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

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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Observer
Observer
9 months ago

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… Read more »

Kandulu
Kandulu
9 months ago
Reply to  Observer

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.

chaiwone wawo
9 months ago
Reply to  Observer

cadet wamva kuwawa

Jamax
Jamax
9 months ago

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… Read more »

Malawi belong to the citizens
Reply to  Jamax

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… Read more »

Jamax
Jamax
9 months ago

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… Read more »

President Chisokonezo
President Chisokonezo
9 months ago

Mayo ma cadet nyekhweee

Kandulu
Kandulu
9 months ago

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.

Ndikhetsamwazi Chakwera

The game of chess in not over until the king falls. Game on. DPP ndi UDF ndimitunda ina, kuchitekwete, kuchikweza. Nyekhwe muyiziwa.

Omex70
Omex70
9 months ago

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

Opportunist
Opportunist
9 months ago

Thanks supreme judges for continuing saving this country

Mangochi Kabwafu
Mangochi Kabwafu
9 months ago

Mwadzuka bwanji gogo PROFESSOR, THE INTERNATIONAL LAW EXPERT?

Gamalieli
Gamalieli
9 months ago

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

Mwini muzi.
Mwini muzi.
9 months ago

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.

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