BLANTYRE-(MaraviPost)— Supreme Court of Appeal has upheld the Constitution Court judgment of February 3, 2020 that May 2019 elections had irregularities and that the president was not duly elected.
It has also upheld the ConCourt ruling that majority of votes means 50%+1 and that fresh election be held within that system.
Delivering the ruling in Lilongwe, the court described the grounds of appeal by Peter Mutharika and Malawi Electoral Commission as unnecessarily numerous and embarrassing.
He, therefore, described the grounds of appeal as “Unnecessarily numerous, convoluted, fictious and embarrassing” while emphasizing that the Court uses such language.
The court also says the conduct of MEC in the litigation in both Constitutional Court and Supreme “Court leaves a lot to be desired.”
The court has since ordered that Mec squares the legal costs of the case for Chilima and Chakwera both in the Supreme Court and Constitutional Court.
The court has also said the same voter roll used last year should be used in the fresh Elections.
“The old voters’ roll should be used in fresh elections. The new voters were not wronged,” read the verdict.
The Supreme Court has also upheld the 150 days of holding a fresh election based on 50+1 percent system of declaring a winner.
The Supreme Court has also agreed with the Constitutional Court’s position that the Attorney General (AG) was not supposed to represent MEC in the case.
President Peter Mutharika Thursday reiterated his protest against the July 2 presidential election, saying he will participate in it just to prove that he won the May 21 poll.
“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.