Jane Ansah (centre): MEC chairperson

BLANTYRE-(MaraviPost)—South Africa based but Malawian born Proffessor of Law Danwood Chirwa has tipped President Peter Mutharika to fire commissioners of Malawi Electoral Commission (MEC), arguing maintaining them will work to his advantage whatever the outcome of the fresh election may be.

Chirwa’s guidance comes a day after the Supreme Court of Appeal upheld the Constitution Court of February 3, 2020 that May 2019 elections had irregularities and that the president was not duly elected.

The has also upheld the ConCourt ruling that majority of votes means 50%+1 and that fresh election be held within that system but did not say anything on the fate of MEC commissioners as per the general public’s expectation.

But Professor Chirwa feels that Mutharika is not safe if he insists on maintaining the current crop of commissioners.

“Having found the commissioners to be incompetent, the President is left with two options. Insist on having these commissioners and he wins the election, the result will be challenged on exactly this ground and he will lose again.

“If he loses the election, he won’t have a chance to challenge the election because he has let people who’ve been found to be incompetent by the MSCA and parliament to run the elections,” wrote Chirwa.

He added: “The right option is to appoint a credible and competent commission. Given that the two courts have defined the standard by which elections must be conducted, there is no reason to expect that the current commissioners can fulfill the constitutional and legal responsibilities that attach to their offices. The upcoming election must be conducted competently and credibly. There should an end to electoral decision making. The country must move on.”

However, Mutharika is on record to have been insisting that the 2019 elections were free, fair and credible.

On Thursday, Mutharika repeated the same sediments when after presenting his nomination papers at the electoral body at Mount Soche Hotel

 “On May 21st 2019, you the people of Malawi voted in an election that was free, fair, faithful, transparent and credible. That was attested by all international observers. We won that election. I won that election.

“The result of that election was the will of the people. Only one year later, we may be going to another election. This election is not the will of the people. Therefore, I call upon all Malawians to come out to register and vote to restore the will of the people which was expressed in the May 2019 election,” he said.

On February 3, the Constitutional Court nullified the May 2019 election citing widespread irregularities

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