Chilima and Chakwera sealing the deal for one path
In Malawi opposition parties have filed yet another application for clarification on who is supposed to set the date for the forthcoming presidential elections between Parliament and the Electoral Commission to the friendly Supreme Court of Appeal.
Khumbo Soko, lawyer for Vice President Saulos Chilima who has been reduced to a running mate of the Reverend Lazarus Chakwera of the MCP, has confirmed to media of the just submitted Application.
Judges of the Supreme Court of Appeal who made the ruling on the election appeal case
“Our view is that the issue is not as clear from a fair reading of the judgment itself and a consideration of the Parliamentary and Presidential Elections Act. But we want the Court to clarify whether its Parliament that must fix the date or the EC,” Soko said.
Adding more confusion MEC Chairperson Justice Jane Ansah says she has written the appointing authority to step aside from her position as MEC Chairperson but is yet to get a response from appointing authority. Ansah revealed this in an exclusive interview with Malawi Broadcasting Corporation.
Even If the biased Supreme Court of Appeal makes a ruling who is going to run the Elections? How long will it take to appoint and train new MEC Commissioners?
Justice Jane Mayemu Ansah, S.C. is the current chairperson of the Malawi Electoral Commission
By Kondwani Magombo
Mangochi, May 14, MaraviPost: Malawi Electoral Commission (MEC) has proposed June 23, 2020 as tentative date for the fresh presidential election following the May 8 Supreme Court ruling.
MEC Chairperson, Justice Jane Ansah, said this on Wednesday during the National Elections Consultative Forum (NECOF) meeting held in Mangochi where the Commission updated stakeholders on the fresh presidential poll preparations.
She said the proposal was in regards to the fact that while the Supreme Court upheld the High Court’s order that the fresh election should be held in 150 days, the latter Court clarified that the 150 days should include the announcing of the results.
“Following the Supreme Court’s clarification, we counted 8 days backwards from July 2, 2020 which is the 149th day from February 3, 2020 when the Constitutional Court made the ruling, and we ended up with June 23, 2020 as a tentative date for the election,” Ansah explained.
MEC Chair was quick to point out that the responsibility of setting the date for the election lied in the hands of Parliament.
She said it was up to the august House to either endorse the proposed date or to set another date within the Supreme Court’s specified period.
There was a tense moment after Ansah’s statement when People’s Party Secretary General, Ibrahim Matola, stood on point of order calling for suspension of the meeting on the grounds that the participants were not served with the “perfected, sealed and binding judgment” of the Supreme Court.
Malawi Congress Party (MCP) Secretary General, Eisenhower Mkaka, supported Matola’s call to have the meeting suspended for the party to consult its lawyers adding that the party felt “ambushed”.
While admitting that there was no “perfected, sealed and binding judgment” available, Ansah said the Commission was basing its proceedings on the orders contained in the May 08 Supreme Court judgment which she said would remain the same.
High Court Judge Kenyata Nyirenda
“The Supreme Court Judge said the judgment needs to be perfected in terms of spellings and grammatical errors and that it will be served within seven days,” Ansah observed. “But we had our lawyers present in the Court who were taking notes which we are using,” she added and continued: “What you should know is that the orders in the judgment will remain the same and the date will remain May 8, 2020.”
Ansah outlined the Commission’s way forward with other electoral procedures such as voters’ verification and transfers in light of the May 8, 2020 Supreme Court ruling.
The most corrupt and partisan judges malawi have ever had – justices Healey Potani, Mike Tembo, Dingiswayo Madise, Ivy Kamanga and Redson Kapindu
By Cornelius Wa Mapira
Politics clouded the judgement of the Concourt case on the electoral matter.
There are two politics at play with the Concourt
judgement. One, is the national politics and the political leaning of the
judges who presided over the case. Judge Heyley Potani is a known staunch MCP
supporter, and one of the Judges are cousins with Mary Chilima. How could you
expect a fair judgement from this?
The second politics are the politics within the
judiciary. Judges contest for positions and have a satiable appetite to rise on
the pecking order. The highest court to ascend is the Supreme Court.
It was rather strange that the judges felt the
need to insult a Supreme Court judge, Justice Jane Ansah – calling her
incompetent. It was the “incompetent” MEC and Jane Ansah who presided
over the Parliamentary elections that saw about 193 MPs put in office.
Ansah appointed Malawi Electoral Commisison new chairperson
It is a great shame that the Concourt judges
spoke about Presidential elections alone, as if they took place in isolation of
the Local Government and Parliamentary elections. If the MEC is incompetent,
let it be incompetent in all the polls.
There were no special ballots or forms used for
the other elections at all. In fact, many of the MPs also made it into their
positions through the evil Tippex that the judges criticised.
Furthermore, from this case – we saw the judges
err by trying to overreach.
There are three arms of the state, namely, the
Executive (headed by the President), the Legislature (parliament), and the
Judiciary. None of these arms of the state is supposed to interfere with each
other’s functions.
The judiciary cannot instruct nor prescribe to
Parliament on what laws should be passed. Parliamentarians are elected by the
voters to make laws — not judges. Parliamentarians do not report to the courts,
but the electorate.
There was a complete misrepresentation of the
electoral systems by the judges.
Malawi currently uses First Past the Post
Westminster system. The US, Canada, India, and the many Caribbean and African
states still use the system. The First Past the Post is a subset of the
majoritarian system.
The judges are not international electoral
systems experts. They should have accepted that limitation and stay out of it –
especially misinterpretation of the systems.
Another system which the court are forcing the
parliamentarian to adopt is the “Majority Wins” system. This system
is what many call a 50+1 system. But in a country, such as Malawi, with over 60
political parties on a ballot paper, it is not possible to achieve this.
The question is, will it mean that when any of
the parties fail to get 50+1, they will then head for run-offs until a winner
emerges?
Or would the parties that form a coalition to get
to 50+1 be the ones that elect a President to rule? This system has its own
limitations and challenges, even on the democratic side.
In South Africa, as an example – this system has
failed, especially for local government elections. As and when political
allegiances change, the leaders get changed. One metropolitan city is on its
second Mayor, within the same term. But it is the people who suffer, while
those with numbers to swing things to 50+1 play politics.
The system, to a degree, is highly undemocratic.
A party with the much needed 5% to cross the halfway mark wields so much power.
They can make so many demands just to sell their little percentage to help a
party get into power.
When politics cloud judgement, judges try their
hardest to dictate to the Parliamentarians like they are school children.
The Majority Wins, or a 50+1 system, is not the
only political system in the world. It is rather shocking that the judges saw
it fit to prescribe it. But their political leanings clouded their judgement.
Ansah appointed Malawi Electoral Commisison new chairperson
Some of the words that were repeatedly said by beleaguered Malawi Electoral Commission (MEC) Chairperson, Justice Jane Ansah was ‘I am confident in the election process’ and ‘auditors have verified these results. However, the leaked BDO audit report has confirmed what every reasonable Malawian concluded after the announcement of the results; the 2019 election process was not credible and Ansah colluded with the Democratic Progressive Party (DPP) regime to maintain its grip on power.
As one of the beneficiaries of the spoils of power, Ansah did everything to secure Peter Mutharika’s victory. Her efforts included a chain of lies which have been coming out since the announcement of the results. The leaked ‘audit report’ reveals that it was not the intention of MEC to have an independent audit firm that would verify the authenticity of the elections results. The report also shows that MEC’s conduct rendered the whole auditing process useless.
Ansah lied many times that all the results displayed at the National Tally Centre were audited and verified before displaying them. However, the report indicates that MEC accepted and announced unverified results. The report also shows a lot of unresolved irregularities with some of them simply bordering on fraud. Yet during announcement of results, Ansah lied to the nation that the commission addressed all grievances and complaints.
Among the contentious issues were the tally sheets that were rejected by the auditors because of the missing signatures of the corresponding political parties. The auditors state that many of the tally sheets were rejected because of manual amendments, but MEC provided BDO with an official letter to approve any manual amendments on the tally sheets and forms that were used at the constituency tally centers.
The auditors also noted some cases where votes cast exceeded the maximum number of the registered voters per stream. They indicated that several polling stations stream results were not tallying to the totals of the stations. Incredibly, the auditors stated that MEC provided them with an official letter to approve all papers if they contained the Presiding Officer’s signature only.
In other words, MEC told the auditors to disregard anomalies despite their seriousness. Why would anyone employ auditors just to disregard all queries raised? This shows MEC acted in bad faith and never intended to use the full expertise of the auditors in the first place. MEC requested UNDP to help in results management and transmission just for a show. It was not MEC’s intention to let an independent audit firm do its job without interference.
This is confirmed by the clause that the auditors included in the report which said, “Because the procedures performed by BDO don’t constitute neither an audit nor a review made in accordance with International Standards on Auditing or International Standards on Review Engagements, we do not express any assurance on the accompanying Report of Factual Findings.”
The auditors further said, “Had we performed additional procedures, or had we performed an audit or review of the Agreed-Upon Procedures Report of the user in accordance with International Standards on Auditing, other matters might have come to our attention that would have been reported to you.”
The whole exercise was a sham and that’s why MEC was reluctant to release the report. MEC knew it would open a can of worms. The damning report which is now in the public domain was never supposed to see the light of the day.
The whole MEC is rotten. It presided over an election which it promised to be free and fair but was planned and delivered in typical mafia style. The lies discovered through the report adds to the list of lies Ansah told the nation. Malawians continue to discover that Jane Ansah is a liar and has no integrity whatsoever. The pack of jackals at MEC must fall!
Disclaimer: Views expressed in this article are not necessarily the views of the Publisher or the Editor of Maravi Post
Lilongwe, July 29, 2019: Police have repeated calls to Human Rights Defenders Coalition (HRDC) to stop conducting demonstrations in the country because they have become violent.
HRDC is conducting demonstrations calling for resignation of Malawi Electoral Commission Chairperson, Justice Jane Ansah for allegedly mismanaging May 21 elections.
The police and Malawi Defence Force have warned that they will not sit back and watch protesters disturbing peace in the country.
Police Inspector General (IG) Rodney Jose said this during a press briefing which was held at Police headquarters in Lilongwe, in relation to a letter which was issued to HRDC dated 26 July to stop the demos.
Jose said that as security agency, the Police cannot just sit back watching few people inciting violence in the name of demonstrations. He said criminals have taken an advantage of the protests to terrorise the country.
“As police we will be unable to protect the lives and properties, because the demonstrations have no longer been peaceful but rather turned into violence, which has led to more properties being damaged,” said Jose.
He said the police appeal to HRDC to call off the demos was an amicable way of solving the current situation. He said at times the police are forced to use teargas because the people indulge in violence.
“Teargas has been used to scatter crowds mostly when there is some sort of disobedience by the demonstrators. It is one of the tactics that the police have utilized.” said Jose.
He said the Malawi Police Service is not a politically motivated security agency as some people have been alleging on social media.
He said the police service works according to the constitution of Malawi and that it has been there from previous administrations.
Malawi Defense Force (MDF) General Vincent Nundwe said as one of the security agencies, the Army upholds the constitution and so deploys soldiers when there is need during demonstrations.
“When the Police have been stretched, the constitution of Malawi allows the intervention of MDF to support police; we work hand in hand when there is need to do so.” Nundwe said.
Meanwhile, the police have appealed to all Malawians not to infringe on other people’s rights in the name of demonstrations.
Reported by Esnath Kalawe, Malawi News Agency (Mana)
Malawi is never short of useless political maneuvering that only serves a few people’s pockets and political careers. After the government sponsored live TV crying of Chief Director for public sector reforms in the Office of the President and Cabinet (OPC) Seodi White and other paid actors, former Malawi President Bakili Muluzi has come up with a new political movie for the entertainment starved Malawians.
Malawians are demanding the resignation of the Malawi Electoral Commission (MEC) chairperson, Justice Jane Ansah, for presiding over a rigged and poorly handled election. Street demonstrations have been taking place across the country since the results of the elections were announced in May 2019.
The former president has expressed desire to mediate on the post-election’s issues. In his letter to organizers of the unprecedented demonstrations, Muluzi said, “I feel obliged and duty-bound that we find a solution to curtail the prevailing situation, initiate conversation and dialogue.”
The first meeting between Human Rights Defenders Coalition (HRDC) members and Muluzi took place today in Blantyre. According to reports on Zodiak Online Facebook page, Muluzi asked the members to ‘slow down’ and suspend demonstrations which are scheduled on Thursday this week. Muluzi promised to meet Democratic Progressive Party (DPP) President Peter Mutharika on the Jane Ansah resignation demands. However, the HRDC members declined to cancel the demonstrations. So predictable!
This is a Nollywood movie that will yield nothing but entertainment for Malawians and news for the media. By the end of the so-called negotiations, nothing will change. Nothing will be achieved because in any negotiations, you must address the core issues. Most importantly negotiations need the highest decision makers in both camps to be involved, not proxies.
The issues that Malawians want addressed immediately do not require any negotiations. The demand for Jane Ansah to resign does not require negotiations. The demonstrations have shown that millions of Malawians don’t want her to continue chairing MEC. Ansah just needs to resign or be fired. Even Muluzi himself knows that’s the solution.
If Muluzi really wanted to intervene, he could have first met Mutharika and advised him to fire Ansah. Telling Malawians to wait for seven days for him to meet the arrogant Mutharika is a waste of time. It can only work to cool off demonstrator’s spirits, something DPP desperately wants.
But Muluzi has an agenda. The negotiations will make him relevant to Mutharika and the DPP. Yes, Mutharika and DPP, not Malawians. Muluzi has never retired from politics. He is still active. He only changed the mode of doing politics because of consecutive political defeats.
Malawians should be reminded that when his constitutional two terms were about to end, Muluzi sought for a third term and failed. He tried the open term and failed. He tried to rule from the backdoor with Bingu as president, he failed. He tried to claim that he could stand again after two terms and a one term break, but he failed again.
He supported Malawi Congress Party’s (MCP) John Tembo for president and failed. He tried his son Atupele in 2014 and failed. In the 2014 general elections, Atupele Muluzi campaigned on the popular message of ‘agenda for change’ but joined the ‘no change team’ of DPP in a governing coalition after losing the elections. To serve the senior Muluzi’s interests, Atupele was quietly loyal to corrupt Mutharika for five years.
After failing to get what his father wanted in the numerous alliances talks that he held with DPP and other parties, Atupele stood for president this year and failed again. Because Muluzi has always pushed for his personal interests without regard to the consequences of his actions on UDF, the party has moved from eighty-five members of parliament in 1994 to ten in 2019.
Since UDF got weaker in the 2019 elections and his son lost his seat in parliament, Muluzi has no bargaining power to remain relevant. The call for negotiations is just a quest to be relevant to DPP. You don’t have to trust my analysis. Just look at who is excited with the negotiations! It’s DPP! They know they will buy time and let the heat cool off.
Muluzi’s current political maneuvering has three goals. To save himself from the corruption trial, get Atupele a job and use the remains of UDF as a bargaining power to get what he wants. Muluzi is currently answering fraud charges of K1.7 billion ($12 million) which was deposited in his personal account during his presidency. The government alleges the money was public funds diverted to the former president’s personal account. Muluzi’s goal is to have his corruption case dropped by government. He is therefore stuck with DPP.
Muluzi has one more interest; to make sure that no person from the central and northern regions ever rule Malawi. This is one of the most unfortunate reasons why he covertly supports Mutharika. Any Malawian can become President if he is qualified, has ability to improve the economy and has the interest of Malawians at heart. Regionalism should always be condemned.
Muluzi’s call for negotiations is not in the interest of peace. It’s a delaying tactic to give DPP breathing space and achieve personal objectives. Such greed and time wasting should not be tolerated. Jane Ansah must resign without wasting time on unnecessary negotiations. Besides, there are people with more credibility than Muluzi who can hold real talks on the other electoral issues that Malawians are concerned with.
World renown Human rights activist Seodi White leads march in Support of Jane Ansah
Seodi Venekai-Rudo White a social development lawyer and women’s rights activist in Malawi organized a march in Blantyre on Wednesday that put-on T-shirts symbolizing their support for Malawi Electoral Commission (MEC) chairperson Justice Jane Ansah, who has faced calls to resign from losing presidential candidates.
MEC Credibility Is Damaged Beyond Repair Jane Ansah Celebrating DPP’s Victory..A Referee Celebrating “Manchester United Win, Ha Ha Ha How Will Arsenal Fans Feel”
When Electoral commission chairwoman, Justice Jane Ansah, announced the results on Monday in Malawi’s commercial capital, Blantyre. Malawi Opposition parties Malawi Congress party (MCP) and United Democratic front (UTM) were angered claiming she did not follow procedures and had already decided to claim the DPP which is her party the winner regardless of the evidence supporting their cries of stolen elections.
The announcement which came minutes after High Court Judge Charles Mkandawire lifted an injunction obtained by Chakwera’s Malawi Congress Party (MCP) to stop the commission from releasing the results of Tuesday’s vote.
Adding insult to injury as MCP and UTM supporters see it is Jane Ansah who has cultivated a hero’s following in the DPP has been taking selfie’s and posing with DPP cadets around the inauguration celebrations
United Democratic Front (UDF) President Atupele Muluzi, Thursday presented his nomination papers for President for the 2019 Tripartite General Elections.
Accompanied by his running mate Frank Mwenefumbo, who he unveiled during the ceremony, Muluzi said time is ripe for people to trust UDF to govern the country.
Malawi Electoral Commission (MEC), Chairperson, Justice Jane Ansah, recieved the nomination papers and advised the UDF to observe the code of conduct that Muluzi during the ceremony.
Mwenefumbo is a legislator for the Alliance for Democracy (AFORD) from Karonga.
Malawi Electoral Commission (MEC), Chairperson, Justice Jane Ansah, recieved the nomination papers and advised the UDF to observe the code of conduct that Muluzi during the ceremony.
Malawi Electoral Commission (MEC), Chairperson, Justice Jane Ansah, recieved the nomination papers and advised the UDF to observe the code of conduct that Muluzi during the ceremony.
Mwenefumbo is a legislator for the Alliance for Democracy (AFORD) from Karonga.
Malawi breaking news and World News. News about Malawi, Malawi Business, Malawi Tourism, Malawi Politics, Malawi News, World and Africa Top News.
Ansah lied many times that all the results displayed at the National Tally Centre were audited and verified before displaying them. However, the report indicates that MEC accepted and announced unverified results. The report also shows a lot of unresolved irregularities with some of them simply bordering on fraud. Yet during announcement of results, Ansah lied to the nation that the commission addressed all grievances and complaints.
