MEC grounds of appeal were embarrassing, distasteful- Malawi Supreme Court

The seven-judge panel of the Malawi Supreme Court of Appeal has condemned  some of the grounds of appeal which Malawi Electoral Commission (MEC) filed in the appeal on the disputed May 2019 presidential elections were embarrassing, convoluted, fictitious and distasteful.

MEC Lawyer Tamando Chokhotho being scrutinised at the Court-pic by Lisa Kadango
DPP Secretary general Gresdar Jeffry captured with Lawyer Charles Mhango at the Court-pic by Lisa Kadango
Court on a five minute break on the judgement

President Peter Mutharika and MEC  appealed the judgement of the five-judge panel of the High Court of Malawi sitting as the Constitutional Court which nullified last year’s elections and ordered a fresh poll.

Reading the first part of the judgement,  Chief Justice Andrew Nyirenda said some of the grounds of appeal in the matter were “extremely comfrotational”  and “unwarranted”.

The Supreme Court of Appeal states that  Mutharika also accuses the court of bias on some grounds and the court cautions against unwarranted allegations against courts.

The Chief Justice said the grounds were “fictitious.”

“We have struggled to make sense [out of them,” he said.

The court also said that some of the grounds by  Mutharika—a lawyer with expertise in international economic law, international law and comparative constitutional law— should have been made by MEC.

The Chief Justice further said  some of the grounds by MEC do not stand its test but the court has found it imperative to hear the substantial issues without dismissing the case on technicalities.

The panel of judges in the case comprises Chief Justice Andrew Nyirenda, Justice Rezine Mzikamanda, Justice Edward Twea, Justice Anaclet Chipeta, Justice Lovemore Chikopa, Justice Frank Edgar Kapanda and Justice Anthony Kamanga.

Nyirenda said the Malawi Supreme Court panel has reached a “unanimous decision.”

At the time of going online with this report, the court was still delivering the judgement.

In their judgement, the ConCourt judges comprising Healey Potani, Dingiswayo Madise, Ivy Kamanga, Redson Kapindu and Mike Tembo unanimously ruled that Mutharika was not duly elected because there were irregularities and he did not attain the majority vote.

The ConCourt subsequently ordered a fresh election within 150 days of its judgement and directed Parliament to make some legislative provisions that would support the 50+1 constitutional provision.

If  the Supreme Court upholds the judgement, the fresh election will proceed and if it overturns it, there will be no election.

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nafundo zalo
nafundo zalo
5 months ago

ife kumaenda titapanila micila ngati agalu oopa agalu ozaenda pakhomo pathu pomwe kaamba ndi akuluakulu misiinkuhu abale inu!!!!
pitala anandobwera from amereka after 1 year kukhala plesdent
jeni amakhalisa ku UK ndi madwale ake aja a ku Ghanawa claiming ndi azibusa mpaka kugula nyumba kupanga church kumawaberaso anthu. ndiyotentha genitu ya ubusa kumaiko aazathuwa.

abale anthuwatu atichaya kha titi atikola ndale.

pls Jeni go out of this galeta with your followers

nafundo zalo
nafundo zalo
5 months ago

6 kwa zero.
kuphwanyodwa
kusasanthidwa
kuumbudzidwa
kukalasulidwa
kupumphudidwa
kusosoledwa
basi kutaidwa kiti tione mmene aphululukile.
milandu ya DPP ndi MEC izawinidwa Pitala Akazamera mano.
olo kugamulidwa lu bwalo la njovu osati supreme.

zoona a malawi kumakanika kumeza mdi madzi omwe popeza PITALA NDI JENI afungatila mazila !!!!!
conde kumapanga zinthu ngati kuli mawa..

MWAMBI WA LELO- PAKA.MWA MPABOMA
onyooooooooooooooooooook

ULEMU WANU SUPREME

Lego
5 months ago

Where is JOLOZA?Come out and comment here.

Nyusesi
5 months ago

Congratulations atumbuka for taking advantage of courts to steal victory from real victors. But we are following your actions very very closely and let’s see where this will end to. Bravo Mzuzu corner for showing us how miscarried justice looks like.

TRUTH
TRUTH
5 months ago

The judges were very emotional, the words used in their judgment are very bad. I am sure if there was an issue between them and Jane Ansah or Peter, they should have still used better words. This was just an appeal case. Words like embarrassing, distasteful etc. Do not forget that Jane Ansah is your fellow judge of the same supreme court.

LinC
LinC
5 months ago
Reply to  TRUTH

Nothing wrong with the words. They say it as it is.

Maiye
Maiye
5 months ago
Reply to  TRUTH

Haiwe Malawi wavutika coz of Jane Ansah MEC and Peter Mutharika together. Mitengeli ndalama song

Kotakota mtalamo
Kotakota mtalamo
5 months ago

Mmesa ndima judge achitumbu omwewo mmafuna kwapanga bribe ndi 100million,si wakumpoto koma ndimapeleka ulemu kwa anthu akumpoto,amayima pachilungamo

chataika
chataika
5 months ago

chilungamo chake chiti ngati ndi akumpoto take it from me iwo they dont want apm already thats why their ruling is biased ifetu tikuti tikamuyikanso pampando APM whether mufuna simufuna dont ndi mcp or utm yokha yomwe ku ballot ifenso wathu tiri naye nga nga nga we are more than ready moti tikungowona 2 july kuchedwa kwabasi tikukhazikeni pansi anthu ankhanzanu ndi kaduka

Patricio Nkombwa
Patricio Nkombwa
5 months ago

I suggest this is how we should do it this time around. I mean this extra time of the elections. We vote between 6am and 6pm. We regroup soon after voting while keeping a distance to allow for vote counting. After counting the presiding officer announces the results. MEC officers display the same on a board or flip chart. We get the assurance that what has been announced is the same transferred on the result sheet and duly signed by the parties. We celebrate if our candidate has won on that particular polling centre. What do you think colleagues? This… Read more »

Zio ine
Zio ine
5 months ago

I said it before that appealing was suicidal. If APM and MEC were wise they should have stopped the appeal when the court rejected the stay order. APM and MEC should have known that they were dealing with conspirators both the court and the petetioners. It is a known fact that there is a great conspiracy to get even with APM.

John Kachapira
John Kachapira
5 months ago

When you have cadets representing you, this is what you get. You should have engaged lawyers. Cadet Kaphale, Mhango, Tembenu and co have never been good lawyers. They do not have moral grounds to defend anyone but the state. Kaphale is just but a disgrace!! Kuba basi.

chataika
chataika
5 months ago
Reply to  John Kachapira

tikukhwulitsani tikuti muli anatu inu pandale tifuna tikuphunzitseni if tembo who stayed in mcp for 50 years but failed to make ndiye inu a lazaro, skc hehede maloto a chumba ndithu

pumbwa face
pumbwa face
5 months ago

Surely everyone can now see the writting is on the wall. Time is up for this DPP joke. Days are numbered for the Cadets. Resistance is futile. You have taken for granted malawians for a long time. You have treated a whole nation like fools. Obviously some have fallen for the devlish charm but clever ones have seen through it. They have allowed you time to change. Time to prove yourself. Time to deliver on your promises.You have laughed in their face. Treated them like idiots.Now even those within your circle can sense the time is over. Like Judas they… Read more »

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