Malawi Supreme Court judges in seclusion to write election case appeal ruling

Chief Justice  Andrew Nyirenda and other six judges of of the Malawi Supreme Court of Appea are in seclusion writing the  presidential election nullification appeal ruling.

Chief Justice Andrew Nyirenda alongside six other justices of appeal, hold the key for Malawi fresh elections

High Court and Supreme Court  spokesperson Agnes Patemba has confirmed that the seven-judge panel of the Malawi Supreme Court of Appeal are in camp at an undisclosed location.

“They are on camp because they do not want disturbances. They want to come up with a thoroughly researched ruling,” she said.

She could however not say exactly when the Supreme Court judges would come up with the ruling, saying they have a lot of work to do.

“They are looking at 132 grounds of appeal. This is not an easy task,” she said.

She however said the judges are mindful that this is the judgment all Malawians are waiting for and would do all they can to deliver it “as soon as possible.”

Chief Justice said the court, whose decision will set a precedent in interpretation of electoral laws and define management of future elections, will in due course communicate to the parties the date of judgement.

If Nyirenda alongside six other justices of appeal Edward Twea, Frank Kapanda, Lovemore Chikopa, Rezine Mzikamanda, Anaclet Chipeta and Anthony Kamanga  upholds the Constituiton Court (ConCourt) judgement, the fresh election will proceed and if it overturns it, there will be no election.

In their judgement, the ConCourt judges comprising Healey Potani, Dingiswayo Madise, Ivy Kamanga, Redson Kapindu and Mike Tembo unanimously ruled that President Peter  Mutharika was not duly elected because there were irregularities and he did not attain the majority vote.

The ConCourt ordered another election on July 2, the firing of the Malawi Electoral Commission commissioners as well as that a winner in the election should have 50+1 be votes.

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37 replies on “Malawi Supreme Court judges in seclusion to write election case appeal ruling”

  1. Dr Cassim Chilumpha already indicated that APM/MEC can hardly win this case because they failed big time to use merit s to influence the mind of the court.

    Justice will prevail….nyekhwe ina iyoo ikubwera apooo!!! Zako izoo cadet 😂😂😂😂😂

    Malawi is not munthalika or muluzi farm!

    Finally time for real change is here!!!

  2. I don’t know anyone who insults God who is going to enter heaven. DPP is busy insulting judges and then expect to win the case. The truth is that all appointments that APM made will be reversed and he will not be allowed to make any appointments becuase there is no sixth term in our laws. APM is running the government as if he won the election. Allow this to election losers one day could easily create a life president in Malawi.

  3. Just want to cash on allowances yet they know the judgement was already written for them by KASAMBARA. They are dismissing the appeal with cost to MEC as the concourt did. The courts are awarding these people cost because they share. Potani already hinted that it’s government money.

    1. Mmmmmm nanunso a Qatar mlibe mfundo simudziwanso kuti tumbuka ndichani aka tumbuka tumbuka mkamwa mopanda Mano umu or kumveka ataaah mukamba yapa. Kupanda manoku siufiti kapana kukalamba?

  4. peter mutharika challenged all the Judges SC in the courts and told them off. Him and Jane speaks one language . A galu onse a u ku Court have been punished and ran away .Court court chiyani ?
    Dzatumbuka even this girl patemba mtumbuka.

    1. Where is chimulilenji? Why are we going to vote against the 2019 tippex election? Ngati mtundu wanu wa alomwe ndinu anthu kuposa a Malawi onse bwanji simuli ku court ko awa akukuyabwani not only tumbuka but northerner muwachotse? Si inu alomwe ndinu anthu kuposa ena ons lamulo liposa mphamvu mlopwana.

  5. It is frustrating for someone who studied accounting to hear people commenting on accounting matters when they have no idea whatsoever how accounting works. please leave commentary of issues that are of specialized nature I.e. medicine, accounting and law etc to people who have knowledge how these fields work. A lot of comments on this article clearly shows that many people dont know anything about the law and how it works and in the process they are opening themselves to public ridicule. The need to be heard and be relevant should not be at the expense of knowledgeable contribution on a particular article of public interest. Please people take out the emotions out of your comments and make objective comments as opposed to subjective one.

    1. I CALL THIS RETARTED MINDSET!! IN THIS ERA, POLICY RULES AND EXPERTS DO THE DONKEY WORK, SIMPLE!!

  6. Explain what will make Muthalika win if he failed last elections and Ansa anakwera Muthalioka istead of being a referee she became dpp. The manipulated NRB data and Jane Ansa whom Muthalika fails to fire????. The coming judgment will hurt dpp and they will regret if they had not appealed the case could be better. Look Babylon is destroyed completely now.

  7. Let Justice prevail…all judges are Malawians and if someone somewhere thinks Judges rule depending on where they come from then these kind of people need to wake up and smell the coffee! You can hate other tribes as much as you like but they are Malawians just like you! Whether you like it or not…you cannot have only your tribesmen in all positions! One thing that the DPP government has achieved is to divide Malawians based on region or district of origin. The other is that Mulhako thinks they are superior to any tribe in Malawi. This is a fallacy….being a ruling tribe does not make you special! Before 2004 Mulhako was nothing and if these people are not careful life will be very tough for them once DPP loses power in July!! Tatopa ndi DPP and Mulhakoism!!

  8. Vuto la amalawi ndi limeneli,sitikonda dziko lathu,timangoti bola zanga zikuyenda.
    Mmene dpp yaonongera dziko lino ndi corruption yoti ili pa 99% mu boma nde wina uziti ma judge ndia corruption pomwe munthu wanu thom analephera kuwapanga corrupt ma judge omwewa mukuti ndi a corruption?shame kwa wwinaaliyense amene anadana ndi concourt ruling,kodi ngati muli ndi ana,ana anuwo mumawakonda?coz parent wanzeru ndi okonda ana ake sangamasekelere corruption ikuchitikayi,mis-rule, shame!shame! Get a life other than backing mediocrity

  9. Tili pano kudikila . For the first time in the history of law let the same court rule against its self in a similar case as we have the ruling on Gwanda chakuamba and others .

    1. It is one of the principles of law that courts should not be afraid to depart from their previous decision if it can be shown that it was wrongly decided. So if the court in this case can be convinced that the definition of 50+1 as decided in the Chakuamba case was wrongly defined it can decide not to follow that decision.

  10. Why go into seclusion when it’s common knowledge whom you hate. But soon you will know that the worst election ever is what will be held on 2 July 2020. I expect low turnout and court cases as usual but mutharika will win again mark my words.

    1. At mthakupoli, as long as the incompetent and rotten MEC and Jane Ansah presides the forthcoming elections definitely yes.

    2. Maloto achumba……uzadzuka pa 3 or 4 July mdala wakoyu akupakira kupita ku Mangochi kukalowa nyumba yosamaliza ija…..

  11. I don’t see any judgement different considering Justice Nyirenda was fully satisfied by the concourt’s judgement. He already took his side. This country will burn if the nullification of the 2019 elections does not include that of the councillors and MPs. MPs couldn’t have been allowed to extend their mandate by 1 year. Kukhala nkhondo musamale ma judge.

    1. KULIBE NKHONDO NKHONDOYO UZIKAMENYA ND ANA AKO AKAZI AKO NDI ANTHU AKWANI TAKANA ZOPUSA UMENYA NDI NDANI NKHONDO MALAWI ILI PA UFULU

  12. I don’t expect justice as long as there is a northerner in the determination on this matter. The devil is not in the name Andrew but rather in the name Nyirenda. Justice is on the death-bed in this country due to the shameless conduct of mbwenumbwenus. The mzuzu corner is wasting our precious time big time.

    1. TRIBE NAME CALLING WILL NOT ASSIST.STOP THAT.YOU THINK THERE IS A TRIBE BETTER THAN THE OTHER MENTION IT.WE ARE ALL EQUAL NO TRIBE IS GOOD OR BAD.

    2. Kkkkk. Kkkkkk Kkkkkkk Kkkkkkkk (nafwa naseko apa but I also can’t help feeling sad)

      I am a northerner (very proudly so) and Malawian (proudly so too). Unfortunately these anti-northerner sentiments really do nothing to help with our current situation. One wonders why when an educated son/daughter of the soil says/ does something it becomes a problem – especially when he/she comes from the north.

      One wonders whether these so-called lawyers from the north had someone hold a gun to their heads in order to be forced to study law and become high ranking judges and/or senior ranking officials in government. We all made choices with the type of education we wanted. I, for example, studied a Bachelor of Arts (Humanities), yes ‘Baaaa’ (as people used to mockingly call it). Nobody forced me. I chose it. And I am doing great with my choice.

      Stop pointing fingers at problems (if you find or think there is one) but help fix them. Go study law and help fix the issues if you think there is flaw in the law of the land (because that is the implied meaning I get). It unfortunately does not make sense that when the ruling goes the way you want, it is fair, if it does not, then the involved judges are corrupt!

      Weird!!!!!!

  13. These judges cannot ignore the use of tippex on the last election.They Will still support the constitution court judgement and tell more new things that MEC commissioners should do.Like to resign.This will be final no more delays for the coming presidential election.Peter Munthalika should sign up the reformed bills and he should fire these commissioners and appoint new people.Hoping for the bright future with visionary leaders.

  14. Please save the reputation and integrity of the Malawi Courts and Judicial system by throwing out that stupid, biased, nepotistic, Tumbuka Concourt Ruling.
    Those Tumbukas judges were in Kasambala and Simbi pockets.

    As seen by Corona Covid Kenyata Nyirenda, the court is rotten to the core. Cleanse it with a fair ruling. Please.

    1. Kalande ma file ukadziweluze iwe ndi mtundu wakwanu umboni as Ansah anakwana Kuti tippex siololedwa pazisankho.

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