Ready, steady, judgement day set for Malawi election case

The Constitutional Court is ready to deliver its landmark ruling in the presidential election nullification petition case, Nyasa Times understands the  determination will be pronounced by Monday February 3.

A panel of five judges comprising Ivy Kamanga, Dingiswayo Madise, Mike Tembo, Redson Kapindu and Healey Potani as chairperson  set to deliver their decision

The five-judge panel comprising Healey Potani, Ivy Kamanga, Dingiswayo Madise, Redson Kapindu and Mike Tembo has a deadline of February 3 to issue a ruling on the case, which sparked violent protests since last year.

High Court of Malawi and Malawi Supreme Court of Appeal registrar Agnes Patemba insisted the ruling will be within 45-days from December 20 2019 with the deadline being Monday February 3.

To ensure peace and order prevail, the Judiciary is working with the security agencies  – Malawi Police Service and Malawi Defence Force – for special arrangements on the judgement day.

Malawi Law Society (MLS)  president Burton Mhango said the society could have loved if the judgement was delivered in form of a summary rather than reading it out in its entirety.

Accredited media houses such as Times, Zodiak will broadcast live the ruling.

In the case, two of the presidential candidates in the May 21 2019 Tripartite Elections—UTM Party’s Saulos Chilima (the first petitioner) and Malawi Congress Party (MCP) candidate Lazarus Chakwera (the second petitioner)—want the court to nullify presidential election results over alleged irregularities, especially in the results management system.

Incumbent President Peter Mutharika of Democratic Progressive Party (DPP), who was declared winner of the elections, is the first respondent with Malawi Electoral Commission (MEC) as the second respondent.

Any party to the case can still appeal the Constitutional Court ruling in the Malawi Supreme Court of Appeal which will be the final arbiter in the matter.

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48 replies on “Ready, steady, judgement day set for Malawi election case”

  1. Kodi mlandu wofuna kugwila munthu amageba ndidziwe abale kkkkk nanga ofuna kupeleka ziphuphu umakhala mlandu kapena ayi kkkk tsono umboni wa milandu ngati imeneyi imakhala chani mmmmmm ma judge akadalandila chiphuphu kuti ukhale umboni ku court ngati muja adachitila jane ansah ndi ma presiding officers kupaka tippex komwe anachokela osadziwika koma zinathera washout kkkkk

  2. Meanwhile Bright Theu is representing DPP financier, Thom Mpinganjira through his firm Ritz Law. This is the firm that got that bogus warrant of arrest cancellation. This is the same Bright Theu who is representing Saulos Chilima in the election case.
    I know there’s this whole confidentiality thing with lawyers, but I wouldn’t trust a lawyer on both sides in this case.
    Chilima might have played us all

    1. Don Dada, you got it wrong. A lawyer is called to the bar to serve as a professional legal practitioner where justice is sought from either side of the political divide. In this regard, Theu is serving the interest of his client, rather a political grouping. I am not a lawyer hence no conflict of interest. What is clear is that professionals work independent of prevailing circumstances but in tandem with the profession’s Code of Conduct.

      1. Not true. Many lawyers seek money. The can change any time. I really wonder whether lawyers believe in ethics.

        1. my friend what ethics. u have client to save. infact my broither lawyers knows zisinsi za client wsake. it is up to the other party to bring evidence. that where ethics is all about. keep the secrets of ur client rather disclosing it

  3. The proposal by Malawi Law Society for a summary judgement is a bad one made in bad faith. People heard all the proceedings, listened to every witness. Judgement will be made on the same basis. So it is important that people listen to which piece of evidence was taken and which one disregarded.

    In other words, it’s the reasoning behind the decision that will help people understand the judges otherwise regardless of the decision, people will ask more questions

    1. u cant understand judgement. only few will. maybe what they are saying is to put it in simple way for us to understand in a summary that contaiins all relevant infor. just read one of past judgements read it if ucan understand anything. my view is if its read asit is. we willrely on other analysis to analysis for us to to what is the out come

    1. Galu ndiwe msambanjati sukuona ma game akuseweledwa ndi dpp ine sine wa dpp kapena mcp kaya utm or udf neither any political party but concerned Malawian and am not benefiting from any parties what am seeing is the games the dpp are playing sukudziwa chifukwa chimene pitala ali mpando wa u president ? Ndikulila ndi zimene zikumvekela mmmm udzandiuza m’bale ine si judge kuti dpp yawina mcp utm appealing lets wait msambanjati wakula watha uziona

  4. MALAWIANS WERE TAKEN THROUGH ALL THE EVIDENCE AND COURT PROCESSES IN A MOST TRANSPARENT MANNER SO SIMILARLY MALAWIANS EXPECT A FULL JUDGEMENT TO BE READ OUT IN COURT NOT A SUMMARY. MLS SEEMS TO BE A CONFUSED ORGANISATION SINCE MHANGO TOOK OVER THE PRESIDENCY.

  5. The case definitely has gone in favour of peter mutharika and the appealing is for the mcp see how these judges pretended to be innocent by saying they are some other people wanted to bribe them when one of them mpinganjira was quote as suspect see what happened til today the story ended there. Should you and i trust our judges. Anyway but an appealing will add more time to be waists but the prophecy came already about appeal waiting

  6. Someone somewhere, is just ready to have a court order stopping, the announcement of the #verdict…..until 2023

  7. inu tangowauzani anthu kuti sitipanga nullify chisankho , chisankho chinayenda bwino bwino ngakhale kunali tina ndi tina tobvuta ,anthu alimbe mtima msundwe mpingu m’bwatalika kkkkk mafana amalegeni

  8. Are you saying on Monday 3rd February or by Monday 3rd February ? Because if it is by Monday 3rd February, then we all know and there is nothing new you have said apart from the fact that the judges are ready with the judgement. .

  9. There is no case here. The crying loosers dhoukdy just start their campaign for 2024. If there will be a rerun and Mcp wins,guess what Nchilima will go to court. If Nchilima wind,Mcp will go to court.
    Mark my words …Mutharika has won the case.

    1. That’s stupid idea, and you don’t know what you are saying. Both Chilima and Chakwela want to the court to nullify the 2019 election tripartite because of some irregularities which Malawi election commission officials failed to provide the credibilities of the elections.

    2. Zatha, you better immediately go for shock counseling, as results will shock you. A. re-run is a guaranteed outcome. Get prepare for it

    3. Wayankhulatu iwe ndiamene ndikugwilizana nawe.mmalo moti ayambiletu campaign mwina azapezeko ampbungu olo 5

  10. Why Burton, why? We want the verdict in full……whether it will take five (5) hours or more, let it be……the substantiation and quotes of the Kenya Election Case and other evidence materials have to be sited…….we need this, it is historical kuti umbava wama elections uthere pano……Additionally, it MUST BE INTERPRETED IN CHEWA, TUMBUKA, KYANGONDE, LAMBYA, YAWO, LOMWE and…… (Ngoni……does Ngoni exist kkkkkk) so that every citizen of this country understand that a major election thief team (DPP) has been shamed and caught pants down in the act….

    WE NEED IT IN FULL……no summaries here!

    1. you means quoting different cases . if you followed the petitioners points in the kenyan election case, they were fundamentally different from the Malawian scenario.

    1. I agree with you bro. He just wanted to make business . Rubbish information not corresponding to the headline. He should stop thinking like a child on this serious matter

  11. Malawians are tired hence we do not want to see anyone going to the supreme court our just give us a very good judgment based on the evidence you have and then you close the chapter without giving a room of going to the supreme court.

  12. O God bless our Land of Malawi, Keep it a land of Peace,put down each and every enemy.Hunger, disease ,envy.Join together all our hearts as one,that we be free from fear.!!!

  13. Please Healey Potani and your TEAM do it fast – we want to do our businesess peacefully and we want PEACE as a NATION – we trust GOD will guide you and you will pass the final judgement using his HOLY SPIRIT and shame the DEVIL…..

      1. Palibe zauzimu why? Dont you know that Gods hand is upon this country? Jesus is reigning in this country whether one wants or not and He will clear all the mess created by corrupt leaders.

      1. Man Mache chakutichakuti you must be from Msundwe from where sons of the devil leader of Crocodile Party were coming terrorising Malawians. Anthu kusowa mtendere chifukwa cha Chakwera, Mtambo and Chilima? They will lose such a business come Monday.

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