MEC appeals against cancelling Malawi’s Tippex election: Ansah signs sworn statement

February 7, 2020 Osman Faiti - Nyasa Times 73 Comments

Malawi Electoral Commission (MEC)  has filed an  appeal to Supreme Court of Appeal against  the Constitutional Court  (ConCourt) ruling that nullified May 21 2019 presidential ‘Tippex’ election.

Jane Ansah: Lodge an appeal

MEC has also applied for suspension of enforcement of the judgement pending the hearing of their appeal  and  determination of the appeal.

Embattled MEC Chairperson Justice Jane Ansah has signed the sworn statement supporting application to stay the ConCourt judgement.

“I therefore humbkt pray to the honourable court for an order suspending the enforcement  of the judgement of the Constitutional Court pending the hearing and determination of the appeal herein,” reads a sworn statement from Ansah.

Out of the 139 grounds of appeal that MEC has filed, the commission cites the alleged bribery attempt by business mogul Thom Mpinganjira as a reason for appeal.

MEC reckons that the judges erred in law to continue hearing the case and  deliver judgement despite getting knowledge of bribery attempts.

It points out Justice Mike Tembo on the panel is a witness in the bribery case yet to commence in court.

In a unanimous ruling on Monday, the judges hearing the case said that “the irregularities and anomalies have been so widespread, systematic and grave… that the integrity of the results has been seriously compromised”.

The court said that it had been possible to verify only 23% of the result sheets, and that the election outcome “cannot be trusted as a true reflection of the will of the voters”.

As a result of their findings, the judges formally annulled the vote and ordered that a new election be held within 150 days.

President Peter Mutharika announced on Wednesday that he will appeal the decision in the country’s Supreme Court, which has the power to overturn the ruling.

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73 replies on “MEC appeals against cancelling Malawi’s Tippex election: Ansah signs sworn statement”

  1. Kodi madam uyoyo uyo wa lakho yo ndi assistant mec chair/commissioner chifukwa nde mati mati ndi a chair wo nde amatha

  2. Supreme court ingoyelekeza kupanga zamanyi hhmmmm tikukuonani tu malilime lakata panja kufuna mamillion anakana anzanu aja muyelekeza kupanga za nkutu atazakupatseni bagela simudzamuona

  3. Yes! It is a constitutional right and ma judge aja statement yoyamba anati the judgement can be appealed now mukulilanu muli vuto.Dziko la Malawi silimayendela zofuna za MCP ndi UTM ndi kabungwe kanu ka ma mercenary kaja. Inu mumayesa nkhani ya ku Court is one sided? Hold your breaths..the battle has just began. Inu mumayesa nkhani yatha.Pepani kumeneko ndikuganiza kopusa kwa chiMalawi komwe kwapangisa kuti dziko lathu likhale dull all these years..Let all means of the court process get exhausted.Mulira izi ndi ndale ngati mumayesa msima muwonda..

    1. The only reason Jezebel akulimba mtima with appeal is she thinks she and her adulterous DPP guru will be successful bribing supreme court judge this time. What she doesn’t know dzanja la Mulungu likalemba

  4. I just don’t understand what type of laws we have in this Country, the judgement is saying Malawi must have another Election within 150 days which is possible, it doesn’t say those who were involved must not run in this race, this is a neutral judgement. Now there are orders the Court has directed such as MPs must quickly look into 50+1 those are orders, and they said according to the way how the Election was,no one could stand up and say, I won the Election. Might not be Jane Ansah but her Team was ignorant and useless, which she didn’t rebuke at first but entertained and massaging them like the asshole wound, MEC thought will go away with it. Mutharika and every one in this Country said that they will accept the out come of the ConCourt ruling, which Court were they meant? When the change is coming, you can not change it. Mukungofuna kuononga ndalama za anthu osauka, God is watching you. I think what would happen is just to have the last statement be up to the whole Country,,,,, we may not have enough money, therefore the fresh Election can be done in October period! Not fwefwefwefwe!

  6. Concourt made a mistake for not arresting this woman & her team & of course Peter as well coz that’s what we expected.

  8. I fail to understand why a failed bribery attempt should affect a ConCourt judgement on the conduct of last year’s election!! Was the conduct of the election fraudulent or not? The judges answere YES, The only remaining question is whether the fraud extended to the parliamentary and district levels.

  9. Eish, little did I know that this woman could be that EVIL. She said she would resign when the Court rules against her MEC and the court has Unanimously done so and turn around. What an evil person, want to turn Malawi into Bloodshed. Shaaa, God help us. Malawi cannot be destroyed because of only two demon possessed individuals who have no love for this beautiful country. God you are there. Last time we had cried you heard us and now we even more crying, turn your ears and eyes and hear and see our Cry.

  10. On whose interest are these MEC people appealing?The 5 Judges made a mistake by not giving these corrupt MEC people stiff punishment.They were all suppose to be sent to prison and die there.We are voting to choose our leader who can lead us not you MEC dictating our vote

  11. MEC are also Saying that Mlandu Okayambirenso ….Khaya anali kuti pomwe Umatokambidwa ….They were not Serious as shown by the Absence of Commissioners as Witnesses …Now they Want to Waste Our time …

  12. So the government doesn’t have money to conduct fresh elections but it has more money to spend in courts and bribe judges. MEC gets money from our taxes so as Mutharika and his DPP

  14. Teach them that we dont judge out of anger, we judge fairy,,.
    This judgment weakened MEC powers,, its time SUpreme court restore that authority

  15. The last thing any democratic nation can do is to block, doubt or influence a judicial process. Let the supreme court clarify some issues raised by the concourt, appellants and respondents. Imagine if the concourt had thrown out the petitioner’s application in June last year we wouldn’t be talking about the 50+1 bill now. Similarly in this case the supreme court will clarify some issues to solidify our young democracy.
    We have a different situation to the Kenyan one because there it was the Supreme Court which nullified the election results hence no chance for appeal. May be as Malawians we should be debating whether presidential election disputes go straight to Supreme Court or not.
    I find Edge Kanyongolo as the only sober and nonpartisan legal mind in this country and I plead with him to be giving more expert opinions on contentious issues we are facing.

  16. I believe APM has has forced them to do appeal after he failed to the same as he has no grounds.

  17. Yona atatoponyedwa mmazi ….Nyanja inatokhala Bata.. .Ndipo Anatophuphaphupha ….Kukuwa ….Chisomba….Chisanamumeze.This is Jane’s Jonah Moment …She is Hoping that Someone will Pull her Out of the Ocean before . . .the Shark swallows her…..

  18. Ku Supreme Court ndiye MEC & DPP akayalutsidwa zanchito.

    Malawi has to move forward, osati tizingokhalira ndale, ndale, ndale…We have to settle down and develop the country now. A Malawi tikusautsidwa mdziko lathu lomwe…WHY? Because of too few people who want power and money? Where is leadership that prioritises Malawi’s plight=DEVELOPMENT?

  19. Jane Ansa kwenikweni ukufuna chiyani……ifetu watitopetsa. Ngat nd ufiti uzkadya anthu akwanu nd dpp yakoyo.
    U messed up the election, manipulated it and now u r continuing blowing our hard earned tax payers money .go to hell abiti Jane ansah its too much now

  20. Next Government should repossess the Nyambadwe house that Peter Mutharika, Jane Ansah. ET al bought corruptly and very low price

  22. MEC and APM should appeal . the ruling was stupid to say the least and it was pronounced by people who were full of hate for APM and DPP. The reducled their fellow judge Ansah just to shame her because of office politics where judges envy each other when one is appointed to head MEC. All in all this case has exposed the mess in the judiciary and if anything if we had indepedent judges from Nigeria to hear the appeal not the compromised judges at the high court or supreme court.

    1. The day you will see people taking the so called judgement, your head will be in the hands of killers! Mark my word dude. Judgment never praise all sides, but this one was brilliant judgement in the World history! It was neutral! and well educating judgement, if you see the Referee kukamila just know that he or she has the team that she want to win. This is what is happening. But this will not be possible anytime soon now dude, Malawi wa lero ndi wina.

  23. It will now be Judges vs Judges; game on! Law students where you are, watch this would be interesting game!

  24. You can make one safe prediction where Jane Ansah is concerned: Whatever she does is a shambles. Her appeal will turn out to have so many errors just like the elections she presided over. All Jane Ansah has is arrogance, and she has it in abundance

  25. MEC is RIGHT to appeal. There so many loopholes in the judgement by ConCourt to the point even the petitioners are concerned about the judgement.

  26. Ansah please dont spoil our mood. This ruling has positively put us on the world map. We have shown even the Americans that justice is cardinal not their shameful impeachment proceedings where witnesses are blocked from testifying.

    Just retire Jane. You did not create Malawi and you are not the first person to lead that Commission. Shame on you sellout !

  27. Tamanda chokotho has been fooling Atcheya now he is fooling Jane Ansah and the entire MEC. This lawyer is very greedy. He knows that even though they can appeal sangayiphule. Nawonso Amayi a Jane Ansah Mesa amati ndi abusa bwanji dyera limeneri

  28. Wo cares what she says. The court has ruled, and we can only hope that things will get better from here

    1. Ma arguments ya mayi awa are very bizarre like her public mannerisms and gestures.
      Take for example “Munthu umagwira ntchito ku office, then pa Sunday wapita ku church wina conman mbava approaches you with a firthy plan akuti mupange deal ugulitse katundu waku office yako.” “Iwe kukana and nkhani kukayitula ku police.” Then the logic according this woman is that you should resign from the job over an issue you did initiate, kkkkk Why? I doubt this woman believes what comes out of her own mouth. Take this woman seriously at your own peril. She’s very dangerous than what most people thought.

  29. is this what you preached “lemekezani chigamulo cha khothi?” jane asah waku ghana, peter muthalika waku America. they know if malawi is down they will leave. these two individuals they don’t care about peace and tranquillity of our nation. they don’t even care about negative economic impact. woe to bakili muluzi for bringing this family into power. cursed is him for selling us these stubborn individuals.

    any real Malawian born and raised here would never be stubborn like these muthalikas.

  30. MEC AS USUAL IS VERY EFFICIENT TO RUSH IN MAKING CRITICAL DECISIONS JUST LIKE IT RUSHED TO ANNOUNCE THE PRESIDENTIAL WINNER BEFORE REVIEWING AND RESOLVING THE 147 ELECTORAL COMPLAINTS.A 500 PAGED JUDGEMENT WAS ONLY MADE AVAILABLE TO MEC LAST TUESDAY AND BY TODAY (FRIDAY)THE MEC LAWYERS HAVE ALREADY BRIEFED THE MEC CEO. THE CEO HAS EXPEDITED THE SUMMOMING OF THE COMMISSIONERS TO A PROMPT MEETING . THE COMMISSIONERS HAVE DELIBERATED AND FINALLY RESOLVED TO MAKE AN APPEAL.

    IS THIS NOT THE CONTINUATION OF MR ALFANDIKA, THE MERE CORPORATE SECRETARY OF MEC MAKING DECISIONS ON BEHALF OF THE COMMISSIONERS? IS THIS NOT THE VERY SAME MEC CEO WHOM VP CHILIMA HAS ASKED TO RESIGN ON GROUNDS OF INCOMPETENCY?

    IS THIS APPEAL IN THE INTEREST OF THE PUBLIC OR PETER MUTHALIKA? THERE ARE MORE QUESTIONS THAN ANSWERS FROM THIS APPEAL.

    HRDC, NTCHITO IYO!!!!!!

  31. TINENELETU PANO. PLZ ABALE ANTHU ACHI ALBINO TISAMVE KUTI WINA WAYAMBAPONSO KWACHITIRA ZA UCHIFWAMBA WAKE. TINAPUMATU PAKATIPA. NDE TISAMVENSO.WOWACHITIRA UCHIFWAMBA WAKE NDIKUNENERA KUTI IMFA MATENDA SIZIDZACHOKA PAKHOMO PAKE. ANA AKE NDI APABANJA PAKE ADZAKANTHIDWA NDI MATENDA NDIPO ADZAFA MKUMALIZIRA IYEYO ADZAFA UKU AKUTULUKA MPHUTSI.

  33. Ngati ine osaphunzira ndinamva bwinobwino chigamulo chija muchichewa chomveka bwinobwino iwo sanamvetse bwino ngakhale kuti ndi ma professor ndi Judge senior counsel SC? What is blinding them?

  35. Malawi Electoral Commission of DPP has appealed, but why Muntharika is still pairing with MEC , Peter Muntharika leave MEC alone.

  39. We will wait for the judgement from supreme court.And the judgement from supreme court will be good again, so that Malawians continue enjoying the first ruling by the constitution court on Monday February 3, what a great day. No judge can ignore the tippex that was on the electoral results sheets.Kufuta futa was too much every page .Ngati constitution court judges used the following words: widespread, systematic and grave of evidence that MEC can not ignore themselves. Komano lawyers are lawyers they will defend everything,even if there is too much evidence of wrong doings. They want to test the patience of supreme court judges, after they failed to convince the constitution court judges. Wishing you all the best.

  40. Nde sanamupatse Alufandika apange sign the appeal papers bwanji if the court erred….appeal yopanga out of anger singaphule kanthu. So MEC and APM cant appreciate kut Malawi ali calm following the court verdict, akufuna phokoso liyambenso coz had the verdict gone the other way sibwenzi kuli calm chonchi. More lives would have been lost.

    2. kumpanda kwavuta sangamupatsenso Alufandika this time meaning akuvomereza kuti Alufanika cannot represent MEC koma akupangabe makani

  42. Zitsiru inu mukuyesa ndalama zathu zoseweletsaaaaaaa!! So now you’re telling us you deliberately decided to through spanners (bribes) through Mpinganjira into the case to confuse the system! Mwaupondaaaaaaaaaaaaaaaa

  44. I repeat that the biggest mistake the judges made it to refuse the bribe. It is not normal to refuse bribes in Malawi. They erred there hence the appeal. We will try to bribe the Supreme Court and I am sure they will accept. One billion to each judge.

  45. Mwagwa nayo anyapapi a MEC. Jane Ansah and your commissioners you failed to file sworn statement during the actual case. Now mwaona zavuta madzi achita katondo ndiye khamanikhamani. MEC Commissioners must fall!!

  47. MEC is dpp state captured they corrupted them ! If not careful the military will be forced to take over cause you taking kid games to new levels! Ask Mugabe! Dpp is afraid of (1) 50+1 (2) The evil they did coming back to bite (3) All the corruption 145 million = Jail! (4) electoral fraud once new govt comes and start investigating MEC for May 2019 shit wil go down! Ansah said wait for the court to resign, the court delivered its judgement a Bishop with integrity and cares for humanity you expect her for the sack of peace to do the honourable thing but she still wants another court perhaps of magistrate Ben Chitsakamile to accept evil deeds! Well guess what the souls of the albinos that were murder are refusing to settle on injustices maybe repent to the God you claim you serve!!

  48. Paja amati Mfiti yayikazi imavuta kwabasi…..

    Dear Jane, Step down and stop worrying about the next election. Someone else will manage that one. Kukakamila bwanji amayi inu? Get this through your thick selfish skull please, We don’t want you!! Malawi is bigger than you.

  49. Izizitu izi a Malawi, kupanda kusamala ziyambitsa nkhondo am telling you, its obvious MEC messed up, the court verified, a Malawi akhala okwiya nthawi yonseyi, pano akuupeza mtendele mukuwaputa ndi ma appeal anu a ziiiiii, ndikuti samalani!

    1. Yes mec messed up, but the judges apanga disregard ma court onse mmalawi muchigamulo chawo.
      Odziwa malamulo aona kuti majudgewa anawonjeza.
      This judgment ndi chilango, kuweruza mwakhanza.
      Koma musaiwale malawi ndi central amd norhr, palinso south

  50. Amayi nzeru ndi zopelewera eti? This is a direct hint that the Thom Mponganjira bribe attempt was well planned and executed at a proper time to delay just justice while justice Tembo stays in the witness box to testify in the bribery case. Do you truly mean that Malawians were supposed to wait for the bribery case to conclude kuti kenako adzagamule za chisankho? Ey!

  51. I hope this appeal yields impartial justice. The ConCourt was under the influence of something and thereby lost its way

  52. MEC ndi Peter kukakamila kuti aMalawi tisawoneke pa World Map kuti tapangako zanzeru basi……kudzutsa nkwiyotu wa aMalawitu uku………….apa ndiye kushosha ndithu uku!!!

    1. CHONDE, CHONDE MAYI ANSAH DZISUNGILENI ULEMU.
      YOU HAVE RESPONSIBILITY TO PROTECT YOUR INTEGRITY.
      PLEASE PLEASE DO NOT BE USED TO PROTECT POSITIONS AT THE EXPENSE YOUR OWN LIFE.
      DO NOT FORGET THAT YOU ALSO A PASTOR.

    3. Dear Joni, dont deceive yourself that Malawi is on the world map- one sentence is what BBC/ ALjazeera can air after the pathetic BBC correspondants send the news. Nobody cares about Malawi – many dont even know where on the map Malawi is.

      That said, why should the losers not appeal. Are you taking away their rights because they are DPP/MEC?
      Listen, this country does not belong to you and your friends-b your enemies have a right to co exist. AND with that existence comes their rights – this is one of their rights

  54. Ndeutu iyi tsopano……..uchitsiru DPP ndi akazi ake a Jane Ansah……..kudzutsa mkwiyo wa aMalawi kuja nkumeneku tsopano!!!!! I AM READY AND CHARGED NOW ………

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