Malawi Law Society tells Court to release poll results, put on hold swearing in ceremony
Malawi Law Society has told the High Court in Lilongwe to release the presidential results but hold the swearing in ceremony until all grievances are dealt with.
In an affidavit presented in the court on Sunday, the Malawi Law Society (MLS) lawyers said there was no need to suspend Malawi Electoral Commission (MEC) processes once the electoral process was in motion.
“No need for swearing in of any declared winner before the 24 days for dispute resolution provided at High Court level,” says the affidavit in part.
The MLS has joined the case as amicus curiae (friend of the court) as the opposition MCP is waging a legal battle against MEC’s decision to declare president Peter Mutharika winner in the presidential race before a recount of some districts where the party says poll results were manipulated in favour of the ruling Democratic Progressive Party (DPP) candidate.
MLS lawyers therefore asked Judge Charles Mkandawire to give directions that enable the complainant handling the electoral processes at MEC and High Court to be exhausted without interfering with the functions of MEC while recognizing the need to exhaust the full dispute resolution mechanism at the court and the pollster.
“We also asked the court not to allow the Constitution and the presidential and parliamentary Elections Act being used as engines of alleged fraud or irregularities if the dispute resolution process is not allowed to be exhausted,” says the affidavit in part.
MLS argues that the process of determining results within eight days cannot be interrupted.
The eight-day period to determine the results ends on Wednesday, therefore the MLS says any party dissatisfied with the MEC’s determination is entitled to appeal or review before the High Court.
MCP wants votes from Nsanje, Chikwawa, Mangochi, Blantyre, Zomba, Karonga, Rumphi, Nkhata Bay, Chitipa, and Mulanje verified through recounting of the ballot papers.
But MEC lawyers led by Attorney General Kalekeni Kaphale, have argued that MCP wrongly obtained a stay order before exhausting remedies from electoral body as mandated by law.
The Civil (High Court) procedure rules and the Presidential and Parliamentary Elections Act provides that MEC should be allowed to resolve electoral disputes and only after not being satisfied with that determination the matter can be taken to court.
DPP has since joined the case as an interested party.
Follow and Subscribe Nyasa TV :
Moti ndikapita ku Bank ndi cheque chokhwatcha ndi tipex ndiloledwa kutenga ndalama?, Malawian Courts will validate it, right?
If the Judiciary itself can be bribed what good do u expect of this country ??????????????
Where are the results from the so called parallel tabulation centres managed by NICE & MESN?
Malawian lawyers are the dullest shits I have ever met. Pieces of insolvent shits. Eternal idiots. Fuckers!
Which means the battle is still raging on?
Dziko lopanda chilungamo, the country which is full of fraudulence, injustice, corruption and selfishness but one day we as malawians will only let you guys elect a leader.Amalawi akumavota wina atawina kale.Lamulirani ndithu amutharika kwina mumalizitse anthu achi-alobino atsalawa mulemere kwambiri ndi anzanu antabawo.Dziko lachinyengo!!!!!!!!!.
What would it be like to declare a presidential candidate a winner and then discover the corrected results point to another candidate?
Answer: VIOLENCE.
My question to MEC is who authorized the tippex changes and who signed for the corrections? If Ansah did not sign for the tippexed changes, all such results should be thrown away. The argument that tippex was used across the country therefore it is ok is a fool’s bluff. Judge Ansah would not allow a check she had issued to be cashed at a bank with an alteration. The bank would flag it as questionable. Question would be what was altered? Why? Who did it? Altered from what to what? Is that process transparent or can anyone looking at the tallies understand what happenef and how? Judge Ansah your argument is wrong. According to you if everyone steals, therefore there is no case shows that you are condoning election rigging across the country. How misguided can that be coming from a supreme court judge? Redo the election. New presidential election in 2 months!
Point of correction, MCP is not waging a legal battle against MEC on declaring Peter Muthalika as winner but against Mec declaring the winner of the elections it could be in favour of Lazarus or Peter and no one has mentioned or hinted or indicated that Peter is the winner, just wondering where you getting this. Have you been told that Peter is the winner ? Enlighten us.
I have no respect for Lawyers in Malawi, It would appear Kanyongolo trains people on how to become a crook and liar. and not Lawyers as we are meant to believe, Late Mbendera paid the price of dishonesty, next will be Jane Ansah if she doesn’t trend carefully.
So that’s the only line of the story that the journalist picked? …….so bad….. My reading of the MLS statement was not that they were making a recommendation rather giving pointers to the Judge on how to handle the case. Let us wait and see.
Looks like power hungry MCP yapupuluma.
Who power hungry you stupid minded person, the one steal or rig vote or the one fighting for justice. Patrick Phiri respect the nakeness of your mother. Usatiyankhulitse pambali.
Mind your thoughts my friend. Even your mother exposed her nakedness to have you so called a Gona pa Muhanya
MEC failed to resolve the matters in the first place claiming only UTM complained actually MCP was the first, this signals how MEC wants to hurriedly release the results and the state swear the winner APM (allegedly) very quickly. Its an organised crime even the tipp-ex (was supplied underground from an inside job). If we recount the votes more staff will be discovered like Fake ballots, less ballots and so much more! MEC is compromised from CRO, Presiding Officers to the Chair in my opinion from the look of things.
Even in football there is no team that has been declared a winner results have been reversed. Dont declare a winner MEC. DPP appointed all electoral chair person from Southern Region especially Lomwe belt with an aim of rigging elections. I have never seen electoral chair person from central Region or Northern Region.
kalekeni kaphale is be dpp. You look in your books but those gangstars dont look into the book. You must know first the person you are dealing. DPP prepared to rig elections deliberately. What about those caught with ballot papers? Dont release results complain first. Malawi law Society you never helped in 2019.
What is wrong with recounting if it was done legally?
Wise decision by the MLS that I entirely support. Swearing in ceremony should be pended until all the irregularities are dully resolved. The one found to be the winner after resolving those irregularities is the one to be sworn in, not otherwise. MEC and DPP should see some sense in it. There is no need to rush into swearing in someone when issues are still hanging in the balance – that is fraud and Malawi doesn’t want to be ruled by a fraudster, akuopa chiyani?.
Akunama awa a law society – Chilungamo chidziwike basi. The process was marred with irregularities which Law society is not disputing. So how mec announce the winner? Malawi Law Society knows the process was fraudulent yet it is calling for the announcement of results? really. This is strange because even in our local wisdom we say kutsutsa galu nkukumba, Why not the so called MLS not finding it necessary to do so. Actually they were supposed to be on the fore front calling for justice. Which constitution are they defending? Constitution is subject to intepretation. I did not know this country is this sick.
Any process if compromised is supposed to be halted. Komaso results does not mean the winner. shameless Malawi law society
Arafat Hamdan and your wife I understand you are good musicians who can sing rap music to the full satisfaction of the youth of today. I see a better future in you guys because you will be able to take over the old fashioned musicians, the likes Lucius Banda, Mlaka Maliro, Billy Kaunda, Skeffa Chimoto etc. Don’t waste your time, go back start composing Rap music we will follow you no matter how much expensive your shows will be charging us on entry point. All the best!!!! As regards Razalous Chakwera, you are already a famous Reverend and you will go back to preach in Church. Even if you can start your own church today, people will still follow you. Or just try your luck at PAC where the Reverends have 90% chances of being assimilated into the Quasi group. You will be able to take over the old timers, the likes of Chingota and Mulomole. Good luck!!!!!!
Hey…careful with your comments.you don’t know Dr chakwera..ndi ndani sakudziwa kuti zisankho Zabedwa ..I feel sorry for you
Sorry for you brother the way you are thinking I think you are evil person and you don’t love Malawi nation. Mudzafa imfa yowawa.
I cry for my mother Malawi. Layers!!11 how can you allow such a wicked thing. You know there are anomalies and you say yes MEC can go ahead. I don’t support any party but May God see you.
Law society wants to mislead the nation. In our own local wisdom we say kutsutsa garu nkukumba. Apapa chikuvuta ndi chiani kukumbako, why are you afraid of kukumbako? What is wrong in demanding justice where they system has been compromised. Any process if compromised can be halted. MCP is only asking for justice to prevail, it can either rule in their favour or not but the fact is one should not rule through rigged votes. Once the dubious winner is announced, milandu yonse ithera pompo. Who does not know Malawi.
mec is only an agent but it looks it is an interested party in these elections. And how come DPP is fighting those who have asked to vote recount, pati biii pali minga.
Malawi Law Society must think we are stupid. It must have been paid by DPP. The moment Jane declares Peter winner, he will be sworn in regardless of what restrictions the court gives. The DPP guys are crooks…and to add onto that list, the Malawi Law Society has proven itself to be a grouping of crooks