Mutharika asks court to dismiss poll case on technical grounds: ‘MCP, UTM petition incompetent, irregular and embarrassing”

President Peter Mutharika and governing Democratic Progressive Party (DPP) lawyers have filed to the constitution court to strike out the election dispute case filled by the opposition, the lawyer for DPP, Chancy Gondwe, has confirmed.

President Mutharika: The former law professor is first respondent in the case and has punched legal holes in opposition application

Chakwera and UTM Party president Saulos Chilima, who is also the country’s immediate past vice-president, are challenging the May 21 presidential election results that were marred by use of Tippex by Malawi Electoral Commission (MEC) in altering figures on results sheets.

The two filed a case against MEC in court, and the court has since included President Peter Mutharika as the first respondent to the petition with MEC as the second respondent.

The DPP filed and served a notice of preliminary application in the Constitutional Court on Wednesday against the poll petition by UTM and Malawi Congress Party (MCP).

The DPP has raised three main preliminary issues for the determination of the Constitutional Court.

“…that the UTM petition be struck out for being irregular, incompetent and incurably defective, that the MCP has not filed any election petition known to the law within the prescribed seven days period and should therefore be removed as a party to these proceedings and that the purported election petition by MCP be struck out for being irregular, incompetent, embarrassing and incurably defective,” says the notice in part.

The DPP argues in the application that: “The UTM Petition was not supported by any sworn statement filed within the prescribed 7 days and cites wrong sections of the Parliamentary and Presidential Elections Act.”

The ruling party also says that the purported MCP petition is a purported sworn statement by Dr. Lazarus Chakwera but signed by lawyer Titus Mvalo without any jurat.

“The said sworn statement was not attested before a commissioner for oaths as required by law and the nature and purpose of this document is unknown as is alien to the law as it is neither a petition nor a sworn statement and it is therefore embarrassing to the respondents,” says the application.

The DPP also argues that the purported election petition was not duly filed with the court as it does not have the requisite court stamp signifying payment of the requisite fees and it purports to verify a petition that does not exist.

The ruling party has asked the court to strike out both petitions.

Chief Justice Andrew Nyirenda certified the matter as constitutional and assigned a five-judge panel to hear it in a Constitutional Court.

The five-judge panel comprises Healey Potani, Mike Tembo, Dingiswayo Madise, Ivy Kamanga and Redson Kapindu.

But some legal minds are labelling it as unfit, improper and incompetent.

Their argument cites that  none of the petitions or submissions by UTM and MCP raised a constitutional question.
The Constitutional Court, by its very nature, must only deal with the interpretation of the Constitution.

The five-panel judges will hear the arguments Friday during the scheduling conference.

MEC on May 27 declared Mutharika winner of the presidential race with 1 940 709 votes representing 38.57 percent followed by MCP’s Lazarus Chakwera with 1 781 740 votes representing 35.41 percent while Chilima finished third and ahead of four other aspirants hopefuls with 1 018 369 votes representing 20.24 percent.

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mtete
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mtete

The women groups are quiet on Ansah simply because she aided and abetted vote rigging. That makes her a thief as well. You don’t defend robbers.

Malawi
Guest
Malawi

APM, you believe youu genuinely won, why not just say, let this case be heard. You are a Lawyer by Profession. If i came to you with a tip-pexed Statement what would you do? Even Mayeso a standard 8, once written gets sealed and signed for. Amakatsegula ku Maneb. The teachers do not take the envelopes home. What happened to the ballots that were being transported without security. Those drivers needs to testify. We’re MEC Officials not present while the cars were being loaded. This doesn’t make sense. Ansah knows something. Why was MEC officials allowed to take the ballots… Read more »

Charie
Guest
Charie

MCP inapita ndi mwini wake kamuzu.apa nde zakuvutani olo patakhala fasting ya 40 days palibe kuwina.ingogwirani ntchito ndi boma basi nchere wokha sangakumaneni.

Njowe Cheketa
Guest

I am very surprised to see the silence from the Civil Societies that defend women, and women Lawyers and all those that fight for women rights. There are many disgruntled groups including the faithful that have petitioned our innocent Justice Dr. Jane Ansah to resign from her work for just doing her job that did not favour the opposition. The Women group defenders have been vocal on Mchacha just upon mentioning the UTM as Mahule and these groups created a picture to Malawians that they want to fight for women who are abused. Where are you now when this innocent… Read more »

Peter
Guest
Peter

Kodi zosiyilana alikuti? Kkkkkkk wasowatu

I shall be honest with u.
Guest

Am from the LowerShire myself but what I have discovered is that this Muntharika’s family has managed to create enermity between Llomwe tribes and other tribes in this country . There is so much hatred of other tribes within Muntharika’s inner cycle which is not far from being exploded if not handled carefully. Let’s all be United as one peaceful loving people. The other thing which I wanted to talk is that, when Northerners saw that this government was creating favouritism towards a particular tribe they advocate Federal System of government but we all say Northerners Ndiwozikonda kapena kuziva but… Read more »

Ankhwinda
Guest
Ankhwinda

Ulendo uno ndikumaliza kwa ulamuliro wa the Muthalika’s olo tithanso kunena kuti ulamuliro wa DPP. So APM you need to leave a legacy yomwe Bingu anayambisa osati zomwe zachitika mu 2014 – 2019 generally you lost focus. Amalawi chomwe timafuna ndi tsogoleri okonda dziko lake osati osangalasa kagulu kochepa ka anthu. This time around bwelesani nduna zachitukuko ikakhala old cabinet mutha kutengapo atatu okha (Tembenu, Msaka ndi former vice chancellor / Mwanabveka). Tiyeni tiwone dziko likutukuka ili akakhala ma board members akhale anthu odziwa ntchito. Forget about politics ino ndi nthawi ya chitukuko andale asiyeni azipanga zowo inu pangani zoti… Read more »

Ankhwinda
Guest
Ankhwinda

Generally APM amalawi samadana naye koma anthu omuzungulira ndi omwe amapangisa kuti amalawi asamamukonde this time please bring in new names in your cabinet, board members, advisers, ambassador s you will see kuti za mpungwempungwezi zitha koma mukatibwelesela anthu omwe amaziti okonda chipani akufuna kuzikundikila chuma ndiye siziyenda. Kubwela kwa SKC amalawi anakondwela chifukwa amawonesa kuti ali mwa Bingu ndi Kamuzu ndiye ayi ulendo uno yesesani kuwakonda amalawi osati kusangalasa kagulu ka anthu. Ndinu president wa a malawi osati kagulu kofuna kuzikundikila chuma anthu akuvutika

Ankhwinda
Guest
Ankhwinda

Ngati APM akufuna a malawi amukonde ziyambila momwe asakhile unduna wa Boma, board members, ambassador s, advisers, mec commissioners iye choti adziwe ndi choti ndi pulesident wa a malawi osati alomwe has nothing to loss atapezeka kuti alomwe akumuda koma anthu ena onse akumukonda. Chomwe adziwe ndi choti ena omwe amawati okonda chipaniwa atawamana udindo apezekeka akudana nawo. Chabwino ndi chani kusangalasa anthu ochepa ofuna maundindo ndikusangalasa mtundu wa a malawi onse. Learn from malemu Bingu ndikuona anapeza mavoti oposa 60% chifukwa chokonda dziko lake osati kusangalasa kagulu kofuna kuzikundikila chuma. Chonde maudindowa tengani anthu olunjanisa a malawi osati opasula.

Hatton
Guest
Hatton

Truth Pains, dont worry, there is no panicking. The team is only pumping sense into the fallen man of God’s head. Chakwera and his Mps together with Chilima’s MPs have been sworn in. Which MEC conducted the election. Was the MEC not chaired by Ansah? By accepting to be sworn in, Chakwera and Chilima have added their voice to that voice that declared the elections free, fair and credible. On that basis indeed the case must be thrown out.

Agenda Setting Theory
Guest
Agenda Setting Theory

We had three elections in one day in case you don’t know. Chakwera and Chilima and many other Malawians are challenging the presidential results whose results they believed are not credible.

Central
Guest
Central

@Agenda Setting Theory, the so called Hatton went to adult literacy school, is a bootleaker and can’t understand what you’re saying!!

Zoona
Guest
Zoona

Ndiye kusadziwako kumeneko, ngati a Chakwera ndi a Chilima akukana zotsatira za zisankho kuti sizinayende bwino sanayenera kuvomera kulumbiritsidwa chifukwa the tripartite elections were not free, fair and credible. They were tripartite elections. So kuvomera kulumbiritsidwa ndiye kuti avomereza zotsatira za zisankho zonse kuti zinali bwino