Malawi Law Society faults President Mutharika for Judiciary attacks
The Malawi Law Society (MLS) has faulted President Peter Mutharika for his continued attacks on the judiciary over the courts’ decisions— nullifying last year’s presidential vote and ordered fresh elections by July 3 as well as the move to grant an injunction stopping the coronavirus lockdown.
Mutharika has bemoaned the decisions by the Constitutional Court and the subsequent upholding of the verdict by the Supreme Court of Appeal as a travesty of justice.
“The court did not follow the evidence and the law. To me it was a judicial coup d’etat,” Mutharika said on Friday.
On Monday, President Mutharika hinted his wish to have the fresh presidential election date shifted to beyond the July 2 2020 court-set deadline due to coronavirus AND continued his relentless attacks on the judiciary when addressing his supporters in Thyolo.
“The courts stopped us [lockdown] from same courts want us to go to an election. Everybody knows that I won the 2019 election! If the court had chosen to follow the law and evidence of the election case, we wouldn’t be going to another election,” said Mutharika, a Yale law alumni and former Washington University law professor.
But MLS president Burton Chidongondo Mhango and honorary secretary Martha Kaukonde have co-signed a statement expressing discontent with the manner and forum the State President has used to express his dissatisfaction with High Court judges after they nullified the May 21 2019 presidential election.
Since the election was nullified on February 3, officials from the DPP have been attacking the judicial system.
And Mutharika has claimed that all over the world, people are laughing at Malawi judiciary because its decision to nullify the elections was “ totally ridiculous.”
Mutharika said the courts decided to nullify the elections despite the fact that they found that they were not rigged and that the irregularities did not affect the outcome.
“What has happened now is that they have set a standard that whenever there is an election and there is an irregularity, that election will be nullified,” he said.
Mutharika is facing leading opposition politician Lazarus Chakwera in the fresh polls that has also presidential pretender little-known Peter Kuwani of the Mbakuwaku Movement for Development.
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Our judges are incompetent and corrupt. That is a fact.
Tell the kachasu man that the courts are not like international observers. The courts look at everything from the evidence to what the law says.
Instead of crying let APM and his cadets appeal to Bwalo la njovu. His babayish crying will not reverse the judgements.
Judges are human and have their own predudices. It is foolish to believe that their ruling is always perfect. The concourt and supreme court determination will indeed cause problems. If we are to be fair the violence we are witnessing is already an irregularity. The violence is systematic.
If you won election, then don’t participate in new elections. Period.
kkķkk hahahaha
@ Wamakala , you’ve made my day.
You’re my the hero/heroine.
Seriously, this old president is simultaneously crying for the seat and the monies which had gone into a big drain.
Panopa anthu asamangoti mwana wanga anakuphunzira univesite ya kunja , iyaaa , Chanco has done Malawians proud.
@ Master ,
wat u’ve raised are simple facts being ignored by these foolish dpp suckers who follow their party blindly.
Courts gave all concerned parties to bring all the evidence on their disposal so that whosoever proved beyond doubt shud carry the day.
In this case, Chilima and Chakwera team proved right and wonthe case.
Period !!
Ndisadzaveso wina akulira mokweza shatapu zanu nonse amene mukusapota anthu akuba awiriwa~Munthalika and atupele
I fully understand APM’s frustrations very well. He is attacking the judiciary because the judges refused to receive a huge bribe package. Unfortunately some middle men he sent with the package ended up kumudyera all the money meant to bribe the judges. He is bitter with the judiciary because of the money lost in the process. Now his dilemma is that he can’t take the people (meaning the folks who chopped his money) to court. Mzanu akulila makobili… mumumvetse APM. Now he also sees the ground under his feet collapsing. Akusowa pogwira mzanu.
Malawi judges and lawyers are very corrupt people, no question about it. Democracy allows us to speak freely, and the president is speaking too. Judges are not immune to criticism, we should stop this nonsense. By saying we cannot critic them we are pumping them. One way of we should our critics. Is through appeal, it means some one is not happy. So even the Supreme Court makes a judgement, it is not always right judgement. They are human and they error I their work too. Stop praising them.
What are you CRYING 😭 ABOUT you Malawian?
Go to the gardens to prepare them for next planting season. Ulesi bwanji 🥬🍆
Totally agree
The Judiciary is not above the law, too. And may be criticised for flouting it. APM is right. A ruling that’s not based on evidence and law is indeed traversty of justice!
Stop this CRYING 😭 BABY SYNDROME 🇲🇼
The judges are relatives and friends of Chilima and Joyce Banda and so they are corrupt and incompetent.
Bakha 🦆 phweeeeeeee
Time up Mr Mutharika. You are in “added time” and instead of using it prudently you are wasting it by making arguments which will not help you. Come on, wake up man!
Unenesko
Ma lawyer and Judges ku Malawiko mumadzimva u think you are above the law.But remember no one is.AKasambara ankasimbea pano ndi awo angothera pa facebook…Tiyene nazo ife tili ku ma stand
Wrong views these are akuluakulu
Cadets ought to take PARAPAIN Capsules to fight the headache they are facing. Malawi is not a property of the Mutharika family. You cannot have an executive, judiciary and legislature being one. Democracy was envisaged such to avoid dictatorship.
That’s democracy! No one can be spared for criticism including judges. Malema of EFF in South Africa condemned the judges for being counter-revolutionary. There was no any noise about it. Uhuru Kenyatta criticized the judges who nullified election results and they never complained. Judges have no Devine Power to worry about and they will feel the heat if their judgements have been concluded desregarding evidence.
Shameless idiot, did u follow the court case and how MEC and DPP failed to defend their mediocrity in that court? MEC was shamelless in that case , Alufandika failed big time, Mkhondia told how they schemed to rigg the elections, fortunately the courts never allowed this injustice to happen
@master: you’ve hit the nail on the head! Some of these DPP detractors leave much to be desired when they rush to defend their party president willy-nilly! Kudos to you, Son of the Soil!
You are LYING. Government comprises of:
1. Judiciary
2. Executive
3. Legislature
These branches do not need to castigate each other by showing the populace their lack of coordination. We’re not supposed to witness their infighting in public. It’s incomprehensible.
Don’t wash dirty linen in the public 🇲🇼
The heat should go to Thom Mpinganjira and Peter Muntharika who attempted to bribe the Judge with Mk100million.
That was pure declaration that they lost the Election . Why they intend to bribe the judge if Muntharika knew he won Election freely??
The Judiciary is Not immune to criticism. If The Legislature and The Executive are consistently criticised. Then the Judiciary is equally a fair game.
Yes true they need to be subjected to CHECKS AND BALANCES but what’s happening now is inconsistent to public security as populace become confused 😵
Use of tippex is not permitted in our electoral laws. And there were many other irregularities. This is why the 2019 presidential election was annulled. Simple.
As a trained lawyer, APM should know better. The ConCourt gave their ruling in February. He was not satisfied. He appealed at the highest court in the land. Here too the SCA confirmed the ruling of the lower court. Continuing to talk about the annulled election result is not helpful. Accept the ruling and move on.
Other people keep saying that if the presidential election was annulled then the parliamentary and local govt elections should also be annulled. This is ignorance. The people dont know how our judiciary works.
The courts begin to work on a particular case if somebody goes to complain. Simple. For the presidential vote Chilima and Chakwela went to court to complain. Based on evidence presented the courts have agreed and annulled the vote.
There are isolated court cases in various wards and constituences where aggrieved parties have gone to court. Based on evidence presented the courts will adjudicate accordingly.
Educative
50 + 1 was not on the menu! Where did it come from?
It came from our Laws of the land, don’t cry 50+1% is a joker mulira nayo. U were used to boast kuti mulamurila mpaka 2084 koma 50+1% akukhomani nayo m’mutu mwakhaula.
It came from the constitution, I would urge to go and research how many ways judges could use it to interpret the law. For example, if the Supreme Court judges wanted, they would’ve removed the presidents (APM and Chilima) from office because both the presidents didn’t win the 2019 May elections. Where would this had come from, that’s if it happened.
Don’t worry about this nkhalamba, he’s on his way out. His mental health is very questionable at the moment though.
Nyirenda the Chief Justice and all those who sat with him to hear the appeal case are thieves.
APM is quite right and all of you whom u blame him dont know what you are talking about. The president is not attacking the judiciary is worried about how the judgement was delivered.
1. They based on the use of tippex as one grounds to annul the elections and yet tippex was used on all Form 66 sheets for presidential, parliamentary and conuncillors why only nullifying presidential?
2. They said the presiding officers did not sign the form 66 yet all results for presidential, parliamentary and coucillor were on the same sheet why should failure to sign by presiding officer only affected presidential results and leave the other two?
3. They blamed use of tally centres as unconsititutional yet the tally centres were used for presidential, parliamentary and councillors why should this tally centre affect only presidential results and not the other two?
4. They blamed use of duplicate sheets yet all the contestants had their figures written on these duplicate sheets why then should they only affect presidential results?
5. Despite nullyification both courts had not indicated anywhere in the judgement that there was evidence that MEC helped to favor any particular candidate neither any evidence that DPP rigged the elections; bcoz all the evidences brought to the court were thrown away.
……..and many more.
So based on few areas highlighted do you any justification here? What could be right was to nullyfy the tripartite elections thereby conducting election for presidency, parliamentary and councillors. Ichi ndiye chinali chilungamo. How could you blame MEC for incompetency on the part of presidential results and the same applauded for parliamentary and councillor results? This is total hypocricy and hence i totally support what APM and MEC did to appeal though supreme upheld the decision by the lower court. Koma what APM said is right because what will be happening is that any irregularities would mean fresh elections ichi ndiye achidzala chifukwa umboni ndi womwewu tiri nawowu tifunanjinso
You’re very stupid
Lack of counter logical facts thus why you swear!
Inunso ndiye ndinu osamva basi. The issue of why the parliamentarians’ and councillors elections were not nullified have been explained time and again but tin your case they are falling on deaf ears. In short, Mr Chataika, PALIBE AMENE ANAKADANDAULA KU COURT . It’s as simple as that. Khothi linaweruza mlandu umene linapatsidwa. Mudzamva liti?
If we go by your argument who went to court to ask for reinstatement of the VP? Who went to court to ask them to interpret majority? Who went to court to ask them to declare constituency tally centres as illegal. It follows that if the court made determinations on issues they were not moved then they should have nullified the whole tripartite elections. Let alone there is no stand alone presidential elections act.
Up to now you don’t know that some mps and councilors are self funded therefore cannot be told what to do? Those who didn’t won the election and have concrete evidence that the election was rigged can go to court and you have seen yourself in districts like Mangochi and Blantyre. So don’t expose your ignorance about the law.
Chataika,
Are you confessing through this comment that u area certified dunderhead? shameless idiot, Mangochi west was nullified last and supreme court upheld the ruling of high court, thats how courts move to work on issues of fraudrent elections, without complainant taking the matter to courts Judiciary cant act on it
Long and confusing narration
Tamusiyani Chataika Mbuzi yachabechabe iyi. Alibe ndi ubongo womwe, mamina okhaokha ya blue DPP. Kikkkkkkkkkk! Ati kugundika kumalemba pano mopanda manyazi. Paulendo DPP!
Kodi anthu mudaphunzita law, mulibe ethics? Why? First was Jane Ansah, second is this guy
If you are a chartered accountant, using derogatory language can lead to expulsion and thus putting a professional in disrrpute
The only problem I see is dumb Mutharika’s shameful ignorance of the law and lack of respect for the same!!! Trust me, I very much doubt if this guy has ever been inside a law class.
APM, ngakhale ma Judge nawo they had their vote tippexed, so what did you expect
Do not attack the judiciary. Our judiciary has been highly commended internationally. Muthalika is a liar. I just got it from Zambia where they said Malawi judiciary is role model in southern Africa and world as a whole. What this Yale alumni is saying is a total rubbish and calculated to undermine the constitution of Malawi. This will not happen in mother Malawi we will vote you Muthalika out of government and usher in servant leadership. Nkhalamba ngati iwe kapume mumtendere zikomo.
Kenya was the first and their arrival to the judgement made sense contrary the Malawi judges. They even disregarded their own case of 1999 50%+1 of Chakwamba bullshiting us that the context of the case was different. Shame!!
Say it again as can’t make out anything from this Mwini muzi
Of course the Preaident is a Lawyer himself , he knows the law and all that but it will be difficult to believe what he says as he was also a party to the case so he is blowing his own Trumpet. The way i understand the President rhetorics is that he is preparing for some background to another upcoming case. What this means is that if Chakwera wins then he is going to reject that outcome basing on what he is saying now.
But how will these attacks on judicially assist him??? He is only stabbing himself and other politicians in his camp.
We pay the judges with our taxes. If they dare not listen to our petition, we Will spray them with nyekhwe kkkkkkkk!
Ayese
Galu akachita chiwewe amaluma chilichonse kaya nd mtengo kaya ndi chitsulo. That is what APM is doing. Attacking the judiciary will not help him. The judges use a number of ways to come up with decisions. They use acts, precedents and case law. Does it mean that the use of tippex is acceptable in elections and accounting? Can a bank teller accept a cheque with tippex or just any cancellation. The problem with Peter is that he told bribery can work everywhere in Malawi. He sent Thom Mpinganjira with K100 million. We know that even Thom Mpinganjira’s FDH was used to bribe the whole MEC. How long can we do that here in Malawi? Peter Muthalika is corrupt and we saw it with Zameer. He thought as president he can get away with anything. Malawians are tired of this and want a responsible government.
We [ray that he looses the upcoming election. I am fed him up with his mad rantings.
Why should the bench Buffon’s decisions be questioned? Are they above the law? Is there any integrity in the pigs sitting on benches?
How would a court order that Richard Makondi should not be probed any longer?
How would Ralph Kasambara a convict be on bail?
How would judges be hunting for lucrative cases from the court registry? Anthu okuba inu
Atleast the same Judges rejected a K100 million bribes…..
They received the bribe from Simbi.
Cadet not Officer Cadet
You clearly do not understand the legal system. I pity you and your level of education
They are inconsistent worthy calling them names. Osawaopa, adzitayira ulemu okha!!
So he should not speak his mind? Is the judiciary a God? are they clean? Are the judgements fair? Judiciary your time will come, watch the space
Why the bribe????
Is tht the right podium to speak his mind?The whole Law Professor like him really refuting the Judgement based on the Law?I He has lost directions,there is no sense in all his cries.Even a Primary xul chap cant do wht Mutharika z doing.
Anthu avota osati via social Network ayi KkkkKkkkk osati ku court ayi Ndiye be careful
everybody knows you did not win!
ndiye mukalephela mukadandaula kwa judicialy yomweyi?
This is for Chilima next time he wants to say one of his famous proverbs:
Mbalame ikakhalitsa pamtengo, ndiye kuti mwala umupezaTake note.Enawa mwala uwapeza.😆😆😆😆😆😆😆😆😆🦜🦜🥶😳😆😆😆😆😆😭
🦩 you are a liar
MaJudge muchigamulo chawo anabwezeretsa wolemekezeka a Saulosi pa mpando kodi zimenezi adakadandaula ndani? Pomwe amabwezeretsa chilima akanawabwezelezanso ma MP ndi macouncilor omwe anasankhidwira limodzi ndi a Chilima mu Chisankho cha 2014.Apa pakanakhala chilungamo chenicheni.Kusonyeza kuti pa mavoti omwe tivote panowa tikanavotera President,Councillor ndi MP.Ma judge anaonetsa kukondera kwa Chilima mwina chifukwa choti ena mwa ma Judgewo ndi abale ake a Chilima.Masankho anali a patatu ndipo tsiku lovota linali limodzi zochitika zofanana ndiye okhuzidwa onse akanaimitsidwa osati a president okha.Zomwe akunena APM zoti majugde anakondera ndi zoona ngakhale ndikanakhala ine ndikanadandaula chimodzimodzi.Popeza judge wankulu ndi mulungu tiyeni zonsezi titule manja ake.Timpemphe mulungu atisankhire tsogoleri yemwe angabweretse bata ndi mtendere malawi muno osati okwiyisira ma demo.