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.
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.
Follow and Subscribe Nyasa TV :
PLEASE DON’T WORST OUR
TIME/ENERGY /RESOURCES ON PETTY ISSUES —
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
Chikomen will bring Jamaica to Malawi
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!
He should be arrested for waisting MECs time
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 are not aware you exist. This is one way of making yourself known.
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 and you will understand this in no time. The majority of the section of the people that Ras is representing, according to him, is poor and marginalized. Now, say again that his supporters should have paid for him.
Chreaa has a domain. Human rights, and here, we have real people feeling their Hunan rights are being deprived (obviously not you), Chreaa is doing the right thing in their domain. So you want them to shift the money to hospitals? Build schools? Buy us police uniforms? Do you understand that there are alot more players in those domains that are working or supposed to be working on those issues? Because there are.
Stop just condemning others when they are helping someone just because you feel you won’t benefit directly. Ask other players to focus on other areas where other people are struggling.
By the way, if you aren’t conversant with Chreaa and other organizations, do not assume that they aren’t famous. It might just be that you are busy with Facebook while your friends out there are busy with real world and life affairs.
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.
man.nothing is for free.let him meet all requirements as othes did.
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
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
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.
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 the core value of non-discrimination. This is challengeable and only a few brave guys have taken an opportunity to shake the system.
Its different from education fees as these are meant to be contributory to the cute running of education but for MEC, they are essentially commitment fees.
The AG, in my view, doesn’t have enough grounds (the Judge will rule in his view as well) by saying other independent aspirants managed to collect signatures. We have different sicio economic levels and it is the duty if the state to lift these levels to reasonable ones in order for all to be able to participate in governance issues like presidential ambitions, it should be a personal decision not to vie for such as expressed by hon. Chimulirenji for the most recent example.
So, today’s ruling, whether positive or negative for Ras, Chreaa and their team, it will be a great win for them towards a social-academic discourse that will impact the future of national participation by all.
Trust me, if you may, this is no joke at all but it is one of the best strategies for socio revolution
It will then be up to us, Malawians, to shape the direction of the discourse and ultimately, its outcome long after these few, seemingly jokers, have set a significant pace for us and it won’t be only for MEC issues
Peace
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.
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 approved to hear the case coz of its substance.
Others who have money, time and other resources but feel this case is gibberish did not come to support this ‘poor fella’ and possibly, they are funding other (to them) more pressing issues if at all they are.
So my point is, Chreaa is in the right place at the tight time helping the right course. I’m sure this isn’t the only case chreaa is on.
The guy, Ras, feel has a legitimate need. To force the system allow the participation of the poor whom he calls the underprivileged. I have a lot of misgivings personally about what Rastafarianism believes in, but I isolate my prejudice to look at this issue of rights and I think, convincingly, that it is a valid move.
I’m not trying to make anyone change their minds on this issue but just thought I can express my view as far as this case is concerned.
So, we can accept all the times,the limits that the laws of the land have subjected to our (human) rights, but the same laws gives us a provision that I we aren’t comfortable, with a ‘reasonably good’ argument, we can plea to the courts for consideration for reviews/ammendments. So, let’s give the guy and ‘his sympathizers and followers’ a chance to see their day without ridicule
😊
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.