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.
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.Follow and Subscribe Nyasa TV :