Mutharika, MEC fail in Malawi presidential election case appeal bid: Dismissed with costs
Malawi Supreme Court of Appeal has rejected an attempt by President Peter Mutharika and Malawi Electoral Commission (MEC) to prevent the Constitution Court judges hearing the presidential elections case.
The bid to dismiss the case on technical ground was rejected by the High Court sitting as the Constitutional Court on June 22 2019. But Mutharika and MEC filed an appeal to the Supreme Court which heard the matter on Thursday.
Making the ruling, the bench of seven judges led by Chief Justice Andrew Nyirenda rejected the appeal bid with costs.
“Our answer is yes, these matters are appealable under provisions 21 and 23. Proceeding from there, we notice a couple of issues (A) there are no notice appeal filed by the first appellant (b) there is a notice of appeal by the second appellant but the matters are matters raised by the first appellant and not the second appellant in the court below,” said justice Nyirenda in the ruling.
“Having made these observations, having (read) the skeleton arguments and having heard counsel this morning orally and having considered the matter in entirety we dismiss the matter with costs,” he ruled.
The ruling by Justice Nyirenda means the Constitutional Court will continue to hear the presidential elections case.
Mutharika took the presidency with just 39% of the vote in a wide field. His opponents, led by runner-up Lazarus Chakwera, accused Mutharika’s Democratic Progressive Party (DPP) of tampering with results in some parts of the country.
At the Constitutional Court, Attorney General Kalekeni Kaphale completed cross-examining first petitioner Saulos Chilima after keeping him in the witness stand for five days.
The court continues sitting on Friday in Lilongwe.
Judge Healy Potani said on behalf of the panel of Dingiswayo Madise, Redson Kapindu, Mike Tembo and Ivy Kamanga that on Thursday that they would utilise the time to discuss case management and look into how best to proceed with the case so as to handle it within time.
Every single vote count. whether 0.1 or 0. 0001 count. remember the 0.00001 of the population of Malawi is close to 1600 vote and what more would be for a 0.1 or 1% . the 0.0001 is even more that what Muthalika claims to have conceded to be declared a winner. There is a big case than we think, a big problem that need to be solved. Election mapractice has been a big issue in Malawi. we deal with it once and for all. Politicians should know that Malawis are not stupid and can not be taken for a ride… Read more »
TIKUMZUNGULILA YELIKO KUFIKILA ATAGWA
kumwamba kwalankhula whether they like it or not DPP is not going to win this case they will try all means to bribe to delay the case but it wont work GOD is not happy with this shit system govt of DPP
Phillip’s wanga waiwala atumbuka ndi achewa onse atambalala ku Blantyre ndi Madela onse a kumwera ayambe kuyimba nyimbo yoti ‘ kwathu si ku m’mwera, ndingopitilira……’
Sapha Njoka yakufa kale. Chilima conceded that he did not have the case following his agreement to Kaphale’s observation.
Day light dreaming. Dont u know that the Amang’anjas under Lundu in the south are the chewas? the south is not for the Lomwes as u think might be, history will tell u that the chewas had been there about 500 – 600 years before the Lomwes came to malawi and majority of the people in the region are the Amang’anjas as per NSO, so dont relate the south as for the Lomwes.
at least chilima wasekelela after 5 days in court. koma, is he happy kuti court case ipitilire?
Ansah ndi Peter find another lawyer, Kaphale sakupindulilani. Kuluza chilichose bwanji
I once read a book, and subsequently watched a film, titled “The End of the Roman Empire”. We are now witnessing a similar occurrence: “The End of DPP Era”.
The case continues does not mean MCP yawina mulandu
SKC waimaliza MCP
Anakakufunani mmesa munakhala limodzi
Umboni wapereka chilima ndioti ma voti sanabedwe
Koma MCP sinawine bola mukafuna unity gov ine chilima ndilipo
That’s the message chilima is sending
Remember there are two petitioners, meaning 2 pieces of sieve material, 2 security gates. What you delusionally perceives as SKC weak positions are actually strategic and measured responses. Petitioners counsels will finish the dirty work.
Kusekerera za zii. Every jim and jack knows that this application was ill timed. Otherwise zinazo mwagwa nazo kale.
The court will fight for that .00001% whose vote was not counted. Because it is their constitutional right that their vote be counted. That every single vote should count. So for those that are celebrating that the numbers so far would not have made a difference in the election result. You may be in for a surprise.
All UTM and MCP need to create is reasonable doubt that the elections were not fair. Just an ounce of doubt, and not degree or percentage.