Nyekhwe! Malawi Supreme Court dismisses MEC, Mutharika appeal: Fresh elections on

May 8, 2020 Wongani Chiuta - Nyasa Times 113 Comments

The Supreme Court of Appeal has delivered its judgement on an appeal by President Peter Mutharika and the Malawi Electoral Commission (MEC) on the disputed May 2019 presidential elections by dismissing them entirely and  upholding the decision by the constitutional court that annulled last year’s controversial election, which saw Mutharika narrowly re-elected.

Malawi Supreme Court  panel of judges  included Chief Justice Andrew Nyirenda, Justice Rezine Mzikamanda, Justice Edward Twea, Justice Anaclet Chipeta, Justice Lovemore Chikopa, Justice Frank Edgar Kapanda and Justice Anthony Kamanga
Vice President Saulos Chilima and Malawi Congress Party (MCP) presidential candidate Lazarus Chakwera who asked the court to nullify presidential election sit on the bench outside Supreme Court on adjournment of the judgement delivery

Chief Justice Andrew Nyirenda said it was a “unanimous decision” of the seven-member judges’ panel of Justice of Appeal (JA) including Lovemore Chikopa, JAs Edward Twea, Anaclet Chipeta, Anthony Kamanga, Frank Kapanda and Rezine Mzikamanda.

The Supreme Court has ordered a new presidential elections should proceed as ordered by the ConCourt but using the 2019 voters roll.

And only presidential elections who competed in 2019 are eligible to compete in the rerun.

“Elections defines lifeline and roadmap of the society,” said the Chief Justice reading a judgement which he said might carry some typos and errors but will be perfected later.

“We should therefore avoid at any cost ushering leadership through the process that is fraud because chances are that such a process will not reflect the will of the people,” he said.

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

The country’s estranged Vice-President Saulos Chilima—who contested the May 21 presidential race on a UTM Party ticket— and Malawi Congress Party (MCP) president Lazarus Chakwera had challenged the presidential election results and the Constitutional Court granted them their wish.

ConCourt also ordered fresh elections which the Supreme Court of Appeal has also upheld.

The Supreme Court has also upheld the decision of the lower court which reverted the presidency—including the Office of the Vice-President—to the May 2014 election status of Mutharika as President and Chilima as Vice-President.

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

He said the ruling as a “serious miscarriage of justice” and an “attack on the foundations of the country’s democracy”.

Mutharika also refused assent to the proposed electoral law amendments, notably one that requires a more than 50 percent majority to secure a win.

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113 replies on “Nyekhwe! Malawi Supreme Court dismisses MEC, Mutharika appeal: Fresh elections on”

  1. It’s a big shame for the supreme courts really. How can we be pretending that we have spent 26 years in a democratic leadership yet 16years were spent with “unduly elected” presidents? Is something adding up here!!!? Were the presidents sworn in by themselves or chief justices? There’s no such evidence (even in the constitution) that suggests that a majority of voters at a polling station means 50+1 as it has always been. As if that’s not enough, facts about the Chakwamba case were twisted to make “ridiculous” assumptions. You have tried all you could do but rest assured truth comes out with time. The opinion of one of the Judges indicated that the ConCourt made a directive which is unconstitutional just to put Chilima back to vice presidency. And the courts have been very silent to make a reasonable or demonstrative indication on how the elections were quantitatively affected. The general rule of thumb by all cases cited pin points on the numbers but you pulled all that away to favour the opposition. You went further to put a nearly 100% Standard for conducting an election by MEC something which will lead to more failures in future. No good Judgement at all!!!

    1. As I have said before, if you are not happy with the ruling, don’t attack the judges, call for a referendum on the 50 plus 1 interpretation and see if you are going to win. No need to attack the judiciary at all. Take your issue to the true owners of Malawi, the Malawians themselves. Otherwise accept defeat and quickly plan your exit.

  2. Yes!!! am around speaking and writing round and clear – yes you may celebrate the Supreme Court ruling but not all is done untill it is done on the 02nd of July 2020 when the ballot papers will be cast. For you to win you need to cast your vote and I need to cast my and the good thing is that we are all in Malawi and we shall alll be affected with what will hapen to this country. God is the final decider not the these so callled judges they are also human beings and they are failures and biased. Whatever happens you should not hate me nor should I hate you – God has good plans for us all only that we have different choices and perceptions and that is life. I hate MCP from the word Go!!!! and I have no mercy at all I saw it’s brutality with my naked eyes – Chilima could have been my candidate but he has shown his immatulity politicallly and has no strong leadership skills you will prove this to me if at all he goes unto power – the two Chakwera and Chilima do not hold water soon they willl separate because they are all fighting for power too greedy and this can not last long. Their destiny is disastrous/hell.

    1. Why can’t you read the signs of DDP downfall? Ask Munthalika to fire MEC commissioners the only hope for your party.Even when Israelites were getting out of Egypt there were signs that God Almighty displayed to the people of Israel and the to the Egyptians.To the Egyptians it was some punishments though.Egyptians did not believe that Israelites will go one day until one day God performed his big and painful thing to the Egyptians,the deaths of every first born child of Egyptians.The king told Moses take the Israelites out.Nde DPP ndi kachiyanoso.Muliradi ma cadets, tippex yense uja u still not believe that it was wrong to use tippex on election results.

      1. Open up your spiritual eyes and see, what you are seeing is pure physical battle but there’s that invisible spiritual battle that is happening – the battle is not ours it is for the Lord because he is the one he appoints and annoints Leaders by the end of the day – no one can unfix what the lord has fixed, when the hand of the lords points to somebody no one can change it. The Lord Yahweh reigns he does not go by the what people say nor by our minds, nor by our thinking, nor by our decisions and to him it does not matter as to who is heading the alliances in this battle. Listen my friend God already chose the President of this country long time ago and soon he is going to reveal him soon. Please don’t conclude because you are blind – kkkk it’s not by power or mighty but by my spirit says the Lord….. just wait in prayers and see what happens next.

  4. Anyone educated enough knows very well that APM can still change the ruling through referendum or parliament. The problem is that he will still lose the referendum or in the parliament. So the only way is to accept defeat and bow down humbly. God is not on APM’s side and time too is against him.

  6. Waiting for Jamax’s comment here. He is a big cadet who has been putting much effort to defend his party.

  9. Sasi if you are ignorant don’t comment on constitutional matters. Court orders do not need 2thirds. Have you seen MEC looking for 2thirds when the Concourt ordered for fresh elections within 150days? Ignorance ignorance at it’s best

  10. It was obvious that judgement would remain the same. Though alliances are raising hopes of winning on main both parties, chances remain 50/50 going by regional based politics.

  11. TINAKUUZANI MAKADETI KUTI OSABAKILA ZOIPA THE 2019 ELECTION MANAGEMENT WAS LAGHABLE AND CHILDISH

  13. Passing judgement is not an easy thing. I had a chance to listen to the whole judgement. May be because I am not a lawyer, MEC messed up the elections and yet the MPs were not affected. The Gwanda 1999 Majority interpretation has changed now. I am sure no one can question the supreme court because its decision is final. And from the judgement it will be not easy to have a credible election without some irregularities. Please Jane Ansah this is the time to resign. I wish one of the judges should take charge of the re-run election.

  14. Preconceived judgement. We saw it coming. But still APM will carry the day. If APM was wise he should have appointed one of the judges to run the elections so that they should have a feel on how to run elections

  15. Mpatcheni maji ndimwe nitsakomoke ineeeeeeeh in case I would not able to rise again kkkkkkkkk @ nyekwelization dot com wayaluka pitala Na Jane Ansah MEC . Kodi English yake ija Amati chani after chani chani will see her shoulders and say well done Jane mayemu hiiiiiih Koma kuyaluka sikuposa apa shaaaah. Muvotesabe a MEC Na Jane Ansah DPP?

  16. One thing is for sure, it is over for APM. Sadly so. And many DPP folks should prepare for the worst.

  19. The creation of a constitutional crisis – supreme court interpretation does not tally with constitution.

    5. zangokuvutani. inu ndi ndani oti munene supreme court interpretation does not tally with constitution..ndinu judge oposa supreme court?.

    6. You fail to read the Constituion and you complain. Supreme Court has not changed the Constituion they have only interrupted it.
      Majority means 50% plus 1 when it deals with Presidential Elections they have made no mention to MP’s or Councillors who can maintain first past the post majority.
      The reason The Supreme Court sided with the Constituional Court was that the President represents the whole country not a district or region.
      We are one nation, one people, we are Malawian not just a tribe in the South, Central or North.

      Get on board support your COUNTRY start today to be MALAWIAN

    9. Sinanga mumatozitengera chibwana…You have Destroyed National Unity ,Destroyed the Police….Ndie pano you want to take Us all Down with you …Ngati zomwe mumatobazo timadya nao …When time is Up …It’s better to Exit Gracefully like HKB what a Gentleman he was ,Old but Wise.Was it because apart from Medicine he also read Philosophy and History ? Or was it because he was not Surrounded by CROOKs ?

  20. There is no 2/3 majority to change constitution so these incompetent judges will be shamed in the end.

    2. You are very right my friend. With DPP MPs and UDF MPs… the opposition has less numbers koma tiziona chaka chino…… constitution crisis ndiye imeneyi.

    3. Well the judges were looked into what was presented to them, did you saw what MEC and Muntharika to court? If not then you don’t know what you talking about seems you lack ideas same as Muntharika and MEC Zero pa 10

    5. You are are the one that have been ashamed. No new voter registration, 50+1 is nuclear bomb to your camp. Mthalika is the most foolish president I have ever seen. A layer by profession a for by character ter

  21. Zero(0) pa hundred thirty-two(132)! Clueless Mutharika and team (DPP) should go lick a socket–commit mass suicide!!!!

  22. Osadanda. There is one more avenue to bring this issue. Ife a Boma ndi a MEC tikapanga appeal ku BWALO LA NJOVU.

  23. Moses has risen from the died to rescue malawians. Let it be so that next will learn a lesson, peter, jane and their fellow corrupt masters will test their own medicine mark my words and even their children’s will pay for their sins.

      4. We live in a Global village. There is no way one can escape the wrath of paying for the cruelty that the Family has done to nation. You cannot spend 50 Million Kwacha of Tax Payers Money on a graduation ceremony of a child yet millions of Malawians are starving to death. This is insane. No person in rightful mind and humane could dare do such a wicked thing.

  24. Kkkkkkkk. Inu a Acapulco ndi a Banda ndinu anthu osowa nzeru modabwitsa. Kodi mukudziwa ndi abwana Mutharika ndi amene anakapereka nkhaniyi ku Supreme Court? Sindiye kuti anayikhulupilira kuti kumeneku ndi kumene kuli chilungamo? Ndiyetu chilungamo ndi chimene chatulukachi kkkkkkk. Law Professor uyooooooo!

  26. Koma Malawi anakonza. Mukumva bwanji mthupi agogo international law expert ku sanjikako?

  28. Glory to God Almighty, who is very opulent, righteous and just, as l attest that no evil planned against His children shall prospers.

    We have seen the working hand of our God Almighty. Even them satanic and evil forces cannot comprehend or ‘ digest and swallow’ what has just happened.

    This is remarkably and truly the work of the Holy One of Israel. He (God) is taking His children out of Egypt and into Israel, and has miraculously helped them cross the Red Sea.

    I can see the chariots of Pharaoh’s solders sinking (literally).

    Bravo to the Supreme Court Judges, and this is my message, Thank you ever so much for being honest, uncorrupt and impartial.

    May God profusely bless you all, and that He blesses our beloved country Malawi.

    To Dr. Chakwera and Dr. Chilima, thank you for your breakfast prayers you recently had, in addition to all the great fight for justice you are and have been undertaking together with all the sane masses, who truly believe in justice for all.

    Malawi, which has been on a verge of collapsing and has been subjected to numerous facets of poverty and dilapidation, will soon stand strong again, with true prosperity, peace and unity, once the rogue and decadent incumbent President gets ‘removed and disposed of’ by the same working hand of God Almighty.

    Ooh Yes, Freedom is coming tomorrow, and we ought to get ready for the day of our ’emancipation’ from subjugation and lamentable corruption to say the least.

    Viva Malawi Viva !

      1. Amen Mangochi kabwafu, this is what we all wanted right? Now what need to do, is now to safe guard our votes this time by the power of Holy Spirit and in the mighty name of Jesus! Zikutheka!

  30. Ansah and Kaphale have received a stinging rebuke from their fellow lawyers. I don’t think they will have a good night’s sleep tonight. Their reputations are forever ruined. This is an important lesson to everyone holding a public office, especially a constitutional one to ALWAYS remember that you hold that office at the pleasure of ALL Malawians, not just the appointing authority. It is shameful for people like Ansah and her commissioners, Kaphale, Mwapasa, Itaye, PS’s, parastatal heads to behave like they are DPP cadets. This will be a lasting lesson for everyone. Viva democracy, Viva Malawi!

  35. This incompetent judgement will either lead to constitutional crisis or APM as president and Chilima as VP until 2024.

  36. This judiciary is corrupt, why are they afraid of calling for tripartite elections? Mutharika should dissolve parliament and call for fresh tripartite elections. Awa a court adya zambiri kobasi za mafia uja amakhala ku South

    1. That’s true. The result will be constitutional crisis and the destruction of our country. There is a mafia group linked to the courts. How can they not annul the parliamentary and local government elections. It does not make any sense.

    2. Moni kwa inu a Cadet. Timasangalala kumva kwa inu. Kulira kwanu kumatipatsa chikondwelero.

    3. Pweeeeee! Utsegula mmimba,ndipo siunati, ndiye paja Amai Anu anati apanga resign after this right? Tell her to leave the Office

    4. There is no basis for this argument. Sew them if they are corrupt. Why did you not report them to ACB. Are you telling us that the DPP and MEC are the wisest people in Malawi? Appeal again to Geneva. Full stop. Wodzikweza Mulungu adzamutsitsa

    5. The court is simply dealing with a case at hand, that is the dispute for the presidential elections, nothing to add here, there is no dispute about parliamentary elections, we are tired of tribal leadership, dynasty leadership, for your information, Mutharika and Muluzi dynasty has ruled Malawi for 23 yrs combined, yet they ruled as unduly elected, infact they didnt deserve to rule our country based on 50+1 majority rule interpretation by supreme court today , this has really killed our democracy by having Mafia leadership at state-house, the end of DPP

      1. Is the new voter registration programme in their circle as well? How come did they go through something that wasn’t in their context? Umagamula mlandu oti mwini sanadandaule? They’re biased

    6. Cadet brains full of unfounded mafia conspiracies…once they lose a case it’s all about the judges and corruption! Vuto lomaona kuti chilichonse ukhoza ku disha ndi limeneli. Mumadisha ma contracts and corruptly award each other positions in government. DPP stinks big time

  37. I 100 percent salute judiciary. Andrew Nyirenda and your team, I salute you. You have redeemed the country from chaos. Let us now hear the true news of Covid 19. Many issues were riding on its back. Am not undermining covid. It is real. But the exaggeration was too suspicious. Pano mamuna adziwike by 50+1

  38. First of all, Jane Ansah must resign immediately no more excuses……and she should not be paid a single tambala for her retirement.
    Am also hearing that she has declared the the MEC has a K8 billion deficit….this has to be investigated and we need to hear from her why she thought it was of paramount importance to hire foreign lawyers when MEC was already struggling financially.

    Secondly we need the Supreme Court to apologise to Gwanda Chakwamba and MCP at large for a miscarriage of justice…….it’s a shame that Gwanda passed away without knowing that he was right in challenging the majority electoral rule of first past the post.

    Thirdly all current MEC commissioners must go forth with, their incompetence and corruption has costed our country so dearly, we are running a second election the money of which could have been used to develop our country.

    Lastly I would like to propose that Martha Chizuma the ombudsman should manage the July elections…..

    Ndatha one yanu Mbonga.

      1. Malawi walero,
        its you cadet that didnt understand what he wrote here, i know you have funeral at state house everyday but polani moto

    3. There are savings from the curtailed registration exercise to cover the MK 8 bilion shortfall.

    4. @Matoga, all what you have said in your comment is what a very Malawian who loves his or her country could say, this what we call patriotic! Taking you Country with senses, believe in your Country, feeling good with your home, enjoying the Power of your home, I would say many more things, but hey good jobs, Marth Chizuma can do, she is well Organized, hard worker. I think your mention of her, there is something good about her coming on its way, believe me.

  40. MEC commissioners and jeni answer will only resign from their position once the supreme court passes its judgement. Ndiye lero mutinji? You will re-appeal ku Geneva tsopano. Professor of Law, any comment? Kalilani, Dausi, Zomba Chisi, what have you to say?

    1. The way I see things my friend, it looks like nothing is impossible! Ukuona bwanji iwe nzanga? @Kika

    3. No voting …when the Supreme says it….it is automatic….fwe fwe kulibenso..the Supreme Court is LAW….

  42. Another judgement from corrupt and incompetent judges. If tippex was an irregularity, why didn’t the court quash the parliamentary and presidential poll results.

    1. You are very stupid. You don’t what you are saying. If you don’t have anything to say just remain quiet. Go to your bed room and cry. We don’t want to see your tears here. The appeal court was dealing with an issue that was brought before them. If you want appeal again against the rulling

      1. Inunso Angozo mulibe nzeru…..Nde how come akukamba za no new candidates and no new registration of voters like that was the case that was brought on their table? Kupepela

    2. UMBULI UKUPHANI NDITHU……Tiyeni dikirani pompo mpaka tikavote…..mukhala choncho…. kkk

    3. Dude.thats why you support dpp.you have no idea on what is going on and they use people like you because you are dull

  43. What the opposition parties are forgetting is, it is very easy for apm to get 50+1

    1. Kkkkkk bodza limenelo bambo
      Sakanapita ku supreme court apa pafunika tipanga campaign kawawa kuti tiwine

    3. We are not worried of him to get 50+1 what wanted is the truth period! Let’s not argue who is going to o get 50+1 because you don’t know so as i. Mukunva bwanji lero?@Sydney

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