Mutharika remarks over ConCourt ruling sparks mixed feelings
Malawian law experts and governance commentators have reacted with mixed feeling President Peter Mutharika’s remarks that the Constitution Court’s (ConCourt) ruling which overturned Malawi’s May 21 2019 election results “inaugurates the death of Malawi’s democracy.”
Malawi Law Society (MLS) president Burton Chidongondo Mhango argues that Mutharika was within his rights tio comment on the landmark judgement and governance exeprt Makhumbo Munthali also argues that the President is exercising his right to be aggrieved with the ruling and appealing.
Other commentators argue that fresh elections will be costly to organize, and there is no guarantee of a more competent, professional, and independent electoral commission next time around.
The court’s ruling also introduced a degree of confusion as to whether a majority or a plurality of votes will be required to secure victory in future polls.
In his special addressed aired on Malawi Broadcasting Corporation (MBC) on Wednesday, Mutharika said he considered the judgement as “serious subversion of justice, an attack on our democratic systems and an attempt to undermine the will of the people.”
Mutharika said he has instructed his legal team to appeal against the judgment and challenge it at the Malawi Supreme Court of Appeal.
Political analyst Vincent Kondowe says it is not easy to overturn unanimous decisions by Constitutional Court judges.
“And when you look at the evidence, and when you look at the magnitude of irregularities that have been expounded by the constitutional court, I don’t think an individual would have much carriage to appeal such type of a court decision.
“So, for me, I would encourage President Peter Mutharika not to appeal,” Kondowe said.
On his part, Chancellor College law lecturer Garton Kamchedzera questioned the legal ethics of Mutharika’s battalion of lawyers, saying they were supposed to guide the President.
Mutharika is also a professor of law.
But Kamchedzera said the lawyers should have a critical look at the judgement, themselves and Malawi Electoral Commission before acting in “haste.”
He accused Mutharika team of lawyers for “legal arrogance”.
The legal team for President Mutharika comprises Frank Mbeta, Samuel Tembenu, Charles Mhango, David Kanyenda and Chancy Gondwe.
Governance commentator Makhumbo Munthali told Nyasa Times that Mutharika who was party to the case a second respondent has a Constitutional right to appeal if not satisfied with the ruling.
“However, it will be interesting to see the areas they will be appealing against especially considering the fact that the High Court found MEC (not Mutharika) in the wrong. At the end of the day, the Supreme Court ruling would even strength the validity of High Court verdict or invalidates mindful of the fact that Supreme Court is the Court of last resort- domestically,” he said.
He nonetheless said: “ There is nothing wrong (legally) with Mutharika appealing. Let him exercise such a right. In fact, it’s part of judicial accountability.”
Malawi Congress Party (MCP) spokesperson Maurice Munthali said the appeal doesn’t worry the opposition.
“The appeal case won’t change anything as far as we are concerned,” Munthali said.
“Because we have gone through the judgment and we feel that the judges have done their work very professionally, very objectively, without any bias and any favor at all in terms of justice.”
Last May, the electoral body led by Supreme Court judge Jane Ansay declared that incumbent President Mutharika had won another term, bringing in 38.6% of the vote, followed by 35% for Malawi Congress Party (MCP) presidential hopeful Lazarus Chakwera and 20% for Mutharika’s estranged former vice president, Saulos Chilima of UTM Party.
But on Monday, a five-judge panel unanimously ruled that the integrity of the May 2019 election result was “seriously compromised,” placed blame squarely on the shoulders of the Malawi Election Commission, and determined that the announced result “cannot be trusted as a true reflection of the will of the voters.”
The court also reverted the presidency to pre-May 20 2019 elections which meant Chilima is reinstated as the country’s second command.
The highly-anticipated judicial decision came on the heels of months of popular protests, many focused on rejecting ‘Tipp-exed’ electoral results, but others aimed at demanding more respect for human rights from the police force, an end to corruption and better service delivery from government.
Mutharika, who will remain president until the new election, has up to six weeks to appeal.
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The right to appeal is a right so no problem exercising a right. However as a president you need to be careful in describing the judgement of a constitutional court as killing democracy. Let’s respect the role of judges and their rulings. If you disagree appeal to the higher court and commit yourself to abide by the supreme court’s verdict. To disrespect the courts is the beginning of lawlessness.
There is no case,Issues raised by Jane only looked at 1/3rd of the overall case when supreme court assess it or not it minor the major issues were irragularities let make justify that there was no any irragularity in discharging there duties.Please DPP won the election and there is nothing that ca stop them from winning.Mr President tiachititse manyazi otsutsawa.Tikavoteso basi ovotawo ndife…………Ndalama tisasupe court please.AMEC atiputsitsa
To be honest, it is only the will of the Lomwes that has been undermined here. Furthermore, it is only the death of DPP that has been inaugurated,tikuyiwona DPP kuyamba kutha ngati makani momwe yinathela AFORD and the once mighty UDF.
History has been written how DPP legal team got floured to the ground right from day one of this case through the preliminaries up to the final judgement. Our memories are still fresh about the way Mbeta wasted courts time on professional qualifications of IT guru Suleiman, how Honourable Ben Phiris, Alfandika and Munkhondya testimonies helped to strengthen the Petitioners evidences about irregularities and illegalities. This appeal only tells Malawians how Lomwelized and compromised Jane Ansah has been as MEC Chair.To Jane Ansah, Peter Muthalika is everything and for that reason “ava pain until death”
Politics should spare us now
There’s no mixed feelings here. 99.9% of Malawians agree with the court ruling. These pumbwas thought they would buy judgement and it didn’t work. I thought they were at the forefront saying we should honor the court ruling? So what happened? Just because it didn’t go their way? # Alamupumanimwakalamba
I should start like this,Mr Peter Munthalika is a professor of law ok,but why can he not understand what the constitution court said. The judgement was against the Malawi Electoral Commission for failing to conduct the 21st May general election in professional way.Now am convinced that Munthalika did something to the MEC guys to handle the election process the way they did.If DPP paid some money to twist or change the real results,then he might see it as a double loss why? It’s becoz they paid to win not to lose,which happened and now the courts annulled their win which means they
have lost both money and election. The next election in 5 months time, they can’t win 50+1 system it’s not easy for them.What is better for them now is to put a stay order.So that they can continue to destroy our country.You win some you lose some. Go ahead and appeal and we will again wait for the supreme court judgement.We will keep praying that you lose this one too. Believe me Mr Munthalika you will not win this one again. Even if you use corruption and bribes u will be arrested like Thomas Mpinganjira.
true wise words
Fruits fall from a tree when they are ripe; but when a hurricane come, whether ripe or not it has to fall-African Proverb
The storm is over let us move on or we will be on move over the storm. My president know that nothing last forever and as a statesman and abreast with law and order take heed of the time or else history will repeat itself.
Is he trying to remind us that he is a Law Professor, Mr. Know-it-all. Dzuwa lafika 4pm bwana; time to start off for home.
Mutharika bow out.
to avoid embarrassment.
msg from Kampala Uganda.
Mutharika bow out,to avoid embarassement .
from Uganda.
awa asativute ayamba kutupa ndiukalamba
M M, Mutharika wafuna yekha kupanga appeal pomwe court found no fault with him but MEC, koma greed and anger with the ruling. Akuopa 50 + 1. Wopanga appeal wadzithanda, amalimba nazo yekha!
Kodi mukamati akuopa 50+ ndi ndani yemwe sakuopa. Why is it that MCP wants an aliance? Its because without that they cannot reach the 50+ . Noanso ali ndi mantha. So do not be partial. If MCP is not afraid let it go alone to the polls and UTM too let it go alone.
Mr think twice there is nothing to table at Parliament concerning 50%+1 because it was there already but was wrongly interpreted. You can Google what MAJORITY means then come with the answer. Am waiting
APM has my support on this move. The concourt ventured into matters outside its mandate. And also failed to convince
You have shown that you dont know Law and Kamchenzera knows issues of law better. Being a law professor in USA does not mean to Underrate Malawi’s Professors. Just wait and see it for yourself.Supreme Court Judges cannot all be bought like goats like what he did with the 5 Judges. You could see it yourself that the 5 Judges were too strong and may God grant them Peace.
Kulira agogo kulira. Absolutely no chance, kungozipangitsa manyazi further.
Bwana Burton Mhango paja ndipachale ndi Charles Mhango kapena Jappie Mhango? Just asking for a friend.
Younger brother to Charles Mhango
He is a young brother of Charles Mhango waleledwa ndikuphunzitsidwanso ndi Charles yemweyo
Kodi kutamba kwambiri? Tipex ndidziko liti munaona zisankho ngati zimenezi amalawi ochepa opusa inuuuuu….Kapena mumaona ngati munagula dzikoli kuti ndi DPP?? Cant you see your time is up????????? KOMADI MUNTHU UKAMAFA MAKUTU AMATSEKEKA.Go to hello DPP
These LAWYERS are just milking the Old man.Even APM himself he needs to think since he is a Lawyer.It is a shameful thing to see educated people acting in away like they have never been at school
osamuwuza please amudyere achina Mbeta. This is our Tax payers money
Expired professor of Law, with a bunch of useless cash cowing legal team. Just a waste of public resources
The first respondent was not found to have done anything wrong, why did the court order that mutharika foot his own legal costs? Mutharika was added to the case by the courts, then found to have done no wrong, and ordered to pay his legal fees while the other parties’ legal fees will be paid by MEC/govt. That’s explicitly anti dpp ruling. That’s not justice. That is a conspiracy
Zimayeneka kutelo akaluza mlandu amapeleka kumene ndiye palibepo khani apa apeleke kumene basi full stop.
Let us hear from the supreme court. the high court ruling seems unbalanced. talk in the streets is that some mighty persons intimidated the constitutional court. to the extent that they focused on procedures and completely ignored the impact on the actual candidate votes
Kodi paja amaweluza mchizungu, ndiye simunamve? Their verdict based on quantitatively and qualitatively. They based on figures and information. They also did an example algebricaly. They have figures in the full judgement. School ndiyofunika kkkkk
@Mathanyula
Osaiwala ma Khadeti wa ndima primary school dropouts, ndiye chizungu chaku court mmmmmm sangachimve ataaaaa! Atayeni makape!
Totally agree with you, seems anthu enadi wavuta ndi ubulutu, they don’t understand the words ‘widespread, systematic and grave irregularities’. Anthuwa anabela, and dpp was beneficially wamkulu, so mukamati dpp sanaipeze yolakwa what do you mean?
ndikuziwa kuti ndiwe chitsilu komabe ndingofuna ndikuze kuti ndi ulemu chabe kusamuchotsa nyapapi peter wanuyu chifukwa ngati MEC yalephera kugwira bwino vep yake ndiyeyu wayitsokoneza ndi ndalama pozindikira kuti aluza anapereka ndalama ku MEC
HE HAD HIS TEAM OF LAWYERS GIVING IN THEIR SIDE OF STORY THATS WHY HE IS TO FOOT HIS COSTS BY HIMSELF. HAD IT BEEN THAT HE NEVER TOOK PART IN DEFENCE OF MEC , HE WOULDNT BEEN ASKED TO PAY THE COSTS BY HIMSELF.
Chizolowezi cha kholowa chinazulitsa mbatata. Our politicians are blind of the time. Outdated thinking. It will not be easy for future Malawian leaders. Malawians are now well informed people knowing what is happening around the globe. It is high time leaders are strong to appoint not only appeasement basis on political platform but also real performers. The current political challenge has macro political and economic basis affecting the social day to day life of ever learning malawians of which requires good and objective intelligence. Currently, greed underlines political position. I would site an example in the restricted tendering that would be bull dosed by politicians and later provide under service. We know all this and its negative impact to our economy. Let technocrats do their jobs professionally.
Kuzima kwa magetsi mpaka suspension magetsi ayamba lero kuthima. Msika wa ku Chiladzulu tendering yayenda bwinobwino?
Andale tisiyeni tigwire ntchito titukule dziko. Ku Lilongwe Water Board, Project deal ndi ya Diamphwi osati zakuba za Lake Malawi ndangotchula pang’ono zomwe zikumatipweteketsa mutu. Chilungamo timabisa and you wonder what legacy we are leaving for future generations.
We are informed and you stop cheating yourselves that you can keep us blind that era is gone. GONE FOR EVER.
My view of the 5 Judges is that they are disgruntled, have shallow brains, are power hungry and lost direction. Just looking at the 150 days they are instructing the country to have another election done and yet you can look at the following to be considered done:
First: Parliament must convene , discuss, and pass 50+1. Whether this will be passed or not, we all are not sure
Second: The current MEC commissioners must be dissolved and new members elected. This is another process
Third: It is a constitutional right for the losers to appeal and we all know our rotten courts how they drug in such cases. Some of us have cases which started way back in 2000 or beyond nothing has been concluded. These idiots did not tell us whether the losers are not allowed to appeal or not
Fourth: The new Commissioners once chosen, they need to have ample time to prepare adequately and ensure that all is inorder and that people can go to vote without any complaints. Now, you can imagine this work to be done by new Commissioners in office.
Five: Campaigning issues are to be considered because there will be tempers in these parties. Do you see the Presidents campaigning freely in the in their enemies territories. Most likely, there will be disruptions, to some cases even stopping the process as was the case in the recent Lilongwe MP election.
Six: Finance issues versus the hunger that we have in Malawi. Are we clever enough to prioritize funding election and leave people dyeing of hunger
So, what is your final say?
What is at stake as a nation far outweighs your concerns.
Time frame should even have been lower, say within three months.
I agree with Mutgarika he must appeal that was a Msundwe judgement
Our judges are superb they have shown the whole universe that they are really men of justice even their blood is full of justice.Only the embecile and the wicked choose to be blind….Bravo Malawi Judges.You are the supper 5
Boy, democracy is expensive! In this case it’s also a test of efficiency of our systems, including the three branches of government. MEC is the one to blame for messing up the elections.
iwe pumbwa iwe.Parliament has not been ordered to pass 50+1 bcoz 50+1 is already in the constitution where it says a president shall be elected based on Majority.The court has just ordered parliament to make reforms to the PPEA(presidential and parliamentary Act) so that it is in line with the constitution,in other words the act should meet requirements of 50+1 that is already in the constitution.The constitution is supreme so the other laws should follow it,Malawi as a country we have been using PPEA fro chosing a president which contradicted the constitution and now is the time to reconcile the two.The current PPEA uses the fact that one with more votes is the winner and that’s pruralism approach whilst the constitution talks of Majority Votes which is 50+1.
Do not talk of self esteemed hunger. The hunger that we choose to be hungry as a nation. Mind also, we do not collect all the required tax in Malawi as most politically connected business tycoon evade tax .We can collect double. People lose jobs at MRA, when they want to collect from these people .So issue about money for elections and hunger no big deal. We have been hungry and we will be hungry ,we are stupid as a nation on hunger. Love people first the hunger will end.Do not be rhetoric.
@ Think Twice
As per your name pliz “THINK TWICE”
In fact a team of Lawyers Mutharika has is extremely useless. A wrong choice for a batch of failures, the likes of Chilumpha.
Akapanda kumaga nyumba Yehova….oimanga aimanga chabe