Supreme Court orders no new registered voters, no new candidates in Malawi re-run

May 8, 2020 Wongani Chiuta - Nyasa Times 99 Comments

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.

MCP President Lazarus Chakwera and State  Vice President Saulosi Chilima captured at the Court in Lilongwe: They are eligible for fresh elections-pic by Lisa Kadango-

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.

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99 replies on “Supreme Court orders no new registered voters, no new candidates in Malawi re-run”

  1. pakati pa inu sankhani amuna 7 ol8mba mtima ndipo ife tizipemphera kuti nyumba yomangidwa pa ngodya ……..
    zikutelotu nkhani zake

  2. We are experiencing judicial dictatorship. How do they shut out others from voting. People had various reasons not to register, some were sick, others were not yet 18, others were away and the court want to deny them chance to vote leaders of their choice.

  3. Gone are the days when we had Wise Judges.This is a cooked judgement.Now I know the reason why people who did not commit any crime are languishing in prisons. Judgement yochita kuwonekelatu kuti ndiyokondela.The Judges must be ashamed for inflicting injustice when they are custodians of Justice.Only God is a Good Judge.

  4. This court rulings is entirely foolish.kkkk If no new voters, no new candidates,so on, how 50+1, alliance? Politicised! Fool us,Malawian. hahaha

  5. The court is so bias. Court is introducing new rules to allow for alliances. The same candidates with their parties were to run for fairness. That is what re run is. Same candidates same parties to ensure fairness

  7. No way I can vote for MCP. Chilima must pull out and stand on his own ticket if he wants my vote

    2. Thus gr8 u must stay with it. The reason is that, now they all have 51, takn off ur 1, it will make the other party to win with 50+1, no need to vote again.

  8. No new voters, no new candidates, but new running mates and new benchmark for winning. kikikiki, the Judges are rigging the elections. who voted for any Alliance or Mgwirizano in the past election?? Are we having fresh elections or a rerun of the same elections??? Our Judges have ordered for a crossbreed election, kikikiki.

  10. I hereby congratulate APM and JANE for appealing the concourt ruling and for not ascenting to parliament recommendationS because now the supreme court has refined the earlier ruling

  11. Gwanda Chakwamba died poor because of our court by then did not want MCP back into Government. This time Peter will die poor because of the same court. In 30 years time same will come with a different ruling on a similar case. The problem is that Judges also have a choice of their presidential candidate. They are electorates. Komabe nkhani yosangalasa palero ndi yoti ulamuliro wa DPP watha basi ngati makatani

    1. Gwanda Chakwamba & the Mgwirizano Coalition anangowakhalira ma judge. God will punish them for this injustice on the Mgwirizano Coalition.

    2. We can just conclude that, it seems MCP was winning all Elections, because if indeed it was the way how we have seen it, it means the majority according to the survey, was from Central who are the Chewas and Mang’anjas where Gwanda was coming from, that was 1999, from 1994 it was Bakili, Bakili and the rest of some of the party not all Malawians managed not winning but because Malawians wanted change, MCP had to accept to avoid fighting, this is the Spirit of Chewas and or all peace loving people including Tumbukas, they are too much fearful not that they can’t do what is right on their own but they respect ideas from other people!Every Election was having problems and the main problem was the Majority issue! We should thank these people who are so bold that they can take matters seriously like the Chilima Chakwera and many more people like Joyce Banda, am sure she knows what all the Supreme Court has done, we can talk of the Casimu Chilumpha, who is just dying with the conscious of being arrested for nothing and today he is becoming mad in every seconds. Gwanda was cheated! Come 2014 the brother said it that they rugged Election, you can see that, there is no way MCP lost any Election, I can just remind you that,the second Term of Bingu yaaaaa! that time it was massive!he won with about 60%if am not wrong because of the Chewas and the Ngoni because they were not happy with what John Tembo and Bakili Muluzi wanted to do,that is why the called him Ngwazi, that, I can say it was a very beautiful Election Malawi has ever had.

  12. “Only those their rights were violated should participate”. Apa pakufunika electral chair wamzeru

  13. Implication is that elections have to be run the exact same way as before – no nee voters, no new candidates and no new rules.

  14. That should also mean that there should be no need for the nomination fees for the candidates, right?

  15. What stupid judgement. Stepping on our rights. Some people had good reasons not to register in the first place. We have the right to register and vote and this court that has become so powerful wants to trample on our rights.

  16. Then who is going to compete on Presidential seat when 20 parties has been merged to so called Umodzi Alliance 1 party? This ruling must be done week before submission of nomination forms cuz ena asala sanakasiye awo ma form

  17. Judges took interest on what was already in the public interest and judgement has been crafted to suit those interests. They deviated from refering to Chakuamba case. Should the encumbent wins and the matter is brought against to them, they are most likely to deviated from refering to judgement citing on differences from context.

  18. The corrupt judges have really tried hard to help the opposition. DPP should work together now to defeat these people starting in parliament.

  20. Apa palibepo chasintha,50 + palibepo.
    Zikomela a UDF DPP.Ziunikeni mozama
    mosatengela kuti zowawa.Na kumwela ndiko munthu amatengela boma.
    Kumeneko 90% ya UTM & PP,abwelela ku UDF
    Tsono akumpoto nde agwilanjakata,
    chifukwa MCP ndim’dani muchikhalidwe chawo.AkuNorth & akuSouth kweni-kweni safuna azimva zaMCP

    1. Ukunama udf kumpito paja akhoza kuvitera garu atavala aford osati udf palibe achite atupele ku central ndi ku north negative zero.

  22. Natenso Ansah mtudzu. She should have seen the writing on the wall. She misled the professor of law

  28. The last part of this column is so disturbing… No new entrant shall mean No change to presidential candidates and No change to running mate…..so Nyekhwe ija ili tsopano pamenepa. Kodi SKC will campaign for Chakwera and Mia…..hehehehe kaya. We will need to revise some of the agreements in our alliances tho

  30. The order on cancellation of registration is meant to appease chakwera and sulemani, they are the ones who alleged. But what the supreme Court forgot is, last year’s election are as good as if they had not taken place which means people were free to register again. This judiciary has really rigged the judgment against dpp. Biased injustices of appeal

    1. The petetioners complained about last year’s registration and why should we use a faulty voters roll. This is judicial banditry.

  31. So in Malawi , Supreme Court vs Supreme Court. This Supreme Court clashing that Supreme Court. No new voters registration, no new presidential candidates, equals no. new presentation of nomination papers. Therefore no new running mates. Sidik Mia yemweyo kuti was waiting wa. Kkkkkkkk

  32. This is what I had expected from the Court Ruling and will sleep comfortably tonight. These thieves are used to steal after they stole Gwanda Chakuyamba (MHSRIP). Believe you me this is the end of DPP and many people in this party will be arrested- take my word and mark the date today. KUBA, TRIBALISM, NEPOTISM TAENJEZA. kupha using our cadets

  33. Our judges are indeed, biased and incompetent. If there is no new voters and new presidential candidates, then there cannot be new rules. By the way, alliances cannot be allowed because that changes how the elections were run last year.

    3. Usova kadeti. Paja makadeti you are generally full like ansah and don’t understand stuff

    4. Who is going to listen to you fool. APM is shitting himself right now, and you come here and write your nonsense. go hand hang

    5. As far as MEC records are concerned, there is no alliance competing. Officially, it’s MCP, DPP and Mabkauku. Kaya zamveka izi?

    6. Stop showing off your stupidity, think first before you talk. A judgment cant come clearer than that.
      Yes, elections can’t be run as were done coz previously there were widespread irregularities & not registering new voters is a briliant fair move for both parties 🤝👏

      If DPP didn’t appeal all this could have been avoided. Now every move Dpp makes, is digging its own grave.

      Just comply with the judgement, campaign & win period.

    9. It may appear that this is a new Presidential Election BUT it is NOT.
      This election is a Re-RUN because the first one last May became Void.

      The Court in their Wisdom is taking you back to that time May 2019 to re-do the race a Re-RUN meaning no new voters or nominations. This way No One is disadvantaged because of a party flooding new registrations of underage potential voters.
      New Rules because of an incompetent MEC and poorly written parlimentry laws.

    11. There are not new rules, there are new interpretations. The Concourt ruled that Majority and Most are different meanings.
      If the law had said ‘most’, APM would have been the winner, as he had the most votes of any candidate.
      However, he did not have a majority of the votes cast. That is the difference.

    12. There are No New Rules ,Majority has always meant 50+1…Only that we are Just Waking Up as a Country ….After a long Slumber ….Otherwise we Must not allow this Dividing of Malawians based on Tribes so that Some Few Individuals can Freely Plunder our taxes Continue ….

    14. which law from the constitution are u using,,,,,,,bcoz the judges were not using opinions,,,,,,,,,so tell us the basis of ur urguments from the constitution???

    1. Umbuli wako ndi APM wakoyo mwakhaula

      Ngati mutu wako waima ndi chifukwa chakuti I we ndi macadet azako muli ndi nzeru za bakha zija🤣😃😃😃😃😃

      Democracy in Malawi has won today!

    2. Akulu akuti those who contested as Presidential Candidates are free to Form Alliances ,change running mates etc But no New Presidential Candidate is allowed ndiye kuti Anthu ngati Chikomeni sali ololedwa eeeish Nyasa please muzitolembaso Nkhani za Chichewa….

  36. We would have got rid of this old buffoon ages ago had it not been for the concourts leniency on re-election time scale.

  37. Hahahaha koma abale Mulunguso panepake mwationjeza bwanji? You mean this is the way how some times you do your things? I’m trying to understand! So you God this is what you wanted? To first deal with what we call the Judiciary because they represent you and the of the Country? Hahahaha! You are so amazing! I can’t stop saying thank you, the whole Malawi was waiting to see you. Ha thank you,let all whom you want them to take a lesson take it.

  38. This is wht I have even said,why havng even new national IDs?I 100% agree with the ruling,Chakwera Woyeeeeeeeeeeeeeeeeeeeeeeee!Chilima Woyeeeeeeeeeeeeeeeeee!

  41. God is speaking to us once again, like in 1963, 1993 and 2003. Those who are deliberately closing their ears will meet HIS strong hand.

    1. Is it not the other way round? Kaya poti nawonso bwana APM amadalira ma cadet for advice.

    1. The role of the court is to interpret laws. It doesn’t matter whether you’ve already heard what they are saying or not.

    4. Because there is a case you fool. Do you even know what the word “judgment” mean?

  47. Surprising – then 50+1 cannot be used because that was not used in the previous election.

  48. But what does this mean for running mates?

    I agree with the Supreme Court on the voters part ….no new voters

  50. Very good, what I am now waiting for is to hear Ansah has resigned, no excuses………!

      1. She has just messed up again by conducting an illegal voter registration exercise…things are falling apart for her and the centre can no longer hold….

    1. 12 judges (from high court to supreme court) cannot be wrong and you right you dumb ass

  54. Democracy at its best. It was a known fact that fresh elections will be on. So our party leaders please preach peace during your campaigns. Is very shameful kuti HRDC and opposition parties made a lot of havoc in this country by demonstrations wich resulted into the loss of lives and property. This is the way to kuti if one is not satisifed please follow the legal procedures. Look now the whole issue is now put to rest and we all need to uphold the judgement. So my simple advice to a losing party and inu ma bungwe wopanda mifunda avoid demonstrations of destruction rather go and present your complaints before our reputable courts. Tamvana eti inu a Mtambo, Trapence, Sembereka, Chakwera and Saulos. kkkkkkk wosamawononga dziko lathu labwinoli ayiiii!!!

    1. Malawi had to pass through that process to reach to this end, ana akhanda ongolongola zosadziwika ngati iwe Chataika, lero ndizimenezo kunyoza a Opposition ngati sianthu.
      Mawa amene umawanyozawa,akhala atsogoleri mdziko lomwe lino,ndiye ati palibe za ovota atsopano, ndiye kaya zitha bwanji zija mumadzadza ana kukalembetsa zija kaya? Mumudziwe Yesu ndipo zoti Mulungu alipo mudziweso.

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