Politics

Peter Mutharika Was Not Duly Elected As President of Malawi

The Constitutional Court in Malawi has delivered a Landmark verdict saying Professor Peter Mutharika was not duly elected as President of Malawi.

✓ The Court orders that Vice President Everton Chimulirenji is no longer vice president

✓ The status in the Presidency including the office of the vice president reverts to what was prior to 21 May, 2019 elections.

✓ Fresh elections should be held within 150 days including Saturdays and Sundays as well as public holidays.

✓ The Court ruled that an election is not free and fair if the body managing the elections fails to count for missing votes; if result sheets are replete with alterations made in absence of monitors; if electoral management body fails to preserve electoral materials used in the polls which are essential for resolution of disputes; and if the process of reconciliation of ballots and votes is compromised as was case with May 21 elections.

✓ The Court has found that Malawi Electoral Commission failed to have important occurrences at polling stations recorded in log books in accordance with electoral laws. MEC also contravened electoral laws by dispatching log books to illegal centres and by proceeding to determine the national results without receiving all record log books from all districts. These record log books are necessary to MEC’s funcvtion as a tribunal when it begins to handle electoral disputes.

✓ The Court noted that If the electoral process is followed, it cannot lead to careless alterations on result sheets as was the case with the May 21 elections. Any discrepancies are supposed to be noted as part of records and not corrected at no location other than the national level. This lessens the number of persons who should tamper with original documents. Regrettably as it happened in this case, the result sheets were altered under cloudy circumstances where political party representatives were not available to witness the changes. What resulted out of the process cannot be trusted. There is no basis for the electoral management body to trust such results.

✓ The Office of Director of Public Prosecutions has said it will prosecute MEC warehouse manager Mr. Makwete for lying to the Court.

Source: Malaw24

Copyright © 2020 ZR.

 

22 Comments

  1. Man of substance

    If it was in Zambia it could have been a thrown out case

  2. Ichinyo ukufita

    Shame on Zambian constitutional court

  3. mr zed

    yes shame on zambian con court nowander a london judge said there is no justice in zambian courts useles

  4. nene

    Amafisa kanwa ukufwaya ukunonka ecilenga mucalo cesu,no wonder why we have become a laughing stock everywhere kesekwa nakufipuba

  5. Nicholas Bob

    Thanks for Malawi court that the it should be, keep the same spirit

  6. Jms

    Educated /God fearing people have an up hand in right judgment, may some learn from it. We don’t force because forced are those without these two features.

  7. Sosa

    The Zambian con court judges are just a bunch of pf cadres masquerading as judges but in real sense they are a bunch of thieves trying to cause anarchy in the country.

  8. BLSimpamba

    In Zambia we call ourselves christians but our christian morals does not match,as how a christian should behave.Those in authority are all corrupt.Let’s emulate our brethrens& sisters in countries who are genuine democrats

  9. hero

    Great news for Africa, if it was in another part they would have notified the president first to make some emergency changes

  10. Zalila phiri

    In malawi justice has moved like water. Shame to neighbours of malawi

  11. Man of substance

    If it was in Zambia it could have been a thrown out case and Nene dear you are right selfish is a biggest problem here in Zambia

  12. sense

    cant believe this if it was in chambia ati petition flown out,the courts are full of pf thugs, ecz, police, after 2021 chambia wil be called republic of PF

    • Davies

      Our judges in zambia ar not professional they ar all pf, never expect the oposition to win the case, avyakulola vye.

  13. Misheck ng

    Shame zambian judge! Have you seen respect was received H PORTAN

  14. Bombshell

    Thumbs up the to great judges of Malawi.when I heard that Malawi con court to rule on Presidential petition,what pricked my mind was that as per African culture,the court can’t rule against the employer.but little did I know that Malawi is different from many African countries.I salute these Galant & fearless judges

  15. Gmk

    zambian judges, their are dumb shits. congrat malawi.

  16. Kcm

    He is not the only illegally on the sit even the one in fimofimo.imagine from may upto date but the case went on,not Zambia 14 days not well described by the constitution to the extent that our judges fail to interpret it.

  17. Curtis

    Well done Malawi con court at least no one will call you commen court. Justice has prevailed. This is what is needed to avoid pertitions and dragging cases.

  18. Herv Rena

    The problem in Zambia is that the President has too much power extending into the Judiciary.For instance chief justice is appointed by the president.What action can he or she take contrary to state?

  19. Sparta

    This shud be an eye opener 4 other African Countries!

  20. Mponda

    Peter wamutarika must be barred and prosecuted. My prayer is for HH to win in 2021 and prosecute the criminals in PF

  21. Angoni

    This is the waste of money and time for the nation of Malawi because whatever the case Dr Peter Mutharika will still go to win the election even after a rerun. The coming election will still have the same challenges as before,we will see if the same judges still go on to nullify those elections. In Africa we need to invest in electronic voting systems that will count automatically the moment a voter votes up to the last vote. Today these judges might be heroes but with time i doubt whether this will change anything. For now lets wait and see for time will tell. This is Africa friends.

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