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.

Lawyers Martha  Kaukonde (L) and Charles  Mpaka leave the courts 

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.

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Black Market
Guest
Black Market

Moti ndikapita ku Bank ndi cheque chokhwatcha ndi tipex ndiloledwa kutenga ndalama?, Malawian Courts will validate it, right?

Tippex President.
Guest

If the Judiciary itself can be bribed what good do u expect of this country ??????????????

Guest
Guest
Guest

Where are the results from the so called parallel tabulation centres managed by NICE & MESN?

Tariq
Guest
Tariq

Malawian lawyers are the dullest shits I have ever met. Pieces of insolvent shits. Eternal idiots. Fuckers!

I shall be honest with u.
Guest

Which means the battle is still raging on?

Innoxy
Guest
Innoxy

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!!!!!!!!!.

Tozer Tsono
Guest
Tozer Tsono

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… Read more »

Nkhuzi
Guest
Nkhuzi

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.

Gona pa Muhanya
Guest
Gona pa Muhanya

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.

Ambuje Kukaya
Guest
Ambuje Kukaya

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.

Patrick Phiri
Guest
Patrick Phiri

Looks like power hungry MCP yapupuluma.

Gona pa Muhanya
Guest
Gona pa Muhanya

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.

John Gray Gufa
Guest
John Gray Gufa

Mind your thoughts my friend. Even your mother exposed her nakedness to have you so called a Gona pa Muhanya