Judges of the Supreme Court of Appeal who made the ruling on the election appeal case
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.
Chilima and Chakwera sealing the deal for one path
LILONGWE-(MaraviPost)-The opposition Malawi Congress Party (MCP) President Dr. Lazarus Chakwera on Thursday, March 19, 2020 assured Malawians that change they have been waiting has finally come as his party has entered into an alliance with UTM of Dr. Saulos Chilima who is also the current vice president of Malawi.
Dr. Chakwera made the remarks at Kamuzu Institute for Sports in Lilongwe when he addressed thousands of Malawians who gathered from all walks of life to witness the official signing of an alliance between MCP and UTM.
Chakwera lauded his first vice president Sidik Mia for his maturity in politics for the sake of Malawians who are suffering under DPP.
The MCP leader further said the alliance is far the benefit of the citizens not for the leaders of the parties in the alliance saying they want unity among Malawians and that MCP is happy to have entered in alliance with UTM.
Dr. Chakwera warned Peter Mutharika that in whatever he’s doing must know that power is in the citizens of this country and shortly he will know that, saying Mutharika has started the battle that won’t win or finish for he(Mutharika)is fighting the will of the citizenry.
Chakwera then thanked the Members of Parliament (MPs) who stood by the side to pass the electoral bills.
He then urged all those who are tired of Peter Mutharika to join the alliance citing the high unemployment level, poverty, hunger, high prices of farm inputs, low prices of farm produce at the market, education, and many more problems as reasons behind the grand coalition. Chakwera wondered why Mutharika has himself become a lawyer, judge and even the court of law.
The MCP president also spoke on the need to take care as the corona virus is spreading at a very fast speed having Zambia, Tanzania and South Africa already declared the infection of the deadly disease and urged Malawians to keep praying for the pandemic and elections ahead. He also urged the gathering not to give up until their wishes are granted by Peter Mutharika.
In his take, UTM leader Chilima while pointing at the state house few kilometers away from KIS said the journey is to the statehouse, hence holding the rally at the venue.
The Malawi Vice President said all leaders in the coalition have sacrificed but that is not in vain.
He urged everyone to bury the past and focus ahead. Then he said the signing of the alliance documents is for the benefit of the poor, jobless, students, farmers and civil servants.
Chilima also told the crowd that no one will rig the coming election. He then revealed that the state house is pushing for the network providers to give them access via VPN.
The UTM leader added that the alliance signed is not for individuals but Malawi as a nation and urged all Malawians to take part in supporting it, saying the March 19,2020 shall go into history for the generations to come to know the Genesis of the new Malawi.
On her part the former president who is also the only woman so far to serve as the vice president and the president respectively, Madam Joyce Banda thanked God for uniting all Malawians through the 9 party leaders in the signed alliance saying Malawians were not expecting anything short of an alliance just as it was during the court hearing. She also thanked the humble heart of Mia and the sweet relationship between MCP, PP and FP and wished that is the same with the current alliance.
The function has seen nine political parties namely: MCP (Lazarus Chakwera), UTM (Saulos Chilima), PP (Joyce Banda), FP (Khumbo Kachali) Aford (Enoch Chihana), Petra (Kamuzu Chibambo), PPM (Mark Katsonga), Umodzi (John Chisi), and Mafunde (George Mnesa) firming one block against the alliance of DPP and UDF and this may bring the presidential candidates to 2 or 4 if the independent candidates in the 2019 nullified elections are to contest again.
The function was also attended by by religious leaders, chiefs and other notable dignitaries like Frank Mwenifumbo, Mama Cecilia Kadzamira, Dr. Zingani Chirwa (the son of late Orton Chirwa) and the retired chief justice for Malawi and Eswatini(Swaziland) justice Richard Banda SC.
During the signing ceremony, Dr. Joyce Banda signed as MCP’ witness while Enoch Chihana signed as UTM’ witness though it did not disclose who will be the torch bearer of the alliance, but from close looking one can easily conclude.
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