By Nenenji Mlangeni
LILONGWE-(MaraviPost)-Malawians locally and internationally are confusing the term ‘ Re-run’.
When an election has been nullified, the new elections are not termed re-run!
Re-run is when two candidates have not been able to get 50+1 to win an election.
The election to determine a winner is known as a re-run.
If the constitutional court (Concourt) agrees that there were indeed irregularities in the May polls, it can nullify the elections.
This means there was never an election. The court then will decide whether to call for fresh elections.
These elections are not a re-run, they are general presidential elections.
Those who perpetuated the irregularities shall be prosecuted not by the Concourt but the Criminal justice system. The Concourt shall only recommend.
Wait to see the real ghost being unmasked.
In Bolivia, the president has already gone into exile for mismanaging the elections. Its a serious electoral offence indeed…
So, stop using the term re-run…but possibly fresh elections!
However, for this to happen opposition witnesses have to prove before judges beyond reasonable doubt against Malawi Electoral Commission (MEC) and Democratic Progressive Party (DPP) defence.
The case resumes on November 25, 2019 in the constitutional court in the capital Lilongwe.
There is no need to prove beyond reasonable doubt in a judicial review. All that is needed is to prove the unconstitutionalitybof the election process. Basitu!