Malawi Supreme Court to rule Thursday on appeal to dismiss presidential elections result challenge

Malawi Supreme Court of Appeal will deliver its ruling on Thursday on an appeal by Malawi Electoral Commission (MEC) on High Court ruling in June dismissing an application to throw out, based on technicalities, a petition challenging presidential election results.

High Court judge Healey Potani : Informeed that the  Constitutional court may not sit on Thursday as Supreme Court will be sitting on the same day to decide on an appeal by MEC and  Presidential Candidate Peter Mutharika to strike out the elections case

In the case, MEC is the second respondent while President Peter Mutharika is the first respondent to a joint petition from two of the presidential candidates in the May 21 Tripartite Elections, first petitioner Saulos Chilima of UTM Party and the second petitioner Lazarus Chakwera of Malawi Congress Party(MCP).

A five-judge panel of the High Court sitting as a Constitutional Court in Lilongwe in June unanimously dismissed an application by Mutharika to have the petition thrown out for purportedly being “irregular, incompetent and incurably defective”.

The five-judge panel comprises Healey Potani, Mike Tembo, Dingiswayo Madise, Ivy Kamanga and Redson Kapindu are currently hearing the petition case in Lilongwe.

On Monday when the court resumed sitting in the afternoon after weekend recess, Judge Potani informed that the Constitution Court may not sit on Thursday as Supreme Court will be sitting on the same day to decide on an appeal by MEC  and Mutharika to strike out the elections case.

The appeal follows the Constitutional Court’s earlier ruling against the two respondents’ preliminary objection against the election petition.

MEC wants the Supreme Court to reverse the High Court’s decision in proceeding with the case on the basis that the petitions, initially filed separately but later consolidated by the court, were filed fraudulently, out of time and without sworn statements.

Both Chilima and Chakwera are challenging results of the presidential election, claiming that they were rigged in favour of Mutharika who was declared winner with 38 percent.

Results MEC announced show that Chakwera trailed Mutharika with 35 percent while Chilima finished third with 20 percent of the votes.

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Amos wa pickup
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Amos wa pickup

I feel sorry for Kalekeni Kaphale. He is getting bad name by siding with dpp chifukwa cha ntchito. Nanga atani poti mchere ndi omwewo koma sakufuna kukhala mbali ya okubawa. Akuluzanso mulamduwu cv kuonongeka

hlupo sibande
Guest
hlupo sibande

mukachedwetsa takonzeka kubwera kudzweluza tonkha coz palibe choti muchedwere chilungamo chonkha chikudzifotokoza akawinaso a mec muziona

Kapado Chimulirenji
Guest

The supreme court will uphold the High court ruling. Stopping a ruling will set a very bad precedent when respondent has already cross examining the petitioner. In the interest of natural justice Malawians are also interested to hear Lawyers of the petitioner questioning witnesses from the responded side.

Che Wanimiliyoni
Guest
Che Wanimiliyoni

Chilima is under oath and since he has accepted that his irregularities claims are only 0.5% (it can’t change as doing so will mean he was cheating the court) the first petition is good as dead and I doubt if the 2nd petition will be of any difference.
And to complicate things even more my gut feeling is that the majority of petitioner’s witnesses will not come to testify or will deny their own sworn statements. So why continue with a possibly lengthy case that will just drain the scarce public resources but with all the pointers of being thrown out?

Chingaipe
Guest
Chingaipe

One can win election by 0.000000001% of votes , one kwacha theft is the same as 1bn theft . Kuba ndi kuba basi . A thief stealing 1,000,000 from a bank’s safe which had 20bn will still go to jail which is 0.005% ot total cash

Peloma Pepe
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Peloma Pepe

0.5% of polling stations not of votes. So, let’s wait.

NYO
Guest
NYO

KAPADO YOU ARE RIGHT. CROSS EXAMINATION ONE SIDE NDE SIGWIRA BASI RULLING…MUONA POLEKERA MA JUDGE…A MEC NAWONSO AFUNSIDWE MAFUNSO APA CHIFUKWA PETITIONERS TOO HAVE LAWYERS

Mandado@147
Guest

Dismiss all AG cases promptly..demo ones and this one! Time wasters he knows the law his just pushing buttons as a blue buns cadet does!