MEC falls again as Malawi Supreme Court dismiss application to extend fresh elections: With costs

April 16, 2020 Green Muheya - Nyasa Times 75 Comments

Nyekhwe! That’s the what the locals are saying in local slang describing the decision by the Malawi Supreme Court of Appeal to dismiss Malawi Electoral Commission (MEE) application to vary the Constitutional Court order in order to allow the commission extend the period for holding fresh elections.

MEC chairwoman Jane Ansah: Her embattled commission falls again in court 

MEC filed the application on the ground that there is Covid-19 outbreak.

But Justice Anaclet Chipeta told the court that the issues which MEC brought are already in the affidavits which  the electoral body filed to the court in an appeal case.

The court dismissed MEC outright, with costs.

MEC embattled chairwoman Jane Ansah is a judge of the Supreme Court.

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75 replies on “MEC falls again as Malawi Supreme Court dismiss application to extend fresh elections: With costs”

  1. I heard someone saying atumbukaa sazalamula dzikooo,,,,,amene waletsaa lockdown ndi ndani??nangaa omwee anapangitsaa APM ndi Ansah kugwa nayo milandu ndi ndan??nangaa ma judge aku supreme chikupangitsaa ndi chani kt majority ku supreme akhale atumbukaa ndi chanii??ndangodutsaa

  2. Jane ansah is stonecold woman who loses like no one in the world. Her qualifications needs a review. You can not lose on daily basis and still put on a happy face like hers ,well better yoy get your pay but your fellow Judges has exposed your incompetence beyond comprehension. I think you were appointed when there was no one else to be appointed or otherwise

    It takes courage to accept and stand down and there is no shame in that .actually its one of the best way to accept your failure to carry out your responsibilities with due diligence, we do not need doctorate degree in law to know that Ansah is as incompetent as hell

    1. what do you expect when you have a judiciary which dances the same tune with the oposition?

  3. In all fairness to MEC, organizing elections at this time is not easy. Many states in the US have postponed the primary and their election bodies are far better endowed than our MEC. I am not sure that the judges and justices are fully measuring what it takes to run an election. Look, I am not sure that MCP and UTM must let a hush hush election take place. Be careful what you wish for, but do not be a wiper on July 3!!

    1. A Big Lie. In America in the State of Wisconsin, two days ago, they were VOTING in the midst of Corona Virus pandemic. Remember, USA has 640,000 infected people and over 27, 000 deaths and on top of that, America has the Highest number of infected people in the world yet the did organize voting.

      What can STOP Malawi from Voting with 17 cases of Corona Virus infected people.

      Zambia, Tanzania and Mozambique has Corona Virus pandemic, infected people, But they have Not implemented LOCKDOWN.

      WORLD HEALTH ORGANIZATION has advised African Countries not just COPY AND PASTE, the issue of Lockdown Bcoz in other countries lockdown can work while in other countries lockdown CAN’T WORK.

      Mali are preparing to vote very soon, but they have Corona patients. South Korea were voting yesterday, but there are Corona infected people and thousands of Deaths.

      DPP Cadets and your President and the whole DPP and MEC DON’T HIDE BEHIND CORONA VIRUS ISSUE. Otsathawa Zisankho.

      Whether MUFUNE kaya MUSAFUNE, Malawi Elections are going to HAPPEN, no matter what.

  4. We can and will vote as long as social distancing is observed. Jane and NTCHONA, please stop clinging on to your jobs illegally. Your time is up and now running out of new thieving ideas. South Koreans have just voted while observing social distancing.

    1. i can tell you Mec and pitala that watch how socio distancing will be observed on the voting day becoz we just want to vote and kick dpp arses out

  7. The direction the court will give is to remove APM and SKC and replace them with a council comprising the chief justice and the chief secretary, army commander and police chief. Of the four 3 are thyolo while 1 north . Akayiwona.

  9. The ruling has nothing to do with the tribe of an individual. Guys let us just accept the truth, Atumbuka anatiposa basi. Titukwana mpaka kuzinyelera koma na Mtumbuka ndi Benz. Ife kwathu kuno xool tinachedwa nayo. These Tumbukas are not many but they are everywhere with good jobs. This is so becz they education is in their blood. Go to my village in Thyolo, this era boys and girls don’t know how to read zoona. Nde tizingotukwana Atumbuka apa tipindula chani. Go to colleges, these people are stars and their positions at work are not by chance or nepotism. These people work and ntchito amatha. I have gone to school with Tumbukas and I have worked with them, eeee anthuwa ndi machine. I never talk shit of Tumbukas but I like to chat with them so that I can learn their educational tactics kuti mwina nane ana anga ndiwaphunzitseko. Ife Achewa nsanje basi ndikukhala akamwini.

    1. @ Gamalieli
      I know you are a tumbuka ! Don’t fool people here. Whatever the case , you will never rule Malawi. Period

  11. The reason the appeal has been squashed with costs is because Jane et al knew that the application was already in the Affidavits in the main case. Surprisingly Jane failed to grasp this.

    On the dates for elections, let us not trouble our minds. The Supreme Court Judges are human beings and learned judges. They will provide guidance in their ruling.

    4. Why you lhomwe tribes all be judges would have done better than tumbukas . You can go to school and study laws and be a judge 😂 😉😁

  13. The courts have been politicised. But their plans to help opposition will backfire. An election cannot be held when people are not registering, political parties are not campaigning, electoral materials can’t be purchased and by the way, the bills have to be voted in parliament. ConCourt ruling requires constitutional change – the opposition the corrupt and incompetent courts are supporting does not have two-thirds majority.

    1. Yes political parties are not campaigning but DPP and MEC are decampaigning themselves already

    3. Our Courts are very Independent this time around.
      Countries where we can print Ballot Papers are just plenty. South Africa can also print ballot papers. They did print ballot papers for The Republic of Congo, they can do the same for us.
      If the registration can be disturbed, Opposition parties can go to Court and stop new Registrants from voting and they can use the voters roll of 2019 that of 6.8million voters that’s all. No problem about new registration, Brother.

      Just accept you DPP Cadets, “Dzanja likalemba pa Nkhoma, Peter Muthalika and DPP ‘s Time is up. Start packing from Government.

  15. The judiciary and the opposition are living in denial. This shameless pursuit of the presidency is pushing Malawians towards early deaths from Covid19.

    Mind you, Elections in USA or south Korea can go ahead because all materials are manufactured internally. Their people are rich and can vote and count electronically.

    Here in Malawi electoral materials are imported hence not entirely within mecs control. and since voting or counting is manually done, MEC staff and presiding officials handling the ballots will face high risk of exposure from corona infected ballots. On this issue Jane ansah is on the side of the people, and is 100% correct.

    2. Chonde, chonde kumafatsa nkumamvetsetsa zinthu. The Supreme Court is saying that it already ruled on this matter (suspension of the ConCourt judgement), but MEC brought it back using COVID 19 as an excuse. The position of the Supreme Court is that until it rules on the entire case, the ConCourt judgement should be followed. But for some reason Jane Ansah seems not to understand this basic point. It is possible that the Supreme Court will throw out the ConCourt judgement entirely, in which case there won’t be an election. But in the meantime the judgement of the lower court still stands – why is this difficult to understand?

      COVID 19 does not mean that life has ground to a complete standstill. People are still going to work, to the market, to the shops, to funerals, etc etc – so long as hygiene and social distancing is observed. You cannot use COVID 19 as an excuse for things you don’t like. Life still goes on – but with proper precautions. Using COVID 19 as a shield is a poor strategy. In the next 3 months therapies will have been found and it will not be such a big problem as it is now. Currently a number of therapies have already shown promise even with the sickest COVID patients…

  16. Kodi a MEC mwawinapo mulandu uli wonse? It appears jane and peter are very dull. Why lose every case? If you know grounds are very weak mukanauzana osapita ku court. Dont hide behind ambwenumbwenu lawyers. The two of you are just dander heads

  17. In as much as I agree with the ruling, we need also to take it seriously when we about this pandemic, it sounds so simple in many ears of Malawians not because we have so far very few in number who are positive but because the Politicians in this Country has politicized the pandemic.
    This means Malawi has been denominated by Politics. Fellow Malawians we may be killed by this unknown Virus called Politics, Coronavirus is there the whole World is the witness of this, it is only in Malawi the Coronavirus has become a political ground.
    The pain of those who are positive should touch us all,if you may ask them what they would choose in life as of today, their answer can bring tears in your eyes because the hope of being good and or being healed is very little because there is no cure so far for this pandemic.
    My fellow Malawians,if the Election can change us to better life,let the Election continue, if nothing can come out this Election, we need to rise above this and work together fight this virus which has already attacked 16 of your votes.
    Remember, the pregnant War doesn’t produce a good or bad people,it only produce the dead and the yet to die.
    With full scale, we are smashing this virus Baba! Hahahahahahaha!

    2. Did you know a non Covid-19 patient in Mchinji was a subject of doctor being forced to declare the patient as having Coronavirus, with Nicholas Dausi at the top of it? DPP wants to use the pandemic to their advantage and the courts know it.

  18. Exit plan ya lockdown ndi yomwe tikudikila osangovumbuluka nkunena zopanda mcele. hetini. EXIT PLAN

  19. These judges will look foolish because there are many factors or reasons that will make it impossible to hold elections. Registration has been severely affected already. Political parties are not campaigning. Parliament has not yet vote on bills which means the 2 July date MEC is working on is likely to be affected and that will blow the 150 days. Our judges are deliberately pushing this country into constitutional crisis

    2. Abwana what do you think will be the legitimate mandated constitutionally elected president through free credible elections as demanded by our constitution that the authority to govern shall be derived from the people of malawi through an election.This is a problem we have in democracy you rule through vote.people of malawi has not voted apm for this 150 days except the court order which expires after 150 days.There will be no president since he was declared unduly elected and that his term is Only 5 year term 2014 to 2019 period according to our constitution which expired in 2019.So an election is a must.

  20. This lady has just exposed herself as regards to her poor decision making. I am surprised how she became attorney general and supreme court Judge. A good leader could resigned long time ago. Resigning is not a sign of weakness rather strength. If she is well educated and qualified there are better jobs within and outside government than being a chair of a commission

    3. Wopusa adzayimba ng’oma wochenjera uja adzavina ndithu. Lero mukuwoneka madolo in your dealings but remember muyezo woyesera mnzako mawa anzako adzakuyesa ndi womwewo. Jane never worry your fighting a good course and some don’t want to listen to you but whom we serve loves anyone irrespective of color, status, etc so look unto God tomorrow it will the same ppo who shall write a book za u hero wako. I know great leaders never quit and you are such a woman, proud of you and i pray Gpd to continuosly give you good health until you finish your task given to you by the judicial council to head MEC.

      2. Mwamudziwa liti Ambuye inu kuti mpaka muyike pemphero apa! Tathokoza mwamudziwa Yesu pano ngakhale mwamudziwa mutafinyika kaye……koma dziwani ichi……Mulungu akuwonanso onse otumidwa kukaphwanya katundu wa MEC, akuwonanso zonse mumakambirana ndi Jane Ansah zija kuti mukaphwanye katundu wa MEC then Jane Ansah akayimitse registration kuti muzilamulirabe through backdoor, Mulungu akuwonanso ma kadeti kuvula azimayi zovala za MCP ndi UTM, Mulungu akuwonanso akazi ndi family ya Buleya ndi Njauju kulilira ba amuna bawo, Mulungu akumvanso kudandaula kwa makolo a Robert Chasowa, Mulungu akuwonanso misozi ya anthu anaphedwa ku Mzuzu aja ndipo anayikidwa pa Zolozolo Cemetery aja……muzikumbukira kuti a DPP polapa muyikemo zonsezo..mwina nkukhululukidwa……musamutenge Jane Ansah ngati Mayi Maria koma Jezebel chifukwa ndiye chilungamo chake ndiye onse omvera chisoni ngati inuyo ndikhulupilira ndi amene mukumadyera limodzi mgonero ku fake church kwanuko…..

  21. Nepotism at work. Those who blame dpp for nepotism are themselves legally practising the same. This 10th consecutive defeat should be be viewed in terms of tribalism

    2. No, not tribalistic but professional stupidity of the complainants……they should know what and how exactly to bring to the COURTS…….actually, they know that they will face rejection at the courts even before going there so why keep on humiliating yourselves? Let justice flow accordingly….osalimbana ndi lamulo>>>>>>

  22. Kanthu ako, macadet simuothera. Keep on vandalising the MEC equipment in the registration centres, but one thing is certain. and that is whether you like or not we are going to have the election sooner than later. Jane Ansah understands the laws of Malawi very well, but she is is misled by Peter Mutharika who gives her wrong instructions. Unfortunately, she doesn’t have the courage to tell her boss the right thing for fear of losing the benefits as MEC Chair.

    2. Opposition mukhalira zomwezo beczuse you the same ppo who say lockdown is meant for vote rigging so u r against voter registration bcoz govt has announced the lockdown. Shame on you sakudziwa ndi ndani muzunzika ndi moyo wanu wongotsutsa chiri chonse mpaka 100 years woooooo!

      1. Uyiona lockdown Mene amako agogoako atakomokele ndi njala mnyumba uona Ngati 21days ndi nthano. Mulibenso ndi ma fridge Kuti musungemo zakudya, madazi kumjigo zimbuzi Panja ndiwo kumunda munangomva Kuti ku South Africa kuli lockdown mwati nafenso kkkkkk mudzipwetekesa munyanokha Jane Ansah and Peter Mutharika akumwa cold drinks mu fridges

  23. MEC is headed by a chairperson who is such a dunderhead and a puppet for Mutharika. Is should be all stakeholders agreeing to postpone elections. It’s a valid point but this dubderhead, Jane wamisala does not know the process.

    1. Misguided ….. did you expect Jane ansah to be granted her wish …no ways!

      You dpp people have messed up development in the country because of nepotism, selfish interests etc

      Basi pano mupite ku court la ngologoliwa wanuyo 😹😹😹😹😹

    1. They will be humiliated because they can’t control politics. Those bills are waiting parliament. Their rulings can only be achieved through constitutional change. The opposition they are supporting does not have 2/3 majority to change the constitution. So, the Tumbuka judges will be ashamed in the end.

  28. Infant I don’t understand why Ansah still wants to waste her time with the courts instead of just proceeding to prepare for elections. This court already made its position and even if the make appeals the decision would not change. If she feels she can not do as ordered by the court let her step aside and let those who can manage to step in.

    1. . Where will the ballots be printed. I think Malawians are not understanding that the whole word has come to a halt.

      1. China has opened up………Korea were voting some days ago, Tanzanians are shortly voting, Italy is re opening up, New York is re opening etc Why do you wish a dark cloud to continue…power??

  29. The court now is politicalised, it has not handled its cases in order. Since ConCourt gave the rulings last time, the court shows political. The court does not have the mandate to order the Congress to pass the bill.The court can not disturb another arm ‘s job. The court can not pretend the eyes blind while there is very serious COVID19 in Malawi. Otherwise the ruling is full of politics. Basi,We,Malawi finishing.

  31. In the first place this decision is by far the best and gives hope that the supreme court will give us a better and not biased verdict. In other words the learned judge is saying let’s not duplicate.

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