Mutharika lawyers insert 3 new grounds in amended appeal to Malawi Supreme Court

February 24, 2020 Osman Faiti - Nyasa Times 39 Comments

President Peter Mutharika on Friday filed an amended appeal notice to Malawi Supreme Court against a landmark Constitution Court (ConCourt) decision that overturned his 2019 election victory, lodging 17 ground of appeal, one short of the previous notice, documents showed.

Mbeta: Files amended notice of appeal to Malawi Supreme Court

Malawi made history on February 3 2020 when the five-judge panel of the High Court of Malawi sitting as the Constitutional Court ruled in favour of an opposition bid to cancel last May’s presidential election results over for widespread irregularities.

The President’s lawyers, Frank Mbeta confirmed that in his amended appeal papers, Mutharika maintains the judges had “erred in law” in concluding that his re-election was “undue” and he asked the Supreme Court to reverse the judgment which also ordered new elections.

The judges had declared Mutharika was “not duly elected” over what it called widespread irregularities, especially “massive” use of correction fluid on results sheets.

But Mutharika has replaced four grounds from the previous notice of appeal filed on February 7 2020, replacing them with three new grounds.

“The learned judges erred in law and in fact by failing to take into account in their findings the responses given by witnesses for the petitioners/respondents during cross-examination by the 1st appellant [Mutharika] on all the issues pleaded and identified in the petitions, and thereby showed gross bias in favour of the petitioners/respondents and against the first appellant,” reads ground 15 of appeal.

The appeal cites case authorities of Loveness Gondwe versus Malawi Electoral Commission (MEC) and Catherine Gotani Nyahara, of 2005, Bently Namasasu versus Ulemu Msungama and MEC of 2016 among others cases of example.

Reads ground 16: “The learned judges, having misdirected themselves on the issues set out in the ground 1-16 above, erred in law and in fact in holding that the 2nd Appellant breached Sections 40(3); 76(2) (d) and 77(5) of the Constitution of the Republic of Malawi, thereby making an unjustifiable order annulling results of the presidential election of May, 2019.”

Two of the presidential candidates in the May 21 2019 Tripartite Elections—UTM Party’s Saulos Chilima (the first petitioner) and Malawi Congress Party (MCP) candidate Lazarus Chakwera (the second petitioner)—asked the court to nullify presidential election results over alleged irregularities, especially in the results management system.

In his public reaction, Mutharika—a lawyer with expertise in international economic law, international law and comparative constitutional law—said alongside his legal team he has “serious reservations with the judgement” nullifying the elections.

Said the President: “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.

“As it stands, the judgement, if not cured, represents a flawed precedence for all future elections in the country. In fact, this judgement inaugurates the death of Malawi’s democracy. As such, it cannot stand unchallenged.”

The five-judge panel comprising Healey Potani, Redson Kapindu, Ivy Kamanga, Mike Tembo and Dingiswayo Madise nullified the presidential election in the May 21 2019 Tripartite Elections and directed that a fresh election be held within 150 days from February 3 2020.

The court said Malawi Electoral Commission (MEC) failed in all constitutional tests it set out on the elections and that the irregularities were so glaring that the credibility of the election was in question.

Mutharika was declared the winner of the May 21 election with 38.5 percent of the vote, with Chakwera losing by just 159,000 votes.

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39 replies on “Mutharika lawyers insert 3 new grounds in amended appeal to Malawi Supreme Court”

  1. The problem with Mbeta is buying judges. All this Appeal is bent on buying Judges. Judges know that you are ruining your credibility as Judges because of your acceptance to be bought like goats. Police and Mbera are one person which is very difficult to make him arrested. MUSIYENI AMUDYERE PETERYO and after all its our taxpayers money that peter uses.

  3. Frank Mbeta is the lawyer who alwez defend criminals and those criminals they bribe him with a lot of money .He is a young lawyer (very rich ) fooling big people like APM ,Abdul Batatawala of Lido electricals and many more.Where is the case of 17 billion tax invasion by Lido Electricals ? all the computers having that information were stolen @ MRA with the help of this lawyer and Abdul Batatawawala is free ,building mansions in Malawi,shop complex!

    1. DPP should get over their decisions and move on. Parliament has in fact amended dates for 2025 (and nor 2024) elections. Thugs should stop being in denial

  7. Lawyers of Mbeta calibre cant face the Veteran Modecai Msisha honestly, its enough proof that DPP is a party of comedians

  8. You are just wasting your time and mone, kuba malawyer, tangomuuzani mbuyayo kuti izi zitayeni zizithandiza…..mugenda katawuluka kkkkkkkkk

    Nanga poti ndinu amene, mabwana anu akutukwananso ma Judge omwewo ndiye zingayende zimenezi koma….ndakayika ndithu!!!!

      1. I have lost faith in the personality of APM. I used to respect him but with all 5 appeals he got defeated and he is still going with the 6th one. I fear the 6th one will leave him naked

    2. eni ake omwe ananena statement iyi mpaka lero akulephera kukapereka umboni wao ku ACB. Munaona bwanji Justice Nyirenda atamva za Mpinganjira corruption iye anangopita ku ACB kukapereka umboni sanalimbane ndi mma radio kapena TV. Ndiye inu mutsalirabe kumakhulupilira izi pomwe onenayo akulephera kuperekera umboni?

    1. Do you have a personal vendetta with the APM lawyer?
      Mukunyasidwa ndi loya bwanji instead of commenting on political situation in our beloved Malawi?
      Musanyasidwe ndi LOYA wa Mutharika, he went to school for his ULOYA WAKEWO. If you have nothing to write you better shut up .

  11. Those judges erred big time and they know that they erred ,we know and they know that they were compromised and intimidated by the likes of timothy mtambo and the so called hrdc sympathisers and thugs from msundwe and other bundits from central region especially Lilongwe and surrounding areas including mcp and utm .

    2. Hahahhahaha kuopsyezedwa ndi anthu opanda zida. inu mmayesa munali ndi apolice. mwagwa chagada ndipo maliseche anawaona Ben Phiri awonekera poyela

  12. Don’t waste your time on stupid things Mr APM.You are just showing to the world that you are an educated fool who wants to rule the country by force or his will.No one ever will over the judgement.Even the MEC people have confessed that irregularities were there so what else do you want to justify yourself?Remember,you are not the only one who is educated in our country.They are so many well educated people than you who can govern us with laws.

  13. The appeal is part of the acceptance and healing process. Why should we move on without appeal? I beg to differ

  14. The President has every right to appeal coz he has reasons and resources to do that, if you have problems with that kakolopeni nyanja period!

    1. While indeed he has the right to appeal as everybody else under the sun. You don’t appeal on unwinnable case. He is only appealing because he is not using personal resources. If it was his money Mr Mapiko he wouldn’t have dared to play this Russian roulette

  15. Prof APM has a constitutional right to appeal. This csnnot be contested. But to be honest this is a hopeless case.

    The whole country has accepted the court ruling and moved on. Whoever is advising APM needs to reconsider their position

    Instead of wasting time, money and energy on this hopeless appeal case they should be planning and strategising on the fresh elections in a few months time.

    And clearly there is a legacy to think about. At the end if it all what legacy does APM want to leave behind.

    1. He doesn’t care because he knows his legacy is tippexed and nothing can change that. Whether he stays or he goes, he will always be known as the tippex president. He is too scared for clean elections because he knows for sure he can’t win without tippex.

    2. Most great men fall because of listening to the whims of women. APM is no different. There is a force, apparently, which cannot imagine relinquishing all the glory. Did they have to create a position for Hon. Chimulirenji?

  16. Peter why are so arrogant. You know you cheated n rigged the last n previous elections. The whole world now knows and still you want to appeal. How stupid can one be more then what you are doing. This idiot mbeta is just trying to make more monies out of you. You got dumbest bunch of advisors on the continent.. these last stages of your life why do you need all this nonsense.. die in peace and with little bit of dignity….and don’t listen to your unfaithful Getu. She n norman are honeymooning at your expense and disgusting you… your stupid girlfriend Jane is also messed up in her head so now atleast wake up you piece of shit. Haven’t seen an idiot like you in my entire life. All other legitimate leaders are laughing at you dumbass Peter.

  17. Why is Frank Mbeta wasting his valuable time? I guess its purely for the money as he knows that whether he loses or not, he will still be paid handsomely by his client!!

  19. KKKKKKKKK this is shame to Muthalika. The judgment did not tackle Muthalika witness. This was MEC weakness inn handling elections of tippex brand we do not know up day where Jane Ansa got this law from. It is pathetic that we are wasting time other than having these useless commissioner fired and get new mec to start preparations of elections. Muthalika is too old for the position of the presidency at this stage and I am sorry Nankhumwa is talking abou Muthalika 2024 which Muthalika are you referring to. This is so Sad chimufera yekha kkkkkkkkk lol!!!!!!!!!!

  20. Just start campaigning. Zikuchedwetsani izi. Mlandu uwu dziko lonse lapansi linayamikira. Dont expect any reversal. Mbeta, as a lawyer, tell your client the truth and move on

    1. Mbeta is useless and was defeated together with Kaphale.
      Their CV’s are compromised now and no one can hire these two blistering barnacles even for an easy case such as K147 million Pioneer Police Ration one

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