MCP withdraws appointment case of Mathanga, Kunje and two others: Free at last!
Malawi Electoral Commission (MEC) chairperson has announced that Malawi Congress Party (MCP) has withdrawn a court case commenced against the appointment of commissioners Jean Mathanga, Linda Kunje, Steve Duwa and Arthur Nathuru.
The High Court in Lilongwe weeks ago granted the opposition Tonse Alliance an order to start a judicial review into the recent appointment of some Malawi Electoral Commission (MEC) commissioners.
Justice Kenyatta Nyirenda granted the order to Tonse Alliance presidential candidate and Malawi Congress Party (MCP) leader L a z a r u s C h a k w e r a following an application by his lawyers.
According to a copy of Judicial Review case number 34 filed on June 15 2020 in the High Court of Malawi Lilongwe Registry, MCP and Chakwera are the first and second applicants, respectively with President Peter Mutharika as the first respondent and commissioners Jean Mathanga, Linda Kunje, Steve Duwa and Arthur Nanthuru as interested parties.
High Court and Malawi Supreme Court of Appeal registrar Agnes Patemba confirmed the development in an interview yesterday, but said the order did not restrain the commissioners from continuing to preside over the management of the fresh presidential election to be held next week.
One of Chakwera’s lawyers Titus Mvalo said the Tonse Alliance torchbearer wants the court to review whether President Peter Mutharika broke the law in the appointments.
Mvalo says first, the court must review whether the President contravened the law in appointing more representatives of the governing Democratic Progressive Party (DPP) to the commission and also in reappointing commissioners Mathanga and Kunje despite the two being declared incompetent by the High Court and Parliament.
He said: “Legally, MCP is supposed to have three commissioners but the President only appointed two. We are challenging this as an irregularity.”
Mvalo said the party hopes to have the case heard before the June 23 election, but the court has not yet set the date for the hearing of the case.
Mutharika appointed six new MEC members and Chairperson Justice Ch i f u n d o Kachale following the expiry of previous commissioners’ c o n t r a c t s a n d t h e resignation of former MEC chairperson Jane Ansah.
Apart from Nanthuru, Duwa, Kunje and Mathanga, other commissioners are Anthony John Mukumbwa and Olivia Liwewe.
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they have withdrawn because they have won in fact they started this case to create a scapegoat in the event that they lost.
Its pointless pursuing the case further. The culprit has already been sent packing by Malawians, why waste energy and resources??? The two commissioners should reflect on their previous conduct and reform themselves and do right in the new Malawi. If they can’t, Please pack and go!!! follow your god father period!!! Malawi wont miss you.
We knew this was just an insurance policy for the opposition/judiciary to be executed only if dpp wins. Tonse Judiciary alliance at work.
You are yet to cry
MCP’s offer of an olive branch to its oppressors. Manyazi agwire mtengo. You cant fight what God has ordained.
Zayambika kusiya mbava
Wait for the new administration. We will sort out the mess created by tribalism.
Good move, mwawina kale no need to waste money on this legal case……..it’s my hope that these partisan commissioners will have the common sense to do the right thing and resign, ambuyawo sapita?