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.

Mutharika: I have instructed my legal team to appeal against the judgment and challenge it.

“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.

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SMM II
SMM II
9 months ago

Kala what you and Mthatlika smoke will certainly kill you.

Kala
Kala
9 months ago

These judges are stupid and tumbukishiiii and mcp inside sources indicate that the security forces told them to rule against MEC

Lamion
Lamion
9 months ago
Reply to  Kala

Tippex uja?

Zholashemorere
Zholashemorere
9 months ago

alendo awa kamuzu did not make any appeal to man who is NOT EDUCATED

Aabwino
Aabwino
9 months ago

It is him who is death of democracy. An old materialist clinging to power. Can’t he feel ashamed that at his age 79 he is going about fighting for an office. Shame!!!!!!!

Masuku
Masuku
9 months ago

Tiziti ma judge anali atadya kale K800m kuchoka kwina, thom mpinganjira wangopakidwa ndi K100m yake?

WaWa Malawi Wathu
WaWa Malawi Wathu
9 months ago

Old man, what are you talking about, the judgement is not the end of democracy but for sure you APM and your late brother Bingu have done more than anyone to destroy democracy. It cannot be a democracy where there is no accountability and transparency and you corruptly acquire vast wealth. Go fool those Ministers of yours. The Judgement is plain and simple – restoration of democracy no more and no less.

mjiba
mjiba
9 months ago

zoona majaji a concourt anapanga chgamulo cholowelea ntchito za parliament mu chigamulo chawo chifukwa chiyani? ndani anawafunsa pa chidandaulo kuti anenepo nkhani za 50+1 kapena unyinji wa ma voti? Chisankho cha pa tatu choyendesedwa ndi MEC chifukwa chiyani zotsatila zolakwika zikhale za pa upulezidenti makhansala ndi ma mp ayi? ili ndi funso lomwe pulofesa kadaulo wa malamulo akufunsa ana majaji osakwima pamchombo

Mtete
Mtete
9 months ago
Reply to  mjiba

Someone had to hold the bull by the horns. We have pussyfooted for too long

Lego
9 months ago

Just because your wife Getrude is forcing to cling into power you decided to appeal.Shame,a man that can not stand and make decisions on his own

#NextPresident
9 months ago

when APm was talking of his legal team,he meant of achina Frank Mbeta wo ?? This is really a joke.How pathetic, APM is ill advised.

Wilbert Wolfs
Wilbert Wolfs
9 months ago

The judgemental decision has without any doubt resulted in a victory of democracy in Malawi.

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