Malawi Supreme Court ruling won’t affect alliances—Lawyers

Malawi’s respectable constitutional lawyer  Modecai Msisha the Senior Counsel (SC)  and Dr Chikosa Silungwe, lead lawyers for Lazarus Chakwera and Saulosi Chilima, respectively, have interpreted the Supreme Court of Appeal’s ruling as permitting their clients to continue their partnership.

Lawyer Pempho Likongwe and Senior Counsel Modercai Msisya captured after the Supreme court judgement-pic by Lisa Kadango
MCP-UTM alliance leaders wkith their lawyers

Silungwe, who welcomed the Friday Supreme Court ruling as a landmark for African elections systems, said the ruling on the candidates will not affect Chilima and Chakwera’s current partnership on Malawi Congress Party (MCP) tickets reprsesenting Tonse Allince of nine parties.

So too the ticket of President Peter Mutharika of Democratic Progressive Party (DPP) with his running mate Atupele Muluzi of United Democratic Front (UDF) will not be affected.

The seven-panel Supreme Court ruled that only candidates that participated in the 2019 annulled elections must be allowed in the July 2 fresh elections.

Lawyer Sulugwe said the pair has never been the candidate but the individual in an election is a candidate.

“We know who the candidates were. The court has said something about eligibility—those who want to remain eligible on the basis that they contested in the May 21 2019 presidential elections, can exercise that eligibility,” he said.

The court also restricted that there will be no new voters roll but use the 2019 register.

University of Cape Town professor of Law Danwood Chirwa said the restriction for only those who were registered to vote in 2019 will vote in the fresh elections was understandable because this is a correction of the 2019 election.

“The court has not restricted how presidential candidates may participate. So they are allowed by implication to participate as presidential or running mate candidates. Both positions are presidential. This interpretation is consistent with the spirit of the meaning of majority the court has adopted,” he said.

The seven-panel of the Supreme Court judges comprised Chief Justice Andrew Nyirenda, Justice Rezine Mzikamanda, Justice Edward Twea, Justice Anaclet Chipeta, Justice Lovemore Chikopa, Justice Frank Kapanda and Justice Anthony Kamanga.

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Livulezi rive
Livulezi rive
9 months ago

May God bless , give more wisdom and grant long life to our judges~ from Concourt to Supreme.
May their offsprings enjoy the toil of their righteousness
Wishing them more years ahead.

Shonai
9 months ago

The judges are dodging the whole ellection nullfication subject deliberately/giving it a blind eye, because they had already prejudged.They had a turgated person.Which means no more need for acombined election in future. You cannot separate ingredients cooked in one pot.

Kandulu
Kandulu
9 months ago

Zambia is successfully using the same 50 plus 1 system as an interpretation of the word majority so I see nothing wrong here. Only those that support nepotism are against the judges rule. Those that love Malawi and believe in inclusive Malawi of peace and equal opportunities supports the judges. DPP is very vindictive mainly against other tribes and Chilima.

Pachalo
Pachalo
9 months ago
Reply to  Kandulu

Eti eti…afuna basi timavoti ta pa mtundu wao basi aziwinila ndikulamula dziko lonse? Pano ati ndikumayenda m’mamidzi mwao ndikumalembetsa tiana ta mchombo lende komanso kumanena ati MCP ndi UTM afuna awalande ufumu!! Eish koma!! Wake up and smell the coffee …this country belongs to all Malawians and not one tribe!

Mpakaten
9 months ago

Usalimbane ndi Atumbuka. Kauze a Lomwe apite ku sukulu ya Law. Bwanji kuchedwa ndi mbewa ndi makaka?

Phiri
Phiri
9 months ago

The corrupt judges trying to give advantage to opposition – why change rules if the principle is that everything stays the same as last year.

Keen Observer
Keen Observer
9 months ago
Reply to  Phiri

Nyekhwe

#NotMyPresident
#NotMyPresident
9 months ago
Reply to  Phiri

Umva nyekhwe!

BigMan
BigMan
9 months ago
Reply to  Phiri

Zavuta basi.

Kandulu
Kandulu
9 months ago
Reply to  Phiri

Unity is very important here rather than vindictive and tribal politics of DPP.

Omex70
Omex70
9 months ago
Reply to  Phiri

Cadet kumva pain ndichigamulo. Ife ndiye tikungoona chilungamo chokha chokha

STAIN MABANGWE
STAIN MABANGWE
9 months ago
Reply to  Phiri

These lawyers should not confuse us. Presidential candidates had running mates and that is what the ruling is. How they were in May 2019. No new entrants and no new voters.SIMPLE

Zwayo
Zwayo
9 months ago

Mcp president and Secretary General openly talked about genocide in Malawi. Who can vote for these genocidal leaders. Awa akhoza kupulula mtundu onse

Keen Observer
Keen Observer
9 months ago
Reply to  Zwayo

Let’s wait & see about that Cadet

#NotMyPresident
#NotMyPresident
9 months ago
Reply to  Zwayo

Uona nyekhwe!

kanchenga
kanchenga
9 months ago
Reply to  Zwayo

They only talked about it but Peter has petrol bombed my fellow Malawian in Lilongwe. Who can vote for such a murderer

Wera
Wera
9 months ago

Why? There were no alliances in the previous elections?

Zwayo
Zwayo
9 months ago

Those judges were sitting as bwalo la chewa…the supreme Court lost all credibility by singling out the president and sparing the MPs. kalonga mazizi chakwera aluzanso muona. Anthu a utm tivotela mbakuwaku munya muona

Keen Observer
Keen Observer
9 months ago
Reply to  Zwayo

Are you really a UTM member or a crying cadet?

#NotMyPresident
#NotMyPresident
9 months ago
Reply to  Zwayo

Iwe usatinamize si iwe wa UTM. Ife a UTM tilipo ndipo tili pambuyo pa alliance.

Mangochi Kabwafu
Mangochi Kabwafu
9 months ago

International court of justice, here we come. Katiyeko iwe Ansah ndi Kaphale, iya, ana achepa awa. Kulimbana ndi adadi?

Shonai
9 months ago

???????????????????? Zina zonse mwamasulira bwino zedi Ana Anu aja anateronso,Zina mumaongolera/mumamasulira popanda okudandaulrani/okufunsani.Koma nonse mukuzemba kumasulira za chisankho chapatatu/mophatikizana.Kunja kuno kulinso anthu anzeru akukudabwani.Mtambonso Ali duuu Kodi human rights yake ndiyachipani kapena ya aliyense?

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