MEC flip flops, withdraws letter to parliament for fear of contempt

Malawi Electoral Commission (MEC) has withdrawn a letter to Public Appointment Committee of Parliament which summoned the Commission to appear before it on Monday, February 10, saying they will now proceed to attend the meeting, other than ducking it for fear of contempt of court.

High Court judges, who heard the presidential elections case, found that there were massive irregularities in the May 21 2019 presidential election which saw President Peter Mutharika re-elected with 38 percent of the vote.

The court also ordered Parliament to take appropriate legislative measures to ensure that the significance of the certainty which is brought by fixing the date of the general election under Section 67 (1) of the Constitution is preserved.

It also ordered that the Public Appointments Committee of Parliament should, in line with Section 75 (4) of the Constitution, inquire into the capacity and competence of MEC’s current commissioners to oversee the fresh election.

Again, the court ordered that Parliament must, within 21 days from the date of the ruling, make appropriate provisions for holding of a presidential runoff in the event that no single candidate secures the constitutional majority under Section 80 (2) of the Constitution as interpreted by the court.

After widespread condemnation on different social media platforms, including by some prominent legal minds , Chief Elections Officer Sam Alfandika has withdrawn the letter and will let the electoral body officials  appear before Parliament committe.

The decision has been made for fear of contempt of court as the ruling is in force until another order of the court.

In the Monday judgement, judges Healey Potani, Dingiswayo Madise, Mike Tembo, Redson Kapindu and Ivy Kamanga, said they acknowledged that there were three constitutional questions that were central in the determination of the matter, adding that in to determining the constitutional questions, the court was also called upon to determine and dispose of all other issues raised in the petitions.