Ras Chikomeni has no case on Malawi’s electoral laws — Attorney General

Attorney General Kalekeni Kaphale has  asked High Court in Blantyre  not to grant  an injunction  against  Malawi Electoral Commission (MEC) in a matter rejected presidential candidate Ras David Chikomeni Chirwa is pursuing, saying he does not have a case.

Ras Chikomeni: Seeks redress

Chikomeni Chirwa  with assistance of lawyers hired by Centre for Human Rights Education, Advice and Assistance (Chreaa) is seeking redress in  the High Court after MEC  declined to accept his  nomination papers on grounds he had not paid the K2 million fees and also failed to solicit 10 signatories from each district, as per set requirements. He only managed from nine districts.

Chreaa lawyers Chikondi Chijozi, Mawuya Msuku and Oscar Taulo submitted to court that the K2 million nomination fee MEC is too exorbitant for most Malawians and it means that only people who are rich can contest for the presidency.

They argued that the fee infringes on Chikomeni’s right to participate in the electoral process.

The lawyers also submitted that MEC  should extend time for the aspirant to obtain the required 10 signatures in all the districts.

But in his submission, Attorney General representing MEC,  said Ras Chikomeni had enough time to mobilise the signatures from the time MEC prescribed their conditions in July last year.

Kaphale pointed out that there are some independent candidates that met the required conditions despite having no political party structures, hence, Chikomeni has no basis for an independent candidate to organise the same.

Presiding judge Jack N’riva said he will  deliver his ruling  in the case on Monday at 3pm but  has referred the issue of obtaining 10 signatures to the Chief Justice, saying it was a  constitutional matter to be handled by a panel of three judges.

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SONG OF THE DRUNKARD
SONG OF THE DRUNKARD
5 years ago

PLEASE DON’T WORST OUR
TIME/ENERGY /RESOURCES ON PETTY ISSUES —

Truth pains
Truth pains
5 years ago

So chreah you want anybody just to rise up and say I William be President. Do you know that preparing for elections is tax payers money in other words our money? So you want our money just to be wasted by anybody though they know that they cannot win? Every right has a corresponding responsibility. Let chikomeni exercise his rights responsibly
. He should know that wasting tax payers money is a violation of other peoples rights

HON Chimulirenji
HON Chimulirenji
5 years ago

Chikomen will bring Jamaica to Malawi

moses
moses
5 years ago

inu a CHREAA, kaya mumati KOREA kaya! i think The issues you assisted the nation about VACAB kaya ndi Vagabond, the whole nation saluted you, that was commendable. But about this Ras on Presidential candidacy, may you go back and redo your assignment, its “Nyesesi!”.
And you are tarnishing your image too. This is not a platform for training your neonate lawyers, But its an issue of national interest which also portray a Picture to outside countries.
Rubbish! To hell with your Ras!

President Mkango Lion Manthakanjenjemereza
President Mkango Lion Manthakanjenjemereza
5 years ago

He should be arrested for waisting MECs time

Nthowa Iwemi
5 years ago

Chreaa, out of the many issues Malawi is suffering, you have chosen to spend your money pursuing Ras Chikomeni case. In the first place, why didn’t you just pay the fees for Ras Chikomeni? secondly, on the position of Presidency, they are the people who ask you to represent them and not you to think I will be president without people supporting you. Why didn’t the supporters pay for their candidate? If Ras had no signatures of other districts, how did he expect to rule the whole Malawi without some quarters supporting him. Chreaa, you are not famous and many… Read more »

Strategist's view
Strategist's view
5 years ago
Reply to  Nthowa Iwemi

Chreaa does not pay for candidates electoral fees, can’t you understand the basic goal is to advance rights issue? Is it that hard for you? It may not be a right you feel you are deprived of, but others including Ras, are denied of some rights and they have a constitutional right to seek redress. Much as Im not aware if one or two people asked Ras to represent them, You don’t always wait for people to ask you. In democracy,at least, everyone can offer themselves to people for leadership and people make decisions. Grab any good socio studies book… Read more »

Chikomeni
Chikomeni
5 years ago

I support u brother. One day u will need CHREAA to assist. They have represented Malawiana in Vakabu case that u and me are enjoying.

git
git
5 years ago

man.nothing is for free.let him meet all requirements as othes did.

Nyasa Dé Malawi
5 years ago

Very true.. mbuli zimangosusa zili zonse and they don’t even know kuti dziko liyenela kuyenda bwanji. And it’s so pathetic kuti amalawi ambiri mawufulu anu simuwasata bwino and this is why anthu olemela amakupusisani.. wake up Malawi

Ndadabwa
Ndadabwa
5 years ago

Centre for Human Rights Education, Advice and Assistance (Chreaa) Is misleading this guy by pursuing a case that is clear the aspirants error for not meeting the requirements. It’s the same as a student at school,college or university if you can’t pay school fees etc you will be expelled simple and straightforward. So for Centre for Human Rights Education, Advice and Assistance (Chreaa) to give this guy false hopes it’s a joke in the poor guy and only exposes this Cheaa as attention seekers. Shame on you

Guest
Guest
5 years ago
Reply to  Ndadabwa

Not that simple. Matters of rights should not be based on whether you are rich or poor. It is not right to fail to gain an education just because you cannot pay school fees. The same should be for elections.

Strategist's view
Strategist's view
5 years ago
Reply to  Ndadabwa

Chreaa is not necessarily giving any hopes, and Ras himself might not have hope of winning,but they are advancing an agenda for the marginalized section and this is a very effective means. Laws/regulations have to be realistically achievable by all citizens unless there’s a clear guideline that conditions for presidential aspiration should be defined in the poor-rich brackets. They must be custom and be clear who they are meant for. MEC issues (electoral) participation is meant to be for every one, regardless of financial muscle, but within, there’s a clause, which is for good will if the country but contravening… Read more »

Ndadabwa
Ndadabwa
5 years ago

Running a country it’s not as easy as openening a Facebook account. You have missed the point. Human rights does not mean your child should become an Accountant not because they are educated but because they are human beings! What type of reasoning is that. The institution is misleading this person whom I don’t know what he feels can just wake up and decide to stand for presidential position without meeting the requirements. Human rights have limits.

Strategist's view
Strategist's view
5 years ago
Reply to  Ndadabwa

Ndadabwa, my apologies for my uncivilized attacks in my earlier comments. Sorry man/lady. I hope I will be able to articulate my view better hereunder. You are right in some context and I agree that we currently have a lot of pressing issues around us. But just for a moment, hear this. True, human rights have limits and currently, his rights are being limited. That is the whole reason y he and his team are seeking redress, a plea to the courts to extend or ease those limits. It is the right thing to do, just as the courts themselves… Read more »

Musa
Musa
5 years ago
Reply to  Ndadabwa

I salute Chreaa for coming forward to stand for Ras. They’re many of us who think we can be leaders just like that, because we have the ambitions. We know the obvious ruling of this case and that ruling will help the rest of us know that, although we may have the right, we need to have the relevant qualifications and requirements.
Once again, well done for spending your money on educating us.

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