The DPP applied to the court seeking for nullification of the 2020 Fresh Presidential Elections based on the High Court of Malawi ruling that its MEC Commissioners were declared incompetent; yet they presided over the elections that saw Dr. Lazarus McCarthy Chakwera emerge winner; arguing that if the Commissioners were illegal, their decisions cannot be legal.
Judge Dingiswayo Madise referred the matter to the Constitutional Court for certification as a constitutional case meaning that the Chief Justice will again appoint a set of five judges to preside over the matter just as he did with the nullification of the May 2019 elections where the Constitutional Court declared former President Professor Peter Mutharika not duly elected as President of Malawi.
Professor Peter Mutharika has not conceded defeat, but is blaming the Malawi courts and its judges for organizing a coup with the MCP and Civil Society Organizations [CSOs] to oust him from power in favor of their candidate, the incumbent Malawi President, Dr. Lazarus Chakwera.
Speaking in Mangochi at his residence, Professor Peter Mutharika stated he was robbed of the elections victory by the judges, saying one of the judges who he did not name confided to him that the court was unjust and that the conspiracy to oust him from power started way back in 2017.
As the matter is before the Chief Justice for another landmark ruling after the 3rd February 2020 ruling which ordered Malawi to go into Fresh Presidential Elections on 23rd June 2020, both the Tonse Alliance and DPP do not know what will happen after the court ruling since they are all optimistic that the ruling will be in their favour.
Chief Justice Andrew Nyirenda SC is quoted in the media having asked the MDF to provide security to the five judges who will be presiding the matter before, during and after the elections case ruling since the nullification will not be just for the Presidential Elections but for all the subsequent by-elections for parliamentary and Local Government Elections presided over by incompetent MEC Commissioners.
Former President Professor Peter Mutharika needs also to be provided with MDF security on the assumption that if the court is to nullify the 2020 elections, he will be the President of Malawi until another court sanctioned election is held in Malawi.
One of the social media commentator’s in Law, Lord Denning QB writing on his official Facebook page says any expectation that the court will nullify the 2020 Fresh Presidential Elections is a waste of time, assuring Malawians that the views he is holding represent the immutable fact of the circumstances.
“…Any expectation that the DPP will win on any claim in their case, is a waste of time…,’’ reads the writing of Lord Denning on the wall.
On his part, a-Law Professor based in Cape town, South Africa, Danwood Chirwa writing on his Facebook page said the former President Professor Peter Mutharika acted irrationally by disrespecting Public Affairs Committee of Parliament and courts in appointing the disqualified MEC Commissioners, DPP chose to nominate candidates whose competence had been called to question by the courts.
Professor Chirwa said Professor Mutharika made it impossible for the Commission to be properly constituted by the time of the election, saying MEC Commissioners never challenged the conclusions and recommendations of the Public Affairs Committee of Parliament, fearing that Mutharika who is already facing with huge cost orders, DPP could go bankrupt after this case.
By Vincent Gunde