Mutharika hits back at ConCourt ruling: ‘Judgment inaugurates death of Malawi’s democracy’

• ConCourt ruling had fundamental errors
• Malawians should remain peaceful
• Judgement  not the end of litigation process 

President Peter Mutharika hit back at the Constitution Court’s (ConCourt) ruling  which overturned Malawi’s May 21 2019  election results and said he  plans to challenge the decision, because he and his legal team has noticed fundamental errors in the judgement that cannot go unchallenged.

“As the first respondent in the May 21 Elections case, I have taken note of the judgement delivered by the High Court sitting as a Constitutional Court. Like many Malawians,  my legal team and I have serious reservations with the judgment,” said Mutharika said on Wednesday evening.

The panel of  five judges on Monday ruled that Mutharika was “not duly elected”, citing massive and widespread irregularities including the use of correction fluid on results sheets.

To that end, judges ordered a fresh poll within 150 days.

But in “a special address to the nation” monitored on tax-payer funded Malawi Broadcasting Corportaion (MBC),  Mutharika, a retired law professor and one of the framers of Malawi Constitution,  said he together with the legal team   believe the judgement has “errors that need to be corrected.”

Mutharika said: “Above all, we seek justice.”

He said: “We consider the judgement as a serious subversion of justice, an attack on our democratic systems and an attempt to undermine the will of the people.”

Mutharika pointed out that as it stands, the ConCourt judgment if not cured, represents a “flawed precedence”  for all the elections in all future elections in the country.

“ In fact, this judgment inaugurates the death of Malawi’s democracy. As such it cannot stand unchallenged.  Consequently, I have instructed my legal team to appeal against the judgment and challenge it,” he said.

Mutharika, 80, who will remain president until the new election,   has up to six weeks to appeal.

The legal team for President Mutharika  comprises Frank Mbeta, Samuel Tembenu, Charles Mhango, David Kanyenda and Chancy Gondwe.

Mutharika has since called on Malawians to remain peaceful.

The international community has urged calm.

“We call upon all Malawians to respect the decision of the court and to adhere to the path outlined in Malawi’s constitution and electoral laws, including on the right to appeal,” said Tibor Nagy, the top US diplomat for Africa.