate after we get a government that cares

    2. There was no re run in Kenya, they did not
      do the election Baba,muwelengeso ,Odinga just pulled out from the race mbutama inu.

  32. The time for APM and DPP cadets treating Malawi as their own personal ATM is finally over. All the looting over the last 5.5 years should be thoroughly investigated when the new government takes power. What a momentous day for Malawi!

  33. Congratulations the petitioner for your victory. We saw it coming in your favour from the word go, what can we say.
    The only problem I have in the judgement is the declaration of 50+1. If the framers had that in mind they would put the runof clauses in the constitution and moreover the supreme court clarified the majority issue in 1999. What i see is the judiciary strictly focused on removing DPP from power hence putting this 50+1 clause fully aware that the petitioners will gang up.
    Now to my fellow Southerners especially the MPs do not let this 50+1 law pass without splitting the Central and Northern regions just as Eastern region is being slowly detached from the Southern region . If we remain with the current regions we will never produce a president again and will be crying forever just like the North now.
    Split central region by creating a Lake Shore region and Northern region by creating Mzimba region.
    It will be fair to have a majority from 6 regions and rather than 3 tribal regions.

    1. Judges have interpreted meaning of majority vote according to section 80 if parliament fails to rectify 50+1 then we won’t have president since there will be no majority vote so it is a must for Parliament to back 50+1 since it is already in our laws only that it was not well interpreted in the past. Wagwa nayo yeeeeeeeeeeew

  34. Jamax,Kuswa Kuswa,where are you? Akutibulani Satana chifukwa mwamuchititsa manyazi inu! Brave heart, bwelani pano osachita manyazi, O Chataika, kukula mtima ngati Finye,kutukwana ngati ndinu Malawi, Nyau, sinthani mtima woumawo phunzilani kuti anthu akamakhala pheee sikupusa ayi, zosankhana mtundu mumalankhula pano zija,Ife tikuuzeni kuti we all love you, you are our brothers, we are all Malawians, let’s love our beautiful Country.
    Pomaliza pepani anthu asankha Chilungamo.

  39. Those involved must face consequences, ansah dausi and peter maula is waiting. Lets justice prevail by arresting those found guilty sooner than later.

  41. Amalankhula zachipongwe a DPP aja ali kuti pano? Dziko mumaona ngati la ambuyanu. Mwayaluka pano. Bwerani tiyendere limodzi tikonzenso dzikoli.

    1. Tiyeni tikonzediDziko osati as mumdima dzeko ndi anthu tonse osati Ochoa miyagi sistani zimenezo Mulungu wakanawakana.change has come and nobody will stop it.never.

  42. Now after the verdict. It is time to investigate how rigging occurred and who was responsible so that those people can be punished. For how else will we ever stop rigging in the future. All those with information should report it to ACB.

    1. Remember Chilima said he knew how election was rigged and would reveal everything. Well what better time then now to tell ACB how the rigging he said he knew how was carried out. Let’s see if Chilima can deliver this first test of honesty.

      1. Chilima already proved to court and i don’t think kuti angapiteso ku ACB its for what poti a ACB azayenera kupitaso ku court after chilima atawauzaso, for Chilima sangabwerereso ku mbuyo its his time to move forward.

  45. AMEN! Not under Jane Ansah again. She should be relieved of her duties and post at MEC NOW together with all her commisioners! God bless you our judges! God bless Malawi! To Your glory Almighty God!

      2. Paja amati zisankho sizinabeledwe nde mmmmmmm akuyenera kutula udindo pasi kuti analandila mpando mwa chinyengo komaso ananamiza amalawi kuti anawina mwa chilungamo

  47. Fantastic result! Bye, bye, APM and good riddance. Let’s now look forward to a President with some idea on how to govern a country and take it forward with practical and progressive ideas.

        1. tiwona ana adad kukubwerakuno kutenga dziko kulika nyumba mwanu anthu kumavutika cifukwa cha inu winiko ndi thawi yako yopanga sewero labwino ndi manganya.

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