MCP’s Msungama wins elections case against DPP MP: Court orders re-run

October 28, 2014 Wanga Gwede- Nyasa Times, 74 Comments

The High Court in Lilongwe has  ordered Malawi Electoral Commission to conduct fresh elections in Lilongwe City South East constituency where a Malawi Congress Party (MCP) candidate Ulemu Msungama challenged the results which Democratic Progressive Party (DPP) candidate Bently Namasasu was declared winner.

Msungama: Wins case
Msungama: Wins case

Msungama sought for court’s redress following the decision by Malawi Electoral Commission (Mec) to declare Democratic Progressive Party (DPP) candidate Bentry Namasasu winner of the parliamentary seat.

He applied for nullification of the results and was pushing for a recount to substantiate his rigging claims while Namasasu on the other hand sought an injunction stopping the recount after the High Court ruled that the recount could be done.

Making its determination on Tuesday October 29, the High Court judge Esmie Chombo ruled that the electoral body should conduct fresh polls to accord Lilongwe City South East constituents opportunity to have a representative of their choice in parliament.

Lawyer representing Msungama in the case, Emmanuel Chapo, said: “The court has agreed with the arguments we raised in irregularities. This means Namasasu is no longer MP.”

Legal expert Justin Dzonzi said the High Court has powers to nullify the election.

He said the ruling means the MP has lost his seat and the electoral body will have to conduct a rerun.

When MCP pressed for vote recount the MEC warehouse was gutted with fire which was suspected to have been caused by regime agents.

MEC also said that it was not ruling out arson and asked the Inspector General of the Malawi Police Service to institute appropriate investigations.

The fire, among several materials, destroyed 2,400 ballot boxes which some contained ballot papers for the Lilongwe City South East.

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74 replies on “MCP’s Msungama wins elections case against DPP MP: Court orders re-run”

  1. Iwe Nsungama ngakhale by-election itakhala mawa sungawine pa DPP-Namasasu.Udzalira dikira,vuto ukufuna uzaluza ndi mavoti ambiri pamene mpira amatha kutenga world cup ndi chigoli chimodzi. Chende lako wamva kkkkkkkkk

  6. Apulezidenti musafulumire kumapezeka maloamodzi ndi Peter Munthalika , muluzitsa mavoti anthu ayamba kunena kuti MCP ikusapota chipani cha DPP.

    Chonde musachite phuma ndikuyamba kumapezeka pamodzi APM . Paja zeru zaukape mulinazo Apulezidenti athu.

  8. DPP thinks it can force and impose itself on Malawians you have been setting fires all over to destroy evidence. This judge should be commended for doing the right thing. Corrupt MEC can not hide behind any more fires. just conduct a rerun too bad the same was not done for the May 20th elections. I guess Mbendera got paid hefty loot

  10. Ndikuona kuti judge ivy kamanga walakwitsa coz masiku anapitilira asanacite complaint yake mpaka munthu kumalumbilisidwa.
    Ai tiwona ngati a Namasasu atacite apeal kuti zizatha bwanji. Musatiyese ife zitsiru zoti tizikavotanso ai. Mavoti anabotedwa basi sitimangakavote ndi mvula ife ikhala nthawi yamvula.
    Ivy kamanga akuwoneka kuti watopa nayo job. Bwanji osangopempha kukapuma?
    Ngati ukufuna kutipusitsa ife a MCP sitifuna ai.

  11. The guy lost and even if they conduct a rerun he will lose again. When the election is highly contested it doesnt mean that there is fraud in democracy one is declared winer even with difference of one. Will the the high court find funds for this election?

  12. How did the same courts failed to nuliffy the May 20 elections after the eloctoral body itself confessed that the elections were marred with SERIOUS irregularities? Just wondering!

  13. John Mangani! You have asked a silly question. Ivy Kamanga congrants. I know Namasasu knew this. No wonder he was stil busy kunyamula maliro in his grey venture. I wonder he had never been a happy man every time he comes to malangalanga. You thought by burning the ware house was a solution. Expect 2 things. You wil loose the elections and you will be arrested for masterminding the gutting of Mec ware house.

  15. DPP voters don’t make noise unnecessarily like what I see here. They know when to make necessary noise and that is on the polling day. So let us wait and see who is going to smile at last. After all the constituency in question has people from all corners of Malawi and I think you know what that means in Malawian voting. Also remember that there is no DPP but UDF/DPP.

  18. I am congratulating judge ivy kamanga DPP chipani chakuba chinaotsa warehouse kupha umboni. Even the president did not win the election. Shame to ruling party.

  19. Well, it is the opportunity for DPP to show MCP that they were just crying foul for nothing. DPP will win with wide margin. Remember these guys were neck on neck and now it will be the battle of ego. Unfortunately most of you ranting here are not registered voters in that area so you cant influence anything. This Msungama is childish no wonder his name is Ulemu-dzina la mwana. MCP failed even to tick in Blantyre and Goliath bi-elections.

  20. Had you known that Chilinde, Area 23, Kaliyeka, Chiuzira is stronghold of DDP. You will vote an egg once you lose again Ulemu Chilapondwa

  21. GUYZ!! Pajatu musaiwale kuti boma ili la DPP likumasavaiva ku makhoti kuyambila bambo wawo Mutharika. He won by deceit with the help of the courts. You will see they are going to appeal and I can see the supreme court favouring DPP. You will see. My brother Msungama and fellow MCP supporters don’t rush kusangala hold your peace and see their next move. They are thieves anatibela anthuwa.

  24. Kunonso komanso ukonso even aponso kukufunika rerun or recount. If MEC doesn’t have the votes, there will be elections.

  26. Ivy Kamanga, where was the grieved MP when the swearing in took place? I know that everybody who was not satisfied with the election results were given seven days to launch their complaints and if need be, court ordered recount. Ivy, I’m quite sure you were here in Malawi when everything was concluded. Your fellow Judge in Zomba has thrown out Yunus Mussa’s complaint to do the recounting of votes (these MPs are idiots). That is good. Don’t let us repeat the same things we’ve done already. You want us to go vote again instead of going to our gardens with the rains about to fall? Ivy, if you are tired of your job, just resign.

  28. Let us go to the ballot box again and elect the genuine representative. Courts should not give us “Leaders” but we should choose our own Leaders. If anything, a by-election is very vital here.

  31. Guys lets focus now Chilinde is not Thyolo Thanva or kwa Goliati ayi, kunoko mkumoyo kwathu ndiye kumoyo sitionetsa, timaonetsa mkazi wako yekha kapena mamuna wako basi, or wachikondi wako basi, mwanayu inu aku constuency yi kampatseni vote awowo avule Jacketiyo avale worksuit tikumana mmalangalangamu mbanva imeneyo NYANI!!!!?.

  32. Kumeneko kukafunika ma id mama maka momwe mukuwadziwire ena anazolowere kubera. Onse okonda chilungamo tikavote mwa unyini. Mwanayu umamukhala u MP. Mwana wa ulemu ndi ntima wabwino mwadzina lake. Tisalole satana alamule kumeneku. Chonde tonse ofuna kwabwino tithandize.

  36. Well fought… Manyazi kwa ……………………
    People lets unite behind Msungama and shame the thief. This is Votegate!!!!!!!!!!!!

  39. hehehehehehe Chilungamo chapelekedwa mochedwa mbavayo italandila kale loan ndi ma benefits ifetu timadabwa warehouse ipsya bwanji mulandu uli mkati? Nanga abwana awo sanambere chakwera KKKKKK

  40. Well this is another proof of what the dpp did, no matter how high the eagle may fly it shall one day land, if only the stupid MEC, ZODIAC and judges used wisdom in their doings things would have been better, the just ended last elections were the worst Malawi has ever had, rigging, favoring, intimidation, cheating you name it and yet a certain stupid observer said they were fare and free my foot, let justice prevail we want to know the truth. No wonder you rushed to buy and bribe stupid udf leaders as you are but sons of the same devil. GOD will punish you one with your stupid judges and mercinernary legal teams with your evil doings. I hate you all.

  41. This is good news, atleast something has happened. Judge Ivy Kamanga has shown that she is not afraid of any party or being pushed by anybody. MCP/DPP let there be a rerun and make sure you open your eyes to close all possible loopholes

  42. Vuto la mfana Ulemu yu ngwachibwana heavy. Sangawinenso ayi. Matama chilichonse cha mmoyo wake amaika pa facebook kufuna kutchuka. Kaya ali ku toilet, kaya wapeza nkazi, kaya wagula phone, kaya akudya nkhuku, kaya akukisana ndi nkazi everything phokoso pa facebook eee ine eee achimwene anga eee holy spirit this and that. He should mature first and be disciplined.

  43. Remove corruption in the name of campaign and let the contestants be voted for according to what people know about them and the facts they will present to them during campaign period.

  44. That a thief doesn’t cross the red line which is 40 days is sound & valid. DPP is a party of thugs & cashgaters full of nepotism & regionalism starting with Peter. Brave High Court. If Chakwera went to court too Peter should have been history by today. Mbava za mavoti izi ana a Bakili Muluzi awa!

  45. If the warehouse was sorely set alight to destroy potential evidence then you got it wrong! Look where we are now!

  46. this casts a dirty stain on MEC who should definitely be investigated. the scale of system failure is equivalent to cashgate, except they are robbing people of their freedom of choice. it is unacceptable that the organisation remain unchallenged and unchanged. it is broken and require fixing!

  47. MP wa MCP anawina. Inu a DPP ndi Bantamu wanuyo chomwe muyenela kudziwa ndi choti kuli Mulungu kumwamba olo munaotcha za mavotizo MULUNGU ali ndi njira yake ndipo olo mutatani simungapikisane naye. Tili okonzeka kukavotaso. SHAME ON YOU!!!!!!

  50. what a milestone ruling. I wonder what went into the judge’s mind to rule this way. In the past it has been judges who were defending rigging with useless excuses. Go to all judgements meted against John Tembo’s electral cases. Its either you are late or too early to complain blablabla.

  52. congratulations Ulemu and we pray that truth will and justice will be done this time around and warning to dpp never try to rig again as this time people are not the same don’t put Malawi on fire

  53. Congrats MCP. Mbavayo dzina lake lolowe pa Cashgate chifukwa wadya kale ma allowance, salary ndi loan ya ku Parliament. ACB please convert the money to theft by rigging!

  57. Before the election is conducted police apprehend all possible culprits present during the night if the inccident. Up to date no action was taken by our DPP led govt. Why if anything? Bravo Malawi. Lets vote again

  62. It doesn’t matter who the MP will be. People are suffering every day. In some cases it is like hell on earth. Even portable water is not readily available. Democracy is becoming meaningless as the suffering is growing every day.

  66. DIRTY TRICKS MUST BE STOPPED!!!!!! We have watched this conduct for too long so that even our children think it normal to STEAL, CHEAT, BRIBE name any stinking behaviour!!!!!

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