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.
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.Follow and Subscribe Nyasa TV :