Mutharika legal counsel set to appeal on suspension of court orders

President Peter Mutharika’s legal team in the election case is upbeat that their client would instruct them to appeal against the Constitutional Court ruling on Wednesday on the suspension of the court order which nullified the May 21, 2019 presidential election.

Mutharika’s legal team: Samuel Tembenu, Charles Mhango, David Kanyenda and Chancy Gondwe 

Charles Chidongondo Mhango, the sole lawyer for the Mutharika legal team who turned up for the appeal hearing on Wednesday at the Constitutional Court in Lilongwe, said he was yet to get instructions from Mutharika on the way forward of the case.

“But my personal opinion is that we have very solid grounds for appeal in the Supreme Court,” he said.

A legal expert at Chancellor College Sunduzwayo Madise said the appeal case is supposed to be heard by a single judge but the court might decide to assign all the nine judges of the Supreme Court to hear the case.

He, however, said that since the Malawi Electoral Commission (MEC) chairperson Jane Ansah  is among the nine Supreme Court judges, there is a possibility for seven judges to hear the case.

Madise said since Ansah, one of the Supreme Court judges is a respondent to the case in her capacity as MEC chairperson, the court might hire a retired Supreme Court judge to chair the appeal hearing.

On Wednesday the Constitutional Court rejected an appeal, brought by President Mutharika and electoral commission, to suspend the judgment it made last week annulling last May’s presidential election.

The court also dismissed the electoral body’s claim that another election would be too expensive.

Judge Dingiswayo Madise said democracy was costly and the rights of citizens were paramount.

The court’s initial ruling invalidated  Mutharika’s narrow victory on the grounds of widespread polling irregularities.

It has ordered a re-run of the poll within five months.

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Ndadabwa
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Ndadabwa

Mr President, if you know there was nothing fishy about the elections, why are you appealing the judgements? Just keep quite and start campaigning would be my advise otherwise it looks like you know something was wrong.

Super power
Guest
Super power

A good lawyer assesses the likelihood of his or her client’s chance of winning a case and advises accordingly without prejudice to the related economic benefit.
In this case it is common knowledge that both appeals will not be successful and these so called lawyers wish to proceed with the appeals. Do not say the Super Power did not warn you. This time all the cost will be born by the first appellant.

Mangochi Kabwafu
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Mangochi Kabwafu

Another northern dominated lineup. Surely quota hasn’t helped. Where are the mulakhos?

Ndadabwa
Guest
Ndadabwa

You are a useless person, Don’t you know that people from the North in almost all countries are intelligent? Even Jesus Christ came from the North

Mitengo
Guest
Mitengo

Where does Christ fit in here?

Malawi belong to the citizens
Guest

Kkkkkkkkkkk

Andala asyene
Guest
Andala asyene

@ Tung’ ande
You have never written anything positive on this forum. Am pretty sure that you either a LHOMWE or a DPP STOOGE.
Koma chisankho chichitikatu OLO kulemba zamanyi akowo.
By the way, what do you do in life ? What academic qualifications do you have ?
I see to much mamina in your head . Remain a bootlicker when your friends are moving forward .
I rest my case..

tung'ande
Guest
tung'ande

Democracy was costly and citizen rights paramount. What a stupid statement from a learned person. He claimed it is Malawians who will pay. At the rate we will have elections government should introduce elections levy on all income and see if Malawians who he claims have paramount rights will not cry.

Lego
Guest

What are you talking about?First understand the word ”GOVERNMENT”the you wont have your stupid argument

Aabwino
Guest
Aabwino

You are clouded by party affiliation. Can’t you see that adad is hiding behind costs. He wants to stay in office because its expensive to run an election.

Destroyer of liars
Guest

That means two appeals in one case. From one appeal to another. One appeal after another.

Zabwino Phiri
Guest
Zabwino Phiri

= buying time

Mzeedi
Guest
Mzeedi

Judge madise is very wrong, the rights of the citizens relating to fair elections are not paramount. These rights are not fundamental they are not necessary at all. Let’s not waste money on these rights.

The judges behaviour is just power grab which Lucius banda condemned in his song titled ‘unity’. Un elected judges frustrating govt agenda

Lego
Guest

Be objective and a learned person please.Between the judges and your useless MEC and DPP,who is wasting money for nothing?

Andala asyene
Guest
Andala asyene

@ @ mzeedi
Palibe chanzeru walemba apa apart from showing the world the high level of your stupidity and biaseness towards your ” late ” DPP. I would also not be wrong to suggest that your other name on this forum is Tung’ande. Birds of the same species flock together.

ZOOM
Guest
ZOOM

Surely, Mhango, Kanyenda and Gondwe, these lawyers are up to milk the oldman..for it is obvious that they loose nothing in pursuing the case