Mutharika, MEC formally appeal against ConCourt nullifying election win

February 17, 2020 Owen Khamula - Nyasa Times 29 Comments

President Peter Mutharika and the Malawi Electoral Commission (MEC) have finally appealed against the February 3 Constitutional Court (ConCourt)  election case ruling which annulled the May 21, 2019 presidential poll.

Lead lawyer Frank Mbeta for President Peter Mutharika: Appel filed

The court also ordered a fresh presidential election in July.

Both lawyer for Mutharika,  Frank Mbeta and MEC  private-hired lawyer Tamando Chokotho have confirmed filing the appeal documents at the Supreme Court in Blantyre as thousands of the ruling Democratic Progressive Party (DPP) supporter took to the streets to protest against the ruling.

“Yes, we have filed the grounds for appeal. We are just waiting for the court to set dates for the hearing,” said Mbeta.

Mbeta said the lawyers will be back at the court on Wednesday for what he said settlement of records of appeal session before the court sets the dates for the hearing of the appeal case.

Constitutional Court judge president Healey Potani said the hearing of the appeal case will expedite because the Constitutional Court had already finished preparations for court documents on the case.

UTM president Saulos Chilima and Malawi Congress Party leader Lazarus Chakwera dragged president Peter Mutharika and MEC to the Constitutional Court over the presidential poll.

The court found that the election was marred with irregularities and anomalies which had been so widespread, systematic and grave that the integrity of the election had been seriously compromised.

The court ordered that the country reverts to the 2014 presidential election and reinstated Chilima as the state vice president, technically firing Everton Chimulirenji.

The MEC had declared Mutharika the narrow winner of the May election with 38 percent of votes, followed by Lazarus Chakwera with 35 percent and former Vice President Saulos Chilima third with 20 percent.

Mutharika had denounced the ruling as “a serious subversion of justice, an attack on our democratic systems and an attempt to undermine the will of the people”.

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29 replies on “Mutharika, MEC formally appeal against ConCourt nullifying election win”

  1. That is a better option than Street protests. DPP, HRDC and any Malawian have a right to demonstrate. Only that DPP can be sued by attacking judges. The judges can use DPP petition to sue them for defamation. For starters DPP petitioned ACB to investigate the judges and they are lucky none of the judges has sued the people who signed the petition for defamation of character

  2. Peter anabwera kudzayimaliza dpp munthuyi sadziwa kuyendetsa dziko olo ngakhale Company sangakwanitse kuyendetsa mbuyomu zimkamukanika kuyendetsa unduna.Sangakwanitse kulamulira dziko.dpp itha ngati matani

  4. So what did the DPP fools thought they would achieve by marching against the ruling? Some of the people who were marching dont even know that the judges ruled against MEC and not necessarily DPP! Inuyo mumafuna muwine zisankho zosokonekela ngati zimenezija? If you really won then why not just prepare for the fresh elections and win without Tippex? Fools ukumwa madzi ometela ndebvu!!

  6. @Keen Observer, you’re very wrong, the nepotistic attitude of the Northers is so entreached and sophisticated that its tentacles has touched every system and institution in the country hence its miles away from Mulhako.

  7. Mutharika and the DPP will try any means at all to hold on to power, even questioning the ruling of five judges. They have no respect at all for justice and democracy. For someone who claims to have been a Law Professor, he is clearly a fake.

  14. That small crowd of DPP sympathisers is marching in vain. You are better off going back home to prepare for the imminent election

    1. That is total ignorance my dear. There is a provision that if someone is not convinced with judgement can proceed to make an appeal even the concourt itself said this. So why shud you despise others on the same? Let them go and all of us lets wait for the outcome thats all. Malawi tiyeni tiphunzire kulemekeza anzathu.

    1. Donaldo useless supporters are the ones who were marching for HRDC even their faces could tell most of them were young who doesn’t have things to do. In yesterday’s marching it was full of beautiful and happy people well organised

    1. Nothing wrong wiith that, that’s the besuty of democracy & freedom of choice or association. On the other hand I come from the same area with Mutharika BUT I feel that Im civilised enough to follow things blindly. I hate DPP with the last fibre in my body. It has taken the country 10 steps back. We used to call the Northerners nepotistic & that they just say ‘Wakwithu” BUT” now what the Mulhako government is doing is far much worse than what we used to think nepotism is.

      1. I agree with you Observer. I too come from the same Area but insulting the Judges is very bad material. And you see them closely you will see that some have no shoes from the typical Village and some educated ones want to be appointed to Cabinet minister or sent to Embassy so you can see that one cannot tally with DPP and I dont like it for insulting Judges? Anyway if I was a Judge TIKANAWONANA ku Supreme Court.

      3. Ntumbuka wachabe chabe iwe kagwele.
        Atumbuka ndi amene awononga dziko lino.

        Anthu ozikonda mapeto.
        Zoti alhomwe ndiwoipa kuposa atumbukazo ndiye musatinamizepo. Everybody knows khalidwe la atumbuka.

      4. You have just shown how mediocre you are, hating DPP with no cause, Adadi deserves two consecutive terms as the law requires and you want him out before his tenure expires. Why can’t you jus wait for your time kuti people should vote for you formally, not kuti muziyima apa ndikumanyoza kuti chipani cha Mlakho the undemocratic, tribulistic one.

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