No date set for ruling on Malawi election appeal: Chief Justice says ‘soonest’

The Malawi Supreme Court of Appeal has heard all arguments from appellants and respondents in an appeal against a Constitutional Court judgement that overturned last year’s presidential election and Chief Justice Andrew Nyirenda said when adjourning that  the  judgement will passed at a later date.

Choef Justice Andrew Nyirenda: We will not commit to a date but we will  rule as soona s we can

President Peter Mutharika of Democratic Progressive Party  (DPP) and  Malawi Electoral Commission (MEC) are challenging the February 3 2020 judgement of the five-judge panel of the High Court of Malawi sitting as the Constitutional Court which nullified the presidential election, citing irregularities in the results management system.

The court witnessed the battle of wits with the MEC’s private practice lawyer Tamando Chokhotho and lawyers representing Mutharika, former Justice Minister Samuel Tembenu who was supported by  Frank Mbeta, on one side, against the wit of Senior Counsel Modecai Msisha lawyer for  Malawi Congress Party (MCP) president Lazarus Chakwera and Dr Chikosa Silungwe, the lead counsel for  Saulos Chilima of UTM.

The Supreme Court of Appeal bench of judges mostly watched the hearings with minimal interventions but rejected all parties to file additional documents  to support their skeleton arguments given the time frame, according to Justice Edward Twea.

After a day long hearing submissions —a panel of seven judges:  Chief Justice Andrew Nyirenda, other Justice of Appeal (JA) Edward Twea, Anaclet  Chipeta, Lovemore Chikoka, Anthony Kamanga, Frank Kapanda and Rezine Mzikamanda —are now faced with making the most momentous decision that will be a final determination.

Justice Nyirenda said judges have not yet come up with the date for the judgement, but he has assured parties that the court will do everything possible to deliver the judgement as soon as possible.

The Chief Justice commended both appellants and respondents “for coming up prepared” which helped the court to see through the proceedings.

He said: “We will ourselves adjourn the proceedings to the nearest possible future. We will not commit to a date but we realise how important these proceedings are to the welfare and well being of our nation.

“We will do everything possible to ensure that we revert in the soonest possible time. We will give it our best and therefore that we want to assure everybody that we will get back as soon as we can.”

He also thanked people who attended the proceedings in the public gallery under social distancing measures of coronavirus and the security officer for protecting all.

Nyirenda adjourned the proceedings to a date to be announced later.

Lawyers Nyasa Times spoke to, who are involved in the case, said they could not predict when judgement on the case could be expected but hoped it will indeed be as soon as possible.

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Nyusesi
10 months ago

Nobody can expect true justice from these tumbuka judges. All they know is akwithu mzuzu corner kind of law. Koma atumbuka mwatansatu uko kumakhothi.

Mask
Mask
10 months ago
Reply to  Nyusesi

Kakhalepo iwe si unapita ku school ya mlakho wa a lhomwe monseliwa panyupanu

Maunits
Maunits
10 months ago

Its unfortunate that there was one among the seven who is known as Judas Iscariot who replaced Justice Dunstan Mwaungulu who pocketed money to crucify Malawians thanks the 5 Judges for being real sons and daughter of Malawi Nation who exposed the Judas Iscariot who wanted to kill citizens of this country but the power of light concurred through the five judges and same will apply to six Supreme court of appeal Judges Darkness will be defeated soon as cited by the CJ OF Malawi to giving Malawians extra ordinary ruling meaning a ruling that will see the end of… Read more »

Muhariteniwo
Muhariteniwo
10 months ago

The truth is that all Judges whether in the Supreme Or not had at one times had gone to School but Peter Mutharika sees all of them as people who who do not know law and speak to them through the bottle. I still salute those 5 Judges who showed him and his woman red card.

Hannah
Hannah
10 months ago
Reply to  Muhariteniwo

Which school. These Tumbuka judges studied at Mzuzu Corner. APM studied in USA’s Ivy league universities and even taught there.

Mask
Mask
10 months ago
Reply to  Hannah

Monseliwa utokhalaphama jelusaremu university dziweluzeni nokha mwapitilanji kwa ambwenumbwenu wakwithu wakwanu kulije

Wa shanting
Wa shanting
10 months ago
Reply to  Hannah

Ndaonera petulo kukhalitsa kunja siku tsukuluza mmutu mwa mlomwe! 🤣🤣

nyopani
nyopani
10 months ago

nyeekhweee

Kaitano
Kaitano
10 months ago

I think with the best judges i see amongst the 7 hearing this case, nothing will be changed from what we heard from concourt. Waistage of time ndi Zibwana chabe za Jane Ansa ndi Achimwene akewo. Wait and see the Hot Ashes coming from there

Medical scheme
Medical scheme
10 months ago

Mr chief justice said his judiciary is corrupt, let’s take at his word. These evil vultures will milk everybody in fact they can collect from both appellants and respondents on the same case. Eeeee

Dddm
Dddm
10 months ago
Reply to  Medical scheme

Chisakamire

Mtondowodoka
10 months ago

Please leave nepotism out of this judgement please. This judgement sets precedents for future courts. This is Malawi’s future not just the Mzuzu And Euthini corner .Do your job to the best of you abilities and remember your Oaths under God.

I know some of you Judges read nyasatimes , am Therefore asking for fairness and justice not commanding. Please do not turn the Supreme Court into a sham like the previous boogled concourt ruling.

Nalingula
Nalingula
10 months ago
Reply to  Mtondowodoka

Koma Nyekhwe Corner….So you want them to Say there is nothing wrong in Using Tippex and you can record results on toilet tissues …..What a precedent ,Good Luck …..

Zio ine
Zio ine
10 months ago

The delay is deliberate to give an impression that they will be doing something yet Nyirenda knows that the ruling was prepared long time ago by Kasambara before even the hearing started. The appeal was waste of time because from the onset we knew what the outcome would be. The appellants are dealing with conspirators whose aim is to deal with APM and their feĺlow judge Jane Ansah because of envy and jealousy. Kapindu already talked of judicial activism.

Banda
Banda
10 months ago

K600 million for two South African Lawyers to stand in court for 1 hour to give their arguments? Serious

The Constitutional Court ran many months the South African Lawyers could not file any arguments or documents as the time had past Nor did the Appeals Court allow further submissions of documents.

ACB should seriously look into this transaction,

Lundu
Lundu
10 months ago

Tumbuka judges – corrupt and myopic.

Wa shanting
Wa shanting
10 months ago
Reply to  Lundu

Who chose them to be judges? Analinso president wachi tumbuka? Anasankhidwa ndi akum’mweratu awa musawade lero akhokhola inu!

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