Friday, February 3, 2023
HomeMalawiDPP VS AG's case verdict: what next? Rick Dzida weighs in

DPP VS AG’s case verdict: what next? Rick Dzida weighs in

By Rick Dzida

AG Thabo Chakaka Nyirenda outshined the DPP legal team

There is a lot of excitement from the ruling party supporters following the judgment which was in their favour. Felicitations!!! 

Unfortunately, many DPP supporters have expressed their disappointment with the ruling citing a number of anomalies. That is not surprising too.

In any court case, there is usually one winner. Judges use a multiplicity of criteria to come up with a verdict.

It is not right to think that all court determinations are correct and just. In fact, various judges and magistrates can handle the same case differently.

However, the painful truth remains the same; whether the verdict is biased or not, it must be carried out or implemented. It is therefore important to accept the judgment and move on. Yes, what next then?

The AG, Thabo Nyirenda

Many people underestimated his legal prowess cognizant of his record of losing court cases especially when he was a legal counsel for the Anti-Corruption Bureau (ACB)  and the  Reserve Bank of Malawi (RBM).

Despite his good connections with the Judiciary staff, the AG managed to put up a good argument against the embattled Democratic Progressive Party ( DPP). 

It was Thabo Nyirenda who convinced a panel of five judges that the issue at hand is res judicata, a case whose final determination was already delivered.

Yes, Judge Kenyatta Nyirenda had ruled that the rescission of the appointment of the impugned Malawi Electoral Commission (MEC) commissioners did not affect the results of the elections. This is why DPP did not challenge Judge Kenyatta Nyirenda’s verdict.

 But still a question remains unanswered. Didn’t the rescission of MEC commissioners’ appointment affect the quorum of MEC?

The Constitutional court deliberately eluded this question because they would definitely contradict Judge Kenyatta’s verdict.

I still find Judge Kenyatta Nyirenda’s line of argument erroneous despite later being adopted by a panel of five judges.

Still, congratulations are in order to AG Thabo Nyirenda for winning the case. This has elevated your legal profile.


Life must move on despite experiencing losses in a series of court cases.

I reiterate that I still find the questions raised by DPP still unanswered.

Contrary to the assertions by the Constitutional Court that DPP can appeal the case, it still remains a mystery how  DPP can appeal the case when it is not challenging Judge Kenyatta’s verdict.  DPP is now pushed to the tight corner with no practical legal remedy.

I also find that DPP shot itself in the foot. How could the whole professor of law, Peter Mutharika, comment on issues that were before the court? 

At a rally in Blantyre, Peter Mutharika insinuated that he would stand as a presidential candidate if 2020 fresh presidential elections are nullified. Gosh!!! These utterances could have given judges a loophole that APM masterminded the whole court case. APM could have crossed the bridge when he reached it.

So DPP must accept that the next elections are in 2025.  Forget about any court cases, start building your party for the next general elections.

Immediately, call for an early elective convention. Choose a new successor as soon as possible. Let APM be the patron of the party.

Judges and the judiciary

There are a lot of contradictions coming from the case’s verdict.

Yes, we understand that different judges can handle different cases differently.

 However, Malawians expect the Judiciary system to deal with court cases with the required objectivity, consistency and professionalism.

One unfortunate incident was when 2020 Constitutional court judges were allowed to override the   decisions of the higher court, Supreme Court of Appeal. This is an anomaly.

I am still skeptical if the Judiciary has time to review all case verdicts and later provide guidance to its staff for consistency sake. 

The former AG, Chikosa Silungwe

Nescience forces people to think that all attorney generals will give the same legal opinion on issues. This is wrong.

I still find the legal opinion given by the former AG very unconfrontational, amicable and professional.

Most atheists like Dr. Chikosa Silungwe handle issues with the required professionalism and integrity.

If the embattled commissioners were offered their appointment letters as opined by the former AG, all these useless court battles would have been avoided. Much respect to Dr. Chikosa Silungwe.

Let us sow seeds of tranquility and peace rather than seeds of retribution.

The citizens

Democracy is the government of the people, for the people and by the people.

We are the masters of all politicians. We put all politicians in power and therefore we can also remove them.

We have the power to shape our country to doom or to prosperity.

As citizens, we have a responsibility to hold all politicians accountable.

Don’t be a mediocre by supporting and defending politicians who are geared to defraud our government coffers.

If we made a mistake in 2020 elections, we have another chance in 2025 to change the destiny of this country.

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