Malawi: Ready, Steady, Judgement Day Set for Malawi Election Case

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Judge's gavel.
27 January 2020

The Constitutional Court is ready to deliver its landmark ruling in the presidential election nullification petition case, Nyasa Times understands the determination will be pronounced by Monday February 3.

A panel of five judges comprising Ivy Kamanga, Dingiswayo Madise, Mike Tembo, Redson Kapindu and Healey Potani as chairperson set to deliver their decision

The five-judge panel comprising Healey Potani, Ivy Kamanga, Dingiswayo Madise, Redson Kapindu and Mike Tembo has a deadline of February 3 to issue a ruling on the case, which sparked violent protests since last year.

High Court of Malawi and Malawi Supreme Court of Appeal registrar Agnes Patemba insisted the ruling will be within 45-days from December 20 2019 with the deadline being Monday February 3.

To ensure peace and order prevail, the Judiciary is working with the security agencies - Malawi Police Service and Malawi Defence Force - for special arrangements on the judgement day.

Malawi Law Society (MLS) president Burton Mhango said the society could have loved if the judgement was delivered in form of a summary rather than reading it out in its entirety.

Accredited media houses such as Times, Zodiak will broadcast live the ruling.

In the case, two of the presidential candidates in the May 21 2019 Tripartite Elections--UTM Party's Saulos Chilima (the first petitioner) and Malawi Congress Party (MCP) candidate Lazarus Chakwera (the second petitioner)--want the court to nullify presidential election results over alleged irregularities, especially in the results management system.

Incumbent President Peter Mutharika of Democratic Progressive Party (DPP), who was declared winner of the elections, is the first respondent with Malawi Electoral Commission (MEC) as the second respondent.

Any party to the case can still appeal the Constitutional Court ruling in the Malawi Supreme Court of Appeal which will be the final arbiter in the matter.

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