Malawi VP Chilima drags President Mutharika to court over refusal to fire Ansah, electoral commissioners

State vice-president Saulos Chilima, who is also the UTM Party leader, has commenced legal proceedings against President Peter Mutharika for failing to sack Malawi Electoral Commission (MEC) chairperson Jane Ansah and other commissioners who the Constitution court declared incompetent to manage an election.

Chilima takes Mutharika to court over his s arrogant refusal to fire Justice Jane Ansah and her fellow commissioners whose performance was found wanting by two organs of the State, the Constitutional Court and the National Assembly

President Mutharika last week said he would not fire the MEC commissioners when he rejected a recommendation from parliament’s Public Affairs Committee and refused to assent to election-related bills that would have facilitated the holding of fresh presidential polls on May 19.

But Chilima is not taking the matter lying down, as he has sought for court relief  to restrain MEC commissioners from discharging their duties in preparing for the fresh elections.

Lawyer for Chilima, Dr Chikosa Silungwe said they have filed with the court and they are waiting to hear on Thursday  when the matter will heard.

“We have filed a case against the commissioners in their individual capacities,” he said.

UTM spokesman Joseph Chidanti Malunga said Chilima is asking the  Court to determine whether it is lawful for Ansah to continue holding her position as chairwoman of theeectiral body “when the court and Parliament have clearly stated that she is incompetent.”

Professor of law at University of Malawi’s Chancellor College, Garton Kamchedzera, said in quotes reported by The Nation daily newspaper that the opposition political parties are free to return to the court and allege that enforcement of the judgement is being frustrated by one of the parties in the elections case who happens to be Mutharika.

He said: “Despite the relevant committee of Parliament finding the commissioners incompetent and making a recommendation that they be removed, Mutharika, a party to the case, has made a decision in his own cause, notwithstanding appealing against the judgement.

“He has decided to reject a recommendation from Parliament that stems from the judgement that has to be implemented. So, his decision to reject the recommendation could be set aside on that ground.”

Meanwhile, enraged alliance partnersMalawi Congress Party and UTM Party have organised ‘The Day of Rage’ protests this Friday to exert enough pressure for the adamant group of commissioners to go.

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CADET 3
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CADET 3

Ma cadet agundika si pano!!! Akutinyasa chifukwa zolemba zawo no logic….kukhala admin kuthotholapo. We need nyasatimes forum to be educative always

Pewani
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Pewani

Koma ma CADET ndiye mwagundikadi kulemba zopanda mutu. Choncho popeza Data Bundle ndi ya ulere. Mukacheza ndi zibwenzi yotsalayo lemberani zopanda pake pa social media kuti abwana aziwona ngati mukugwira ntchito chonsecho mukungowadyera.

Noxy
Guest

Phuma Phuma silabwino phuma silabwino I repeat.Especially kundale.Think before you act.Those who thought APM is a dunderhead and can easily be manipulated by the small small brains will be in for surprises I beg to move.Mumaona bwanji ndi wa pheee alibe phuma popanga ma decisions.He thinks first and act later.Others act first and regret later.Free advice!

Nasingwe
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Nasingwe

ndiokalamba. k omaso amamugwilila ncito ndi Dausi ndi Muhala

VISION 2020
Guest
VISION 2020

God in heaven is watching. He is a judge of judges and surely justice will prevail soon or later.

Simbia
Guest
Simbia

Those who clapped hands for Concourt should now realise the constitutional errors of that judgement. A lesson to our immature and incompetent judges: do not make rulings that rely on politics.

Bandawe
Guest
Bandawe

Chilima should accept that: 1. Concourt judgement was flawed because the foolish judges did not think carefully about constitutional provisions and implications. 2. Concourt judgement is dependent on political processes which the courts and stupid judges cannot control. These political processes are constitutional – involving Executive and Parliament 3. President Mutharika used his constitutional powers NOT to assent to the illegal bills which were rushed and passed after opposition failed to change the constitution. 4. If Chilima and his cohorts (MCP, Chakwera, HRDC and judges) are honest, let them ask the corrupt courts to also annul parliamentary and assembly elections.… Read more »

Channa
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Channa

Koma chilima ndi mzako chakwela tangolimbikani kupanga ndale mmizimo osati mtown anthu sapita kokavota Koma ma demo andinso malawi si Lilongwe ayi yendani mmizimo musavutike ndizaku khoti muzawinabe 💯

CADET NO. 1
Guest

Not her Boss but rather say “her boyfriend” if u don’t know my dear.

Kandulu
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Kandulu

If a doctor or a nurse is found to be incompetent to practice medicine by the court of Law should he or she still be allowed to prescribe medicines?

Or if the driver of a car is found to be incompetent to drive a car by a court of Law, should the Road Traffic Authority still allow him or her to keep driving?

If the answer is yes, then MEC can continue. If the answer is No, then it is over for MEC.

Kambewa Chisale
Guest

The whole MEC
Should get out. Poti Ansah amadyesa katundu wache Kwa bwana ndi kana zikuvuta to fire her

CADET 3
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CADET 3

Kkkkk… ana a dad agwiridzana chimodzi kuti ayambe kutokota kwabasi pa malo ano ingakhale awoneke ngati zibekete zopanda kanthu. Ma voti down mbwembwe!