The Supreme Court in Malawi is set to begin hearing an appeal filed by President Peter Mutharikaagainst an earlier judgment annulling the results of the May 2019 presidential elections that returned him to power and ordering for a re-run scheduled to hold July 2nd.
The Constitutional Court had in February this year, annulled the results of the 2019 presidential polls and ordered for a re-run within 150 days. Citing widespread election fraud and irregularities with specific reference to the use of correction fluids on tally sheets, the court not only called for the annulment of the election and a re-run but also called for an investigation into the conduct of the electoral commission and for parliament to make certain amendments to the country’s electoral laws.
In response to the landmark ruling which marked the first time a presidential election had been challenged on legal grounds in Malawi since its independence, Mutharika proceeded to the Supreme Court, accusing the Constitutional Court of bias against him.
Mutharika’s appeal papers also say the judges “erred in law”, asking for the Supreme Court to reverse the judgment which he also described as “a serious miscarriage of justice and an attack on the foundations of the country’s democracy.”
In a similar vein, the Malawi Electoral Commission (MEC) also appealed the Constitutional Court ruling with its Chairwoman, Jane Ansah, accusing the Court of overstepping in its powers by ordering parliament to amend electoral laws.
Among the amendments which parliament has passed on the Court’s order but is yet to be assented by Mutharika is one that requires a more than 50 per cent majority for a winner to be declared. Recall that Mutharika had one at the polls with just 35.8 per cent of the vote with his runner-up, Lazarus Chakwera of the Malawi Congress Party (MCP) losing by just 159,000 votes.
The 7-judge panel has two weeks to deliberate the case. Members of the panel include Justice Edward Twea, Justice Anaclet Chipeta, Justice Anthony Kamanga, Justice Frank Kapanda, Justice Renzine Zikamanda, and Justice Lovemore Chikopa, who replaces Justice Dunstain Mawaingulu.
