MCP takes Chakwera to court  over MEC commissioners: Mkaka seeks judicial review on appointment of Nanthulu, Duwa, Kunje and Mathanga

Malawi Congress Party (MCP) is seeking judicial review on the appointment of Malawi Electoral Commission (MEC) Commissioners Arthur Nanthulu, Steve Duwa, Linda Kunje and Jean Mathanga and in a matter filed at Lilongwe registry of the High Court, the party has put State President , the position currently held by Lazarus Chakwera, as defendant in the matter.

Mkaka and Chakwera: To face each other in court over ‘illegal’ appointment of MEC commissioners

However, the  four commissioners were appointed in June 2020 by former president Peter Mutharika – Chakwera’s predecessor.

Kunje and Mathanga were part of the MEC Commissioners who administered the May 21 2019 Presidential Election that was nullified by five judges of the High Court sitting as a Constitutional Court in Lilongwe.

MCP secretary general Eisenhower Mkaka in the judicial review application filed by lawyer Abison Chitukula, he is claiming that the former president Mutharika axed the party’s nominee to accommodate four Democratic Progressive Party (DPP)- sponsored individuals in MEC.

The application argues that MCP commissioner were supposed to be three, according to the law, but only two – Anthony Mukumbwa and Olivia Liwewe  – had been appointed.

MCP cites Section 4 of the amended Electoral Commission Act of 2017 which empowers parties that obtain one-tenth of the parliamentary seats submit to the President a minimum of three nominees.

“As a qualifying political party, especially where only two political parties qualified, MCP was entitled to have all three nominees appointed, but instead the defendant (the President) appointed only two of MCP’s nominees without any reason given for rejecting the other nominee and , in contrast, appointed four for the DPP,” the application reads in part.

Mkaka argues that the MEC commissioners were not appointed in accordance with the law.

Lawyer Chitukula said Chakwera is being taken to court because “MCP is suing the President of the Republic of Malawi.”

He said: “The court will determine the  question of legality, or otherwise, of the appointment of the members of the commission.”

MCP is asking the High Court, among others, to give orders that the President should appoint new commissioners and declare that the appointment of the four commissioners from DPP was illegal.

In August 2020, Attorney General (AG) Chikosa Silungwe  advised Secretary to the President and Cabinet  (SPC) Zangazanga Chikhosi  that government would  opt to be bound by the appointment of the reconstituted commission because “this is neater and mature political pragmatism”.

On whether there was any other legal remedy in dealing with the matter, the AG advised the SPC the legal remedy of judicial review was available.

However, in light of the changes in the presidency, Silungwe argued that Chakwera would be both a claimant and respondent as the incumbent President.

But MCP’s lawyer Chitukula said Chakwera can no longer be the claimant in the matter.

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The Patriot
The Patriot
14 days ago

The only fall back for Malawians is the sanity of our judges who should quickly discern a political party trying to consolidate power which in the end may end up manipulating MEC to their favor, the very thing we fought against. Why should MCP be afraid of a MEC which does not favor it. Actually a well balanced MEC. Why do they want us to move backwards. The moves Mchacha is making are too premature.

John Gray Gufa
John Gray Gufa
15 days ago

Kuyambila Ku magistrate court mpaka Ku supreme court kuli MCP yokhayokha. Ma cadet mulira simunati

Bauleni
Bauleni
14 days ago
Reply to  John Gray Gufa

Mpila ndiwozungulira. Liverpool won the league after 30 years now can’t even make top 4 a year later. Mcp won after 30 years and is failing miserably by all benchmarks. We shall see where they end up 2025 mpompano. Amalawi anasiya kusekelera zopusa.

Shua
Shua
15 days ago

This is really democrating to take president to court let me give u some sense chakwera is a State president mcp is apart so the party took him to court which is the executive of govt,same thing what happening within dpp you can take your own party or leader to court

Dausee
Dausee
16 days ago

Munya macadet! Ma judge onse are eating from our palms. They will remove your cadet commissioners.

F. B.
F. B.
16 days ago

The battle is big but if not carefully fought it will take us to one party rule in Democratic government strong opposition is quiet crucial .
It can be good if our government officials and the ruling parties can focus more on developments that can transform people’s lives
than focusing on destroying main opposition party people will not for them again into power not because they worked hard killing opposition party but by seeing transformation in brought on
their lives.

Phyot Olera Kun Yini
16 days ago

This too shall end in tears. Ooo what a blind president we have. He is busy wasting his energy on useless things. I am worried. We are going nowhere.

gogo petulo
15 days ago

English is your main handicap my friend. Why accusing Chakwera on this matter. Chakwera is the one being sued as the state president.Yor hate foe Chakwera is too much and wont take you anywhere

Marumbo
16 days ago

It is only when courts are useless and judgements heavily biased and compromised that politicians begin to play monkey tricks with the courts. MCP is very much aware that our courts have become very blind to justice such that whatever MCP dictates the courts to do, the stupid Malawi judiciary will do just that. MCP could not have dreamt of this nosense if our courts were upright. Ours is a miscarriage of justice that’s why MCP wants but to get away with it. But Chakwera must be careful with zibwana za Mkaka. We are all watching this keenly and we… Read more »

Otayo
Otayo
16 days ago

Chakwera is MCP and MCP is Chakwera. It is a violation and abuse of use of courts for any person to go to court with the sore purpose of losing the case. Just pause for a second, if by a miracle the court rules in favour of Chakwera and rejects MCP claim, instead of celebrating that Chakwera has won, it will be the opposite. He will be seeking for another Judicial review until he loses. It is a fundamental principle of law, you go to court to win and not to lose. Chakwera is going to court with one objective… Read more »

nafundo zalo
nafundo zalo
16 days ago
Reply to  Otayo

Now eh cakwela eh cakwela
i got no sides here . why are we bringing this milandu ina bwa siikuonekera poyera. tidzava liti za pitala
getu
nomani
muhara etc
kodi mai anathawila ku UK uja patting her back tiziti ‘job well dine” tinagwilizana nayo
kaphale and Sam ankafuna kufa ndi thukuta lake lo.we uja basi tinangowasiya. hetini!!!!
adadi akupukuta the fleet of cars and piles of njinga akusunga ku mangocizi!!!!
please mabwana inu give us some sanity here

Otayo
Otayo
16 days ago
Reply to  nafundo zalo

The woman you are referring to never run away from Malawi to UK. She passed through your borders and you endorsed her passport and cleared her to leave the country as a free citizen. I would suggest to you , possibly you are not hearing the cases of the other people you have named in your writing, Possibly Tonse Alliance made you to believe there is a case against them. But once again an allegation is just an allegstion. If you do not have evidence that meet normal standards of a court that follows the universal principle of Rule Law,… Read more »

gogo petulo
15 days ago
Reply to  Otayo

So you call electoral process mess up a political vendetta? And for Jane Assah going out does not mean she is out of reach. If need be she can be extradited and you’ll once again back her up as an innocent woman. Kagwere uko cadet.

Otayo
Otayo
16 days ago

What will Chakwera defence lawyer be arguing in this case! His task will be simple. He will be arguing with weak arguments with the motive to lose the case. He knows the best interest and position of his client (Chakwera) in this case is to lose. A normal court of law which abides by the Rule of Law will within minutes if not seconds dismiss this case not to take off the ground. This case should be thrown out of the window and stop wasting tax payers money. Subsidize the long awaited passport fee and many other promises. Attorney General… Read more »

Otayo
Otayo
16 days ago

Absolutely travesity of justice. This is a case of becoming Judge and jury in your own case. Democracy going to the lowest of the lowest mark

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