The June 2021 by-election reinstated member of Parliament (MP) for Nkhata Bay Central Constituency, Symon Vuwa Kaunda, is demanding demanding a whooping K600 million compensation from the Malawi Electoral Commission (MEC) for the psychologic, physical and economic trauma he suffered from the election case against his contender, Ralph Mhone.
Vuwa Kaunda has since hired Mbulo Attorneys At Law who have since notified MEC about the claim.
The lawyers, in the notice to MEC, which Nyasa Times has seen, are blaming MEC for the psychologic, physical and economic trauma their client suffered in order to vindicate himself that he won the election May 2019.
The lawyers further allege that the pollster was negligent and reckless in following laid down procedures as provided for in the Presidential and Parliamentary Elections Act on how to conduct an election, adding that his second sounding victory did not come on a silver platter.
“It should also be brought to your attention that our client had to seek the intervention of the African Court on Human and People’s Rights in Arusha in Tanzania just to defend his victory as a member of Parliament for Nkhata Bay Central Constituency. On 30th June, 2021, your institution conducted the fresh elections in Nkhata Bay Central Constituency and our client emerged victorious again now winning with a greater margin of over 260 votes, silencing all the critics, including Raphael Joseph Mhone,” says Mbulo.
He say had it been that your institution was diligent in the discharge of its statutory duty as provided in the PPEA, Vuwa Kaunda’s first victory in the 2019 could not have been nullified by the Malawi Supreme Court of Appeal on 21st April, 2021.
“Therefore, after considering all the necessary factors and the relevant laws, we find that your institution is liable for the suffering that our client has undergone due to your recklessness in the discharge of your duties. Thus, on behalf of our client, we hereby demand from you the sum of MK600, 000, 000.00 (Six Hundred Million Kwacha) to be paid within 14 days from the date hereof. Otherwise, we shall be left with no any other option, but to commence legal proceedings against you in the High Court of Malawi,” warns Mbulo.
In a separate interview on Tuesday, Vuwa Kaunda confirmed demanding the compensation.
“That is true. I want to be compensated by MEC. I suffered physical, psychological and economic torture to defend and reclaim my seat. All of this happened because of MEC negligence,” he said.
MEC Director of Media and Public Relations Officer, Sangwani Mwafulirwa, said the Commission has not received the notice yet.
“We don’t have a record of that demand letter at MEC. So, I cannot comment. When we get it, as usual, we will use the official channels to give our responses. It will be up to the addressee to make them public or not,” said Mwafulirwa.Follow and Subscribe Nyasa TV :