Tag Archives: Judge Jack N’riva

Malawi

Judge Jack N’riva playing skullduggery on Mangochi Monkey-Bay election petition?

Maravi Post Reporter

By Innocencia Chikuse

Judge Jack N’riva playing skullduggery on Mangochi Monkey-Bay election petition?

Pressure is mounting on High Court Judge, Jack N’riva, to deliver judgment on the first-ever 2019 election petition in Mangochi Monkey-Bay constituency, the delay of which has made certain quarters of the society to suspect skullduggery.

Background

This was the first election petition to have been deposited to the High Court of Malawi following the chaotically managed Jane Ansah 2019 tripartite elections. The catchword here is that this was the first-ever election petition to have been made to our courts even before Dr. Chilima and Dr. Chakwera thought of taking their matter to court. The Mangochi-Monkey bay election petition by the then Malawi Congress Party (MCP) Gerald Kazembe challenged the election of the Democratic Progressive Party (DPP) sponsored candidate Ralph Jooma, arguing the election was replete with irregularities such that its final outcome would not be considered as representing the will of the citizens of the Monkey-Bay constituency.

Other cases after already decided

Following Kazembe’s petition, the court was flooded with other election petitions, one in Phalombe, two in Mangochi and one involving three candidates from Nsanje and Chikwawa. As we all know, High Court Judge(s) who were presiding over these cases, expeditiously released their judgments. Fresh elections were ordered and conducted such that those constituencies, today, have genuine representation in Parliament.

Mangochi Monkey-Bay Judgment still hanging in the air under Judge Nriva

However, despite other Judges expeditiously disposing of their election petitions; the one under Judge N’riva is yet to be set-down for Judgment.  It has been learnt that the final submissions took place a few months ago and the delay has caused some to suspect fishy business.

A legal expert who did not want to be mentioned pointed out that the law is clear on when Judgment should be given after final submissions. According to him, the law clearly states that Judgment must be delivered within 90 days after final submissions. However, he noted that the other Judges released their judgments pretty much quicker.

“The election petition before the Judge already has binding legal authority, the Supreme Court decision. Moreover, there are plenty of other Judgments on similar recent cases in the High Court thereby making it simple to release the Judgment quickly. Maybe the Judge wants to utilize the entire 90 days. This is peculiar nevertheless let us have patience” said the expert.

Time Limits for Delivery of judgments in the High Court

According to Order 16 of the High Court (Civil Procedure) rules, 2017, stipulates that the Judge has 90 days to deliver the judgment. The rule, Order 16, Rule 9, states as follows:

“9.―(1) The Court shall deliver its judgment within 90 days from the last date the parties in a trial file written submissions. (2) Where the Court has not delivered its judgment under sub-rule (1), the judge who conducted the trial shall―(a) within 14 days of the expiry of the period in sub-rule (1) set down the proceeding for mention; (b) provide reasons to the parties for the failure to deliver the judgment; (c) fix a date, within 30 days from the expiry of the period in sub-rule (1) for delivery of the judgment, with appropriate directions for such delivery of the judgment.”

Efforts to talk to the Registrar of the High Court did not succeed as we went to press. 

Law and order, Politics

Malawi High Court has acquiesced to MRA’s injuction request on HRDC demos targeting Airports

MaraviPost

The High Court in Blantyre has granted the Malawi Revenue Authority (MRA) an injunction restraining the Human Rights Defenders Coalition (HRDC) from conducting vigils at the country’s borders and airports.

The court is convinced that the vigils will disturb MRA operations and affect the economy of the country.

Judge Jack Nriva said holding demonstrations in the said places would jeopardize operations of MRA and the national economy

MRA had said it was not stopping people from demonstrating, but rather from disturbing its operations and coming inside or near its premises to affect its day to day operations.

Government through the security and other agencies, had also called on HRDC and its partners not to go ahead with the demonstrations that have proved violent in the past.

Top News

“You cannot bar Rastaman from Presidential race” Chikomeni tells Malawi court; Vows to appeal the case

Special Absalom

BLANTYRE-(MaraviPost)-Malawi Presidential hopeful Ras David Chikomeni Chirwa says he will appeal against the high court ruling barring his candidacy in the May 21 tripartite elections.

The high court in Blantyre on Monday dismissed Ras Chikomeni’s injunction seeking redress following Malawi Electoral Commission (MEC) rejection of his candidacy.

Speaking soon after the judgment, Ras Chikomeni Chirwa said he will continue pursuing the matter for the benefit of poor Malawians intending to contest as presidential candidates in future elections.

“Up until my rights have been heard and respected it’s when I will stop pursuing this case.” said Ras Chikomeni Chirwa who was represented by lawyers Chikondi Chijozi, Mauya Msuku and Oscar Taulo.

He added:” I will continue fighting for ordinary Malawians so that their rights are not being violated and that are given a chance to contest as presidential aspirants in future elections without any hurdles”.

Delivering his judgment, Judge Jack N’riva said Ras Chikomeni Chirwa delayed in approaching the court after MEC rejected his candidacy.

Judge N’riva said Chikomeni Chirwa was guilty of delays as he was supposed to go to court soon after the rejection of his presidential bid.

On the extension of the nomination period, Judge N’riva argued that the move was likely going to affect the electoral calendar and some logistics ahead of the elections hence dismissing the application.

The court has since referred the issue of obtaining 10 signatures for presidential candidates in all the country’s 28 districts to the Chief Justice saying it was a constitutional matter to be handled by a three-judge panel.

MEC lawyer David Matumika Banda representing the Attorney General (AG) welcomed the ruling, saying the application could have negatively affect preparations for the May 21 tripartite elections.

The country’s chief pollster rejected Ras David Chikomeni Chirwa on February 6 after he failed to comply with the requirement to pay presidential fee of K2 million and raise 10 signatures each from the country’s 28 districts, of which he managed from nine districts only.

One of the presidential hopefuls who was also rejected by MEC Smart Swila attended the judgment proceedings saying he was ready to join the case as friends of court if the matter continues.