Malawi Supreme Court refuses to grant stay order: Preparations for fresh election would continue

The Supreme Court of Appeal  panel of seven judges  has declined  a request by President Peter Mutharika and Malawi Electoral Commission (MEC) to grant the stay order on the judgement by the Constitutional Court in its entirety.

The judges unanimously said they did not find valid goruns for the stay order to stop electoral processes.

Chakwera and Chilima (r) granting media interviews after the ruling

MEC lawyers made a frantic plea to the judges to consider suspending the Constitutional Court ruling until the Supreme Court makes a final determination on the election matter in an appeal.

The electoral body argues that a better date for the next elections would be October 28 2020 to enable the commission prepare the activities properly.

But lawyer for petitioners Titus Mvalo said the basis on which MEC is presenting its proposal is not holding, adding they have opposed them  as they know that there is capacity to hold elections and that the provision for the momet was made by Finance Minister Joseph Mwanamvekha in Mid-Year Budget Review last month.

Among others, the Constitutional Court ordered the holding of a fresh presidential election within 150 days from the ruling date of February 3, 2020.

With Supreme Court rejection of the stay order it means Constitutional Court  order for fresh presidential election within 150 days and subsequent preparations for it will remain in force.

Now preparations for the fresh presidential election would continue, with the Supreme Court proceeding to hear the substantive appeal case.

And hopes for Minister Everton Chimulirenji, the dethroned State vice-president following the nullification of the presidential election, for  the stay order to automatically reverts to his position, have been dashed.

The Constitutional Court judgement saw Saulos  Chilima retaining the position of State Vice-President based on May 20 2014 presidential election when he paired with Mutharika as his running mate. The court also maintained Mutharika as President based on that 2014 ticket.

After falling out with Mutharika, Chilima went on to form UTM Party although he remained vice-president and contested for the presidency in the disputed May 21 2019 presidential election in which Mutharika was controversially declared winner.

Mutharika and MEC want to persuade the seven-judge panel of the Malawi Supreme Court of Appeal in the substantive appeal matter to overturn the Constitutional Court’s judgement, which if successful, would see him continuing governing Malawi.

The President argues that judges of the lower court erred in law in abandoning settled principles of law governing the annulment of a disputed election or effect of an irregularity on the overall result of an election as pronounced by the Supreme Court in a number of cases he cited.

Mutharika  argues the judges erred in law and in fact in holding that in the 2019 presidential election, there was an undue return and an undue election of the first appellant without any evidence of alternative results showing that the returned results of the election of the first appellant to the office of President of the Republic were false.

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Citizen Number 1
Citizen Number 1
8 months ago

Appeasement Court, Iweyo ngati sunafune kuphunzira kuti khale judge, umafuna akukakamize?

Citizen Number 1
Citizen Number 1
8 months ago

Wa Nyau, ndiwe nyaudi ndi wopanda nzeru! Ndalama ya pa Malawi pano ngakhale K100,000 ndikanthu? Zikusonyeza kuti ndi zomwe iweyo umachita mmalo mosamala mayi wako, munthu wopanda mzimu iwe! So you are happy when people are suffering? How heartless!

Appeasement Court
8 months ago

Once upon a time the selection of law students into chancellor college was based on tribe. The tumbuka people of the dead north used to recruit only fellow tumbukas into law, a true manifestation of calculated tribalism. Now the tumbuka deadwood judges are all over places, busy twisting justice in favour of their political masters. They are into serious bribes and appeasement which begs one to wonder if they are indeed learned at all.

Komabe APM muwona naye nyekhwee!

MCP-UTM-PAC-Judiciary plus Bishops you shall be put into shame together you hypocrites.

Angoni apaphata
Angoni apaphata
8 months ago

Join the discussion..Zinazi kumakhalako ndi manyazi. Magulu onse mwatchulawa ndiye mwachidule mungonena kuti okhoza ndi yemwe ali wa dpp basi

Malawi belong to the citizens

Do not hate tumbuka people.Peter Munthalika and his late brother anaphunzira bwanji? Iwo satumbuka.Mwangosowa chonena,ndipo inu appeasement court mulindisankho.What surprise me is that mumati akumpoto ndi asankho,Koma inu amene simupanga sankhonu ndi amene mukupanga sankho against northern Malawians.stop this nonsense,Mutu owumawo.U do nepotism and quota system against northern Malawians then u blame them Kut ndi asankho.Chauta akuweruzani soon.

Mangochi Kabwafu
Mangochi Kabwafu
8 months ago

Mwalira mwalira bambo. Nanga chibakera chimenechi nkutaninso nanga, kikikikiiiiiiii.

Sahara
Sahara
8 months ago

Hahaha cadet!

Mina
Mina
8 months ago

This papa pitala ndi awa a Jane zawavuta

Fake Petros
Fake Petros
8 months ago
Reply to  Mina

DPP ‘s intentions is simple and EVIL. They deliberately want to create a false IMPRESSION as if ma judge AKUKONDELA, and that DPP thugs themselves are victims

Observermission
Observermission
8 months ago

What is the problem to sign the bills pitala?You insult everyone even Judges and you feel you are protected and respect mkazi wa ku kotakota basi? This man ndiwodzikonda kwambiri. I come from Thyolo but tell us which place are you coming from there in Thyolo? Ladies and Gentlemen my mother is suffering too much and from the money I sent her she scrumbled for a K5000.00 bag of maize elsewhere and people from other Districts say we are doing fine there in Thyolo and this is why am asking him kuti CHIZINGA CHAWO KU THYOLOKO CHILI PATI????????????????? I wont… Read more »

wa Nyau
wa Nyau
8 months ago

mbuzi ndiweyo ukukanika kusamalila amayi ako,ndalama ukuthera kuchindila ma hule

LinC
LinC
8 months ago
Reply to  wa Nyau

I think nthawi zina tiziganiza kawili tisanapangr comment just to be nasty. Inu ngati makolo anu akuchita bwino yamikani Mulungu. There are people suffering in this country just because of bad leadership. Aliyense akudziwa. Think before you put nasty comments like this. Think!

phiriwaphiri
8 months ago

nyasanyasa, avoid repeating what court said on 3 march, u were supposed to say what the court said dzulo shameeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee

Kholaniwa
Kholaniwa
8 months ago

This is too much for DDP. The leadership does not respect anyone at all. In fact even the Rev, opposition parties and not mentioning Judiciary Muntharika has nothing with them. You will see yourself he will not attend to anybody when invited and his police cadets are all over. Muthalika being a lawyer thinks that he can do anything he wants without consulting any one and not even Kondwani.

Chosadziwa
8 months ago

@Chewanimillion, mind you who appointed those Supreme Court Judges to those positions or may be they appointed to those positions on their own? Who told you not to go to Law School so that you become a judge yourself. learn to be good to all tribes in Malawi, had it been you are one of the learned guys you could have by now started thinking the same way the learned people think not to be siding with home boys but to side with the truth. The current leadership is tarnishing the giood image of all Lhomwes in this country. Lear… Read more »

wa Nyau
wa Nyau
8 months ago
Reply to  Chosadziwa

Khokhokhokho! Mbuli zimenezi ofunika kuziuzitsa zisiye kupanga za u Fisi and stay concentrate on Education!

Omex70
Omex70
8 months ago

Look at you Jane Ansah and your partner Mutharika! You are just wasting our time and money. We know that you are scared of the forth coming elections hence all these foolish gimmicks to pass time away. You can’t run away from conducting elections. My advise to Mutharika is simple. Pretend as if you are sick and then allow someone else to represent your party which is will be an opposition party very soon. In so doing you will save your face from humiliation that is awaiting on 19th May,2020.

Che Wanimiliyoni
Che Wanimiliyoni
8 months ago

I lost trust in the current team of supreme court judges who mostly from one region and are timid. They refrain from sitting as a single judge but whole bench of 7 but end up giving a two page judgement even in very important matters. 7 judges driving all the way from Blantyre to deliver a 15 minute judgement! They could have done it cheaply on WhatsApp group forum. But we are fine with that because while some are routinely winning court cases we will win the fresh elections. We will get rid of dead wood in the judiciary. No… Read more »

Mpare
Mpare
8 months ago

If you claim to have not heard anything live from the Supreme Court how come you know the judgement lasted only 15 minutes. Being a cadet and mbuli can be dangerous when you are commenting on matters of are note fully aware of. If you claim the Supreme Court if Appeal only have members from one region where were people from other regions when their friends were hard in school. You were busy kumapita kusimba kuphanzira kudya gondolosi ndi makhwala okuza zida za abambo basi. You are good at prostitution base.

Mangochi Kabwafu
Mangochi Kabwafu
8 months ago
Reply to  Mpare

Kodi a phale, who appointed these judges and why. They’re QUALIFIED. They’re the CREAM. They’re the BEST. Surely gogo NTCHONA would have loved to have positions, like the many taken by mulakhos but couldn’t find any QUALIFIED, KIKIKIKIIIIIIII. No youwumba wumba with such positions you know?

amadeus
8 months ago

You truly sound like a standard two pupil!!

Omex70
Omex70
8 months ago

Uku timati kulira kwa cadet. Sunati mbale ulira zenizeni pa 19 May pano. U cadet wakowo uwona kuti uzikapangira kuti.

Ineyo
Ineyo
8 months ago

Wishful thinking. What sign do you want to see to believe that God has rejected this leadership?

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