Opinion

The Malawi Judgement Versus The Zambian One

Since the nullification of the Presidential Elections of President Peter Mutharika of Malawi, The Opposition in Zambia have been trying so hard to marry the Constitutional Court judgement in Malawi to the Constitution Court judgement of 2016 where Mr. Hakainde Sammy Hichilema petitioned the election of President Edgar Chagwa Lungu.

Infact Mr. Hichilema has issued a statement lampooning scorn and ridicule on the judges of the Constitution Court of Zambia in the wake of the judgement of the Constitution Court of Malawi.

HERE ARE THE FACTS

1. Malawi and Zambia are two different countries with two different Constitutions and two different Jurisdictions. It is therefore folly and unmerited for anyone to attempt to use the ruling in Malawi to attack the Zambian judiciary.

2. Unlike the Opposition in Malawi, Mr. Hichilema and UPND FAILED to produce any evidence before the Court to prove that the election of President Edgar Lungu was marred with irregularities or electoral malpractices.

3. Courts base their judgements on the evidence produced before them. Courts do not pass judgements based on Facebook rantings or mere accusations.

4. For 14 Days, Mr. Hichilema and UPND FAILED to produce any evidence to prove their claims of rigging. The only thing his gang of lawyers produced day in and day out were applications for preliminary issues; applications and not evidence.

5. The Court in Malawi based its judgement on the evidence that was presented before it by the petitioners. Where there is no evidence the Court rules in one way, and one way only, it throws a petition away. Mulandu ulibe mboni ni washautu!

The author is Antonio Mwanza, PF Deputy Media Director.

19 Comments

  1. Brics

    Before I even finished reading, I knew that the author is a pf cadre. If there has ever been an election with clear evidence of irregularities on earth, Zambia’s 2016 election is among the top most, unless one is looking at it from perspective of the beneficiary…..the pf.

    • Meema

      Antonio why are you and Chanda taking long to respond to the so-called Seer1, he has raised slot of serious issues. Let’s see if you have BALLS!

  2. Curtis

    We comend the Malawian govt, while it’s true that the jurisdiction of our courts and Malawi are different, comparisons can’t be ruled out completely. Why do we compare our economy with other countries economy when in fact use different currencies. Malawi con court ruled and the verdict was upheld and abided,while our con court ruled that ministers who held offices illegally when parliament was dissolved by the president in 2016 where told to pay back the allowances, but the ruling wasn’t abided to date.Isn’t this really worthwhile to compare Mr Mwanza?

  3. wiseman

    Comment
    The court gave a ruling,but unfortunately those whose duty it is to in force the ruling haven’t done their work.This sets a very bad precedence.

  4. john Jah

    Is this Blog a Pro PF Page or what? Check your Writings

  5. Mukwasu

    Mafikizolo’s willful blindness, Enjoy the trappings of power while they last. Uzalela.

  6. Bruno mars the moonshine jungle masters

    Foolish pf writer

  7. Fungwe

    Economic development begins with a positive mind. Malawi con court is really independent, amazing and has a positive dream over the future generation. Its important to appreciate what we see. We cant force our con court to be like that of Malawi when we know they are run by different groups of people from different backgrounds and upbringings.
    For now, i salute the law and order in Malawi.

  8. First Born

    Iweeh idiot author have seen since May 2019 up to the day of judgement.but here you gave HH only 14days look our brothers and sisters in Malawi is’t days or months rubbish constitution court.zambians too much corrupt when it comes to politics and so on

  9. SEE MIND (MWA)

    GOOD JOB MALAWIAN JUDICIALLY COURT.
    TO RERUN GE NOW OPPOSITION THIER CHANCE TO WIN ( CHAKWERA) 150 DAYS CPMPAIN PEACEFULLY !!

  10. Mr Man

    Zambia too much colluption economy is bad our leadership is too much selfish.

  11. Winnipeg Nyirongo

    KKKKKKKK, ANTONIO MWANZA!!!! FROM FDD TO PF!! WHAT A POLITICAL PROSTITUTE! THE 2016 GENERAL ELECTIONS WERE RIGGED HEAVILY. IF YOU WANT TO GET MORE INFORMATION, PLEASE ASK THE FIVE CHIEF JUSTICES IN ZAMBIA, STATE HOUSE AND THREE SPEAKERS OF THE NATIONAL ASSEMBLY. THEN COME BACK TO ME WE DEBATE. FOR YOUR OWN INFORMATION, THE 2016 GENERAL ELECTIONS WERE WON BY HAKAINDE HICHILEMA!!! THANKS!

  12. NZELU

    antonio! antonio! just keep quiet if you got nothing good to say the petition has stayed in malawi court for allmost a year,was that a case in our petition? hell no! what is 14days? what evidence can one produce in 14days? you are dull mr, mark my words pf cant rule zambia 4rever, one day it wil be out! kaya ni njala too much corruption in zambia

  13. Nicholas Bob

    Bravo Antonio Mwanza well spoken keep the same spirit

  14. mteyo mulombo

    CommentOur constituruin provided for 14 days to dospose of the matter, judges acted with due respect of the constition otherwise lets respect the law
    Mulombo

  15. Eric

    Comment
    I shilu lilesapota ishilu linankwe pafyabupuba to tell you the truth one day you’ll think Zambians are not fair enough to you

  16. Eric

    Comment
    I shilu lilesapota ishilu linankwe pafyabupuba to tell you the truth one day you’ll think Zambians are not fair enough to you Antonio mwanza remember that we once had unip, mmd and your time is up you will all cry like dogs seen a ghost at the middle of the night.

  17. Md Mulizya

    Dear author, you can state your opinion without sounding ridiculous! The malawi court actually heard the case. Our courts are proud to dismiss crirical cases on the face of technicalities. Even the judgement on 2021 eligibility has not really been determined because one person has not applied to stand yet! Like really? It is precedence and reference such a court of last resort must set. Kudos to the malawian court for the courage to even pass such a judgement. Even if it may be appealed, this will never take away from judges that have ensured justice was not only done but was seen to be done.

  18. zedoc

    Here is what Andrew Harding writing for the BBC says about what the annulment of the Malawi May 2019 election of Mutharika means for democracy across Africa:
    And what lessons will opposition parties across the continent draw from Malawi?

    Many, with good reason, are now celebrating the success of their counterparts there.

    Some may conclude that the route to power lies through legal challenges and sustained, and sometimes violent street protests.

    But that would be premature, and perhaps even counterproductive.

    “The bigger lesson for opposition parties – yet to be fully tested in Malawi, but already apparent from DR Congo and many other countries – is that sustained success requires difficult compromises, patient coalition-building, solid policy platforms, and a willingness to reach beyond narrow ethnic or regional strongholds.”
    I wish HH and other opposition leaders in Zambia can reflect on this advice from Harding.

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