Malawi Supreme Court judge defends reappointment of 2 MEC commissioners: Kunje, Mathanga

The upfront talking  judge of the Malawi Supreme Court of Appeal Dunstain Mwaungulu has defended the re-appointment of two Malawi Electoral Commission (MEC) commissioners, saying it is good for continuity.

Commissioner Kunje retained in MEC
 Jean Mathanga, who was MEC chairperson For Electoral Services Committee, has been  retained in the commisison

President Peter Mutharika on Sunday retained his Democratic Progressive Party (DPP) representatives Jean Mathanga and Angelina Kunje from immediate  past cohort declared incompetent by the court and parliament for the botched 2019 elections.

But Justice Mwaungulu writing on his Facebook wall argued  that the reappointment means that the political parties that nominated them are still confident in them.

“But the reappointment of the two is good for others reasons. Continuity, induction, efficacy and effectiveness,” he said.

On concerns that Mutharika has erred in making the reappointments in view that the two are part of the embattled previoys commission found to be incompetent by the Constitutional Court, the Supreme Court and parliament, Mwaungulu said the court went overboard to determine competence of commissioners a matter not raised formally and on which commissioners had not been given to defend themselves.

“The commissioners were not part of the proceedings; the Electoral Commission was. The commissioners could not defend themselves since they were not sued,” said Mwaungulu, a well-experienced, affable and, at times, widely seen as a controversial judge,

The new chairperson of the commission is respectable  High Court judge Chifundo Kachale.

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Malawi belong to the citizens

Mwaungulu wadyetsedwa chibanzi,we don’t want them, angayambe kumuphunzitsa mabedwe akavote chofundo kachale azimayi woyipa,azipita sitikuwafuna whether is for continuity or for tippex arrangements we don’t want them period .Amabera in favour of Peter Munthalika that is why we don’t want them. Munthalika akufuna kuberanso chisankho.These people they know how to rig presidential election results.In 2014 they were there,In 2019 they were there stealing votes for agogo.Tiuzanepo zoona apa, stampede yachitika Ku Mzuzu zangowonetseratu Kut anthu ambiri amafuna ntchito,ku ma interviews a hospital attendant positions.Kuvotera Munthalika palibe chabwino ulova continues.Kuvotera Chakwera and Chilima, ndiyekut more job opportunities will be available.Munthu ukafuna… Read more »

CHANCE A MUNTHALI
CHANCE A MUNTHALI
8 months ago

To be honest I’d care less of the other two’s inclusion as this is a true test to see what the opposition will and how they’d react. We have weightier matters to concentrate on. Leave them alone be playing games and let’s move to secure our vote. If we can do all that is necessary to be done so that NO rigging is done, their incompetence is not a bother to us. #MALAWI🇲🇼 WILL BE SAVED. VIVA FREEDOM✊🏾🖐🏾

Mbewe
Mbewe
8 months ago

Mwaungulu is incompetent. Ndiponso pathako pake

Razaki
Razaki
8 months ago

I said it almost 3 years back that Mwaunguru is compromised now and others were against my opinion. This guy he quickly discovered that he is old and needs additional retirement package and he comprises too much for dpp cash. He is the one misleading APM in castigating the judges. Check APM speech when castigatig judges and Mwaunguru comments against fellow judges…Do you see it? We know it already some of us how dirty he is playing. Unfortunately God saw it and pushed him away to UK sick otherwise if he was on the panel of SCA he would have… Read more »

Zio ine
Zio ine
8 months ago

Mwaungulu is not controversial but talks straight and honest. These courts were surely making their case and ruling over them. For goodness sake who petetioned the court to stop MEC from making new registrations.who petetioned the court to reisntore Chilima, who petetioned the court on the competence of MEC. Who petetioned the court to determine on 50 +1, who petetioned the court to declar2 that constituency tally centres were illegal. Now these judges don’t want to be critised because they are afraid that their stupidity will be exposed.

Simbi
Simbi
8 months ago
Reply to  Zio ine

On point. Even a layman like me can clearly see that. How do you make judgement on something that was not part of the petition? See how they endeavored to overturn their own 1999 interpretation of 50 plus 1. Shame on these stupid judges

Kyala
Kyala
8 months ago
Reply to  Zio ine

They realized their misjudgement on 50+1, hence this time made correct decision. Law is evolutionary not static. In a tribalistic voting country like ours, 50+1 at least will now recognise other regions vote as important, especially the north. Dpp was marginalizing the north as irrelevant, now it is courting it. For that, 50+1 is more unifying to the country than the previous stupid first past the post. On Dunstain, he is completely wrong. Only dpp supporters think he is a better judge than those in conc court, high court and Supreme Court. Something is wrong here, since when has mec… Read more »

angoni
angoni
8 months ago
Reply to  Zio ine

Kulira uku ndipo ma cadets simusowa. Wanu womangamanga mwina tiwoneko zina. Eishii Boma lonzunza lidzipita basi.

mtete
mtete
8 months ago

I would also advise the opposition and parliament to let go two reasons:
1) It is always advisable not to appoint a completely new board for the sake of continuity in implementing policy issues.
2) DPP/APM have deliberately done this to agitate the opposition into protests and possibly legal action as this would justify APM’s wish to delay the fresh election, something he would very much like to do, apart from the Covid 19 pandemic scare.
Leave things as they are and let’s concentrate on vigilance and sealing loopholes.

VYOTO
VYOTO
8 months ago
Reply to  mtete

In terms of governance, it was wrong to appoint these two who displayed arrogance to key stakeholders, namely other Political parties, PAC, Parliament and the general public. Their appointment was out of the President’s arrogance and non repentant stance. Namathanga is known to have been very close to Jane Ansah, poisonous and spoilt Jane’s decision making in the process. MCP of Dr Lazarous Chakwera has appointed a talent in Dr Anthony Mkumbwa from Chitipa, a certified Auditor and forensic investigator, he will surely be an added asset to the Commissioners with his analytical skills. Polofesa on the other hand cannot… Read more »

Anthony Chilomba
Anthony Chilomba
8 months ago
Reply to  mtete

Tangowasiyani palibe chomwe angapange .Nawonso adaona kuti Jane zinamuvuta mpaka adaononga mbiri yake.

name
name
8 months ago

They say Individual commissioners were incompetent to which test or scored card were they assessed on to warrant that they failed and means incompetent

Sams
Sams
8 months ago

The supreme court judge is wrong in what is MEC, the people who run or manage mec are the commissioners and other staff if they dont perform mec wont perform. One can not seperate incompetence of mec as an organisation and its staff. The commissioners and entire staff failed mec. To include these old commissioners means the one including them something is wrong in his/her upstairs.

Namulondola
8 months ago
Reply to  Sams

This time you can reject what the judge has said because it is not your favour. You are able to criticise the judge opinion and it is right to you as opposition. Very ignorant of thins.

Irresponsible opposition
Irresponsible opposition
8 months ago
Reply to  Sams

If that were true companies would not appoint anyone else from that company as CEO after filing their CEO for incompetence. Kuganiza mombwambwana

Good critic Mtamba
Good critic Mtamba
8 months ago

This time around we are ready to watch every space no mistakes allowed no tipped no fake tally sheets we Wil deal accordingly

Ken Phiri
Ken Phiri
8 months ago

A Mwaungulu mwatani kodi? Osadikila bwanji nkhani ikupezeni ku court kwanuko? Mwaweluzilatu pa facebook? This doesnt sound right. You have to respect your fellow judges who handled the case. If you disagree with them there is s better way; ask justice Twea. Osati izi

Irresponsible opposition
Irresponsible opposition
8 months ago
Reply to  Ken Phiri

Truth hurts

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