MCP, UTM welcome Malawi Supreme Court order for election case continuity

UTM Party and Malawi Congress Party (MCP)  have welcomed the Supreme Court decision to reject the appeal by President Peter Mutharika and the Malawi Electoral Commission (MEC) to dismiss an election petition case which the two party leaders brought before the High Court disputing May 21 presidential election.

Chilima and Chakwera welcome the Supreme Court order as victory for democratic integrity

A panel of seven Supreme Court judges, led by Malawi’s Chief Justice Andrew Nyirenda, on Thursday rejected the appeal demanding the dismissal of a case about the presidential election results, effectively allowing the election case – which  started on July 28 – to  continue to be heard in the Constitutional Court.

Both Saulos Chilima the UTM Party leader  and Lazarus Chakwera the president of Malawi Congress Party (MCP), who are challenging results of the presidential election, claiming that they were rigged in favour of  President Mutharika who was declared winner with 38 percent, welcome Supreme Court ruling.

Chilima was jubilant as he welcomed what he called a “pro-democracy  ruling” by the court.

On his part Chakwera said he welcomes do the ruling with delight.

MCP Secretary General Elsenhower Mkaka told Nyasa Times that the Supreme Court ruling demonstrates the independence of the judiciary.

“We have always respected the independence of the judiciary. They remain the only hope for this nation. On this one the judiciary is showing the world they are independent of any influence,” said Mkaka.

He added: “ We are happy with the outcome. We know our friends will go to any lengths to derail the court case but we are certain that no matter how slow the wheels of justice would grind, they will surely grind.”

The lawyers representing Mutharika argued at the High Court that the opposition petition was filed late. They further asserted that it had no sworn statement, hence it should be dismissed.

But Chief Justice Nyirenda said on the issue: “Our answer is yes, these matters are appealable but we notice a couple of issues. There is no notice of appeal files by the first appellant and there is a notice of appeal by the second appellant. However, the matters are raised by the first appellant and not the second appellant in the court below.

“Having made these observations, having [listend to] the skeleton arguments and having heard counsel this morning orally and having considered the matter in entirety, we dismiss the matter with costs,” said Nyirenda.

Governance expert and commentator Makhumbo Munthali told Nyasa Times that it is the best interest of both the petitioners and respondents to have the case reach logical conclusion.

“At the end of the day this will partly help in answering the question as to whether the election was rigged or not,” he said.

“DPP and MEC they need to know that allowing the Court to pursue the substance of the case to the logical conclusion will also help them in validating or invalidating  the outcome of 2019 Presidential elections.

“If the Court does not find any (serious) evidence of rigging, this would in one way or the other strengthen Mutharika’s legitimacy  to govern,” said Munthali.

Both Chilima and Chakwera are challenging results of the presidential election, claiming that they were rigged in favour of  President 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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HUU
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HUU

Can the two work together see the picture very careful , Chilima is a honest a man than this Chakwela his friend is giving him a hand but his is looking down not facing him

TOSH
Guest

ndiponso report la UNDP WE GOT IT IFE AMCP TILI NALO MULIRA MTOOOOO IN ADPP

President Mkango Lion Manthakanjenjemereza
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President Mkango Lion Manthakanjenjemereza

BOMA ILI TATOPA NALO PLEASE SHOULD THERE BE RERUN, MCP UTM UNITE.

Onjezani Theu
Guest
Onjezani Theu

When the same ‘independent’ court finally throws out your weak nullification case, you will cry lungs out that the court is not independent. You guys lost credibility a long time ago! Your case is very weak and will certainly face the boot of the judges!

Ngolongoliwa
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Ngolongoliwa

Ukumva pheni cadet iwe

Mr Truth Pains
Guest

Yah! we need full conclusion of this Case and not short cut pursued by MEC and DPP. Nowhere to run just be focused Mr Kaphale and your team and bring your FAKE documents to Chilima to expose them. U thought you are clever by saying there is no case ?? My friend there is a case that’s why Justice Nyirenda told you earlier on that this is a Constitution Matter meaning there is a Case to Answer. Learn to be a lawyer representing someone not as a judge at the same time. This is very critical CASE in the history… Read more »

Charie
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Charie

Zachidziwikire kut akhothi adzawinitsa mec ndi amutharika akhothi akufika Ku baizitsa a opposition kut angayambeso kumphanya ma shop.

TOSH
Guest

ngati ali oganiza ADPP anakazifunsa mafunso kuti kodi chikuwachitikira chani whereby any move they are playing is being floped

Fake Petros
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Fake Petros

It’s because they are not paying the costs of their unreasonable applications/ appeals. The problem of having thieves in government

kaukonde
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kaukonde

Nkaka you will soon swallow those words that the judiciary is indepedent. What they did is just to put water on the flames of fire because judges know that any ruling against the violent and terrorist opposition will result into them being attacked.

Kapado Chimulirenji
Guest

Where is my Lady, my Lords. I want him to comment on this story. I am saying “him” because I know him and he works for MACRA.

Muthalirenji
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Muthalirenji

My DPP friends don’t be worried with the judgement, we expected it otherwise why was the constitution court so sure they will meet on Friday? They needed this life jacket to cling-on as they watch Kaphale shredding the petitioners’ sworn statements into pieces. Man mukutiimilira ndipo ndakusungirani crate yaChimulirenji kuno kwaGeorge! What worries me though is the lack of details in the judgment. I don’t know whether the media is hiding some details but for some of the 7 supreme court judges to drive all the way from BT to issue a judgement so short that it can fit on… Read more »

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