Malawi Supreme Court gives deadline on swearing-in president: Parliament to set voting day
Malawi Supreme Court of Appeal perfected judgment on the elections case has given a deadline on the swearing-in of president-elect in the Constitution Court sanctioned presidential poll.
In the perfected judgment, the case gives July 3, 2020 as the deadline for the swearing in of the president-elect.
“It is a legal requirement that a president be elected and duly returned and sworn in by the commencement of the 151st day from the date of the judgment,” says the ruling.
The 151st day of the 150 days ordered by the Constitutional Court within which to hold the election falls on July 3 as the Constitutional Court ruling was made on February 3, 2020.
The Supreme Court perfected judgment asks parliament to fix the date for the election.
“It is important that Parliament fixes the dae of a fresh election. By the terms of the order of the Court below that there be a fresh election for the office of the President within 150 days, it is a legal requirement that a President must be elected and duly returned and sworn in by the commencement of the 151st day from the date of the judgement of the Court below [Constitution Court],” the unanimous decision of seven-judges panel of the Supreme Court ruled.
There was no immediate comment from the Malawi Electoral Commission (MEC) on the perfected ruling but this week its chairperson Jane Ansah suggested that the election be held on June 23 so that the counting of votes and the swearing in of the president elect falls under the court’s prescribed 150 days.
Polling is due on July 2, but could be brought forward to June 23 by parliament.
The Supreme Court also upheld the Constitutional Court’s order that the winner should get at least 50% plus one of the votes.
However, it ordered that no new voter registrations should be accepted for the new polls and that only presidential candidates who participated in the nullified May elections should be allowed to run in the rematch.
Point of Order my lord !!!
whats the english words /diffence of these statements?
A rerun and fresh election .
coz it sounds confusing the way the two courts have given us on the judgement .?
Plz Lawyers help them.
MCP and UTM should apologise to Jane Ansah for harassing her when she said parliament is the one to set election date.
Jen Asa wakomoka🙌🙏🤮🤮🤮🤮🤮
Jane Ansah michwanya ya malamulo anatero Saulosi akubwekera. Hahahaha
Ohooo. It seems you first have to be ugly to make it. Na ma specimen ake ngati ali awa. Ambuye zibwerani.
Give me a sniper rifle please.
Parliament yake iti? Ya anthu ochuluka kuthyola batcha a Form 2? Do you think we have a Parliament worth mentioning?
Kkkkkkk Judiciary yanga koma ndiye yawoladi. How come that you set the date being just after voting day and yet other quarters have been crying kuti we should be taking 30 days before inaugration ceremony. Ndiye mwachita bwino APM alumbiritsidwadi pa 151st day after voting. Mwadzimvera nokha inu mcp and utm so musadzavutike kuthamangira ku court mukaluza
Jwa ma cadet jeni sanalakwitsepo,
Koma anzake anamuyalutsa kumuonetsa kuti sikoyenera kuphatikiza ndsle ndi ntchito
I will vote for Jane Ansah as president. She is brainy, sharp, clever, confident, honest and Malawian.
The statement it’s about members of parliament to put a date. What if parliament decide to put on another date.23 was the day DPP leaders wanted for a reason.Opposition is just waiting for any day that members of parliament decide.MALAWIANS REMEMBER TO WEAR MASKS IN PUBLIC PLACES AND SAVE LIVES.
the Malawi court has taken it upon itself to make laws this will not end well
Judicial coup. Apa ndiye a judge alanda boma ndi kupanga malamulo kuchoka ku parliament. Kodi talk use Nyirenda bwanji kutikhomerera mukufuna ife tisakavote kuti muyike pampando atsogoleri omwe sitikuwafuna. What nosense. What ever you do APM is going to win and your fellow conspirators will have to wait until 2030 when Atupele will be doing his first term.
Ulira, chaka chake ndi chino ….mukupita basi…..muwonanso…bwinotu mungayambe kupita mwachangu tisanavote chifukwa gogo wanu akutsokomolatu kwambiri……….nanga mpaka kukapereka mapapers ndi drip mumisanamu kenaka nkusoweratu ziii osawoneka mpaka lero….kukanika nkuwonekera kugulu kumangokhalira kuyanikidwa pambaula keneka dzuwa muli chigonere…..pa 2 July mpatalitu………komabe olo atawina, muyembekezere maliro pompano even before two years…mumamudziwa Muluzi inu, mchawa mumamudziwa inu….UDF siinayiwaletu zomwe anawachitira Bingutu……….poti muluza zilibe kanthu!!!
If Lawyers are on this platform, i urge them to challenge me on this. Let us argue on point of Law.
The principle of parliamentary sovereignty means neither more nor less than this: Under the Malawi constitution , the parliament has the right to make or unmake any law whatever; and further , that no person or body is recognised by law as having a right to override or set aside the legislation of Parliament.
Any court decisions which technically maybe interpreted as case law can be reversed by parliament by way of legislation. Parliament can make any law even if such a law appear to be distasteful. Parliament can make law to get rid of all people with blue eyes. Though this law is extremely distasteful but it will be the law. Of course Government/Party will refrain from such draconian laws in fear of losing popular votes and public revolt.
I hope Some members of Parliament you are on this platform. I urge you to wake up and stop any unsurpation of your legal duties by any body
You are right. Parliament can reject what the court has said and that will be law because parliament is sovereign. A case law can be overridden by parliament voting to the contrary. Parliament is charged with the responsibility of making laws. So, those who were shouting loud should start thinking where this is going.
No that is Judicial Correction. There is no coup when Tippex is used. If it were that it was plain & clear but this botched election even a child could see that something went wrong.
then how valid is a tipexed parliament
Umva kuwawa, its time to pack and go back to Ameriva
All the Supreme Court is doing is to pump sense into the senseless
Jane ansah was correct regarding 23 June. Stupid opposition, idiots
Who was complaining you idiot?Learn to understand the English.All said was why is she changing the date since it was her who requested more time.
The past three days the opposition pro-MCP-UTM media has been complaining that Jane Ansah is changing the election date from 2 July. MPs for MCP and UTM have been harassing Ansah saying elections will have to be on 2 July. And yet, MEC chose 2 July for planning purposes after president Mutharika withheld his assent on electoral bills. That meant MEC could not use the date of 19 May which was in the rejected bills. After Supreme court ruling, it parliament needs to look at the bills, set date and VOTE….
Just read what the news has said before you insult others and defend Covid Jane.. The article clearly say that polling day is 2 July, but could be brought forward by parliament. Did you learn about modal verbs in school? Muppet!!!
Zakuwawa we do not need APM period
Jane wakoyo wadziwa liti zimenezi? Nchifukwa chani poyamba anayika pa 2 July? Cholinga chake chinali chani poyika pa 2 July? Zonse zikuonetsa kuti Jane Ansah akugwira ntchitoyi not in good faith. Akugwira ntchtoyi pofuna kythandiza her Alliance partner, DPP-UDF. Munthu sitikumufuna akukakamira chifukwa ninji?
So, why was the opposition complaining when Jane Ansah said this. Ubulutu and violent mentality.
Nyengo yamala
Parliament stated date for voting but president refused to assent the bills so you say opposition yatani? Mbuzi ya mino kusi