The Malawi Supreme Court of Appeal has upheld the constitutional court determination that President Peter Mutharika was not duly elected in the May 21 2019 elections, has ordered that there be no new registered voters and no new presidential candidates.
The Supreme Court of Appeal has also reluctantly upheld the ConCourt ruling on 150 days to hold fresh election which is slated for July 2, saying the law provides 60 days for by-elections.
“We would have made a different determination. However, we will uphold the Court decision below,” said Justice Frank Kapanda reading a ruling by a panel of seven judges who made a “unanimous decision.”
The court said electoral disputes must be addressed “expeditiously.”
The Supreme Court of Appeal also ordered that the same voters roll used in 2019 elections should be used to vote in the new polls, meaning no new voter registration exercise.
“The law does not envisage new registration of voters in a by-election as they were not wronged in the first place,” ruled the courts.
The justices of appeal also ordered that there shall be no new entrants for the presidential race.
“There shall be no new candidates for fresh elections but only those who took part in the 21 May 2019,”
Malawi Electoral Commission (MEC) has since received nomination papers from Malawi Congress Party (MCP) president Lazarus Chakwera leading a nine-party Tonse Alliance, Mbakuwaku Movement for Development president Peter Kuwani and Democratic Progressive Party (DPP) candidate Peter Mutharika.
They all contested in the 2019 elections and there is no new entrant.
The torchbearers have also picked running mates who were also in the presidential race in the annulled vote.
The wording of the Supreme Court ‘s judge met says “candidates” that means all presidential candidates – who contested in 2019 – are at liberty to take party or withdraw from this rerun while at the same time they can also change their mind on choice of running mateor form electoral alliance at will.
Therefore, alliances of the parties and those that have since presented their nominations will not be affected at all.Follow and Subscribe Nyasa TV :