Mzuzu-based Civil Society Network on Transparency and Accountability (CSNTA) and a social and governance commentator have vowed to stand with former members of Parliament (MPs) in pushing for the nullification of the May 2019 Local Government and Parliamentary Elections.
Following nullification of the presidential election by the Constitutional Court (Concourt), ex-MPs have argued that they lost the election due to Malawi Electoral Commission (MEC)’s incompetence.
Determining the matter, the ConCourt on February 3 2020 stated that the second respondent, MEC, demonstrated incompetence for failing to follow laid out legal processes for the conduct of the elections.
The ex-MPs argue that since both presidential and parliamentary polls were managed by MEC which the Concourt declared incompetent, it was fair to also nullify the parliamentary results.
They further argue that the irregularities as confirmed by the five-judge panel of the ConCourt were not exclusive to the presidential race as the process run concurrently.
Recently, 185 former MPs, applied to the High Court in Zomba to commence a case seeking nullification of the polls in agreement with the February 3, 2020, Constitutional Court determination in the Presidential Election case.
However, the court dismissed the application.
But the decision by the court to dismiss the case in its infancy has not pleased CSNTA chairperson Kinear Mlowoka and social and governance commentator Lucy Manda who feel the former MPs have got a point and still need the platform to be heard.
CSNTA chairperson Kinnear Mlowoka said in an interview with Nyasa Times on Saturday that he expected the court of law to be in a position to declare the current National Assembly as null and void in the same breath as the ConCourt did in the presidential poll.
Mlowoka said they are working on other options to bring the matter back to court for hearing.
On the other hand, the social and governance commentator, Lucy Manda, argued that her understanding is that if indeed there were irregularities in the manner and way the elections were conducted for the National Presidency, then this same manner in style was observed at Parliamentary level.
Manda says they the Court of Law to lend credence to what the ConCourt said regarding the manner in which the polls were conducted.
“But looking at the observations that the ConCourt noted, we are of the strong opinion that we shared the same fate and the presiding officers were the same and behaved the same. In this regard, it would be folly for the world to agree that it was only the presidential vote that got marred and now deserve fresh elections,” she says.
Manda further says the argument that the former MPs did not move the court then is very subordinate in this case.
“Unless we are told that the most important election is that for President and that MEC were mandated to focus on this one when the public wanted to vote for a national leader, then we shall coil like a snake that has finished moulting.
“As for now, our resolve is to see justice and this should include dismissing the current sitting as that which was brought to power at constituency level by a Micky Mouse,” she stresses.Follow and Subscribe Nyasa TV :