United Nations Development Programme (UNDP) Chief Technical Advisor, Richard Cox, has urged all election stakeholders to draw lessons from the 2019 nullified election and make sure that such an occurrence never repeats itself in the future.

He says the events after the 2019 elections were a threat to national unity and must be avoided.

High court sitting in Lilongwe is this morning expected to provide its ruling on a plea by some concerned citizens to have the May 2019 Parliamentary and local elections results nullified.

The case is currently joined by a total of 42 sitting Parliamentarians.

Malawi Law Society (MLS) is objecting a request from Malawi Electoral Commission (MEC)  to hire South African lawyers to help them in the election court case.

In a memorandum to members, honorary secretary Martha Kaukonde said they have come out with four grounds on objection to the admission of South African lawyers.

“The procuring entity appears not to have complied with the Public Procuremetn Act when enganging the foreign counsel,” she said.

She added that the Electoral Commission did not comply with the Public Fiance Management Act,  Regulations and Constitutional guidelines when hiring the foreign lawyers.

“The agreememt to pay the sum of US$788, 300 apperas not to be in line the prescription of affair and  reasonable charges prescribed under the Legal Education and Legal Practioners Act and Rules,” she said.

According to MLS vice chairperson Patrick Mpaka, the Public Procurement and Disposal Assets Authority failed to justify why MEC was allowed to use singe source procurement in the recruitment of the lawyers.

He also said MEC failed to provide proof of funding, as procurement entity, prior to the hiring the foreign lawyers and did not comply with Public Finance Management Act.

The lawyres’ body has asked court that the financial transaction involved in the hiring of the South African lawyers should be declared illegal.

MEC wants to use South African Lawyers; Dumisa Buhle Ntsebeza and Elizabeth Makhanani Baloyi Bere, in the electoral case appeal.

The European Union (EU) ambassador to Malawi Sandra Paesen, has said the final report on Malawi’s 2019 Tripartite Elections will be released after all legal proceedings regarding the elections are concluded.

The European Union Election Observer Mission decided to deliver the report in January this year but it was put on hold after the politicians and other stakeholders protested against the action saying it may affect the election court case ruling that Malawians were expecting in February.

The ambassador was asked if the report has been Released, she said no because “important legal proceedings are not over yet.”

On 3 February, the Constitutional Court nullified the presidential polls saying there were many irregularities that affected the end result of the polls.

Later, President Peter Mutharika and Malawi Electoral Commission filed appeals at the Supreme Court of Appeal and the court will start hearing the appeal next month.

Malawi electoral Commission (MEC) Commissioner Clifford Baloyi has stressed that the electoral body is competent as the elections were free and fair.

Baloyi said this yesterday when he appeared before the Parliament Appointment Committee to be assessed of his competence regarding of the role he prayed in the nullified May 21, 2019 presidential elections.

In his explanation Baloyi said the use of correctional fluid Tipp-Ex did not affect the results and that the elections were not marred with irregularities as claimed by other parties.

“The elections were free and fair and the use of tippex did not affect the results,” said Baloyi.

He further added that he was surprised with the ruling given by the Constitutional Court which nullified the presidential elections.

“I was very surprised with the Constitutional Court Judgement on 3 February which nullified the 21 May presidential elections results saying MEC did not manage the elections properly. I was very surprised because we as MEC we run a satisfactory, free and fair elections”, Baloyi said.

During the hearing, Baloyi confirmed that some ballot papers were printed locally but was not aware who printed the ballot papers

The Public Appointments Committee of Parliament has been meeting with MEC commissioners starting from last week to inquire into their competence in managing elections.

On Tuesday, the hearing was stopped for a few minutes due to misunderstanding that erupted between PAC members as some wanted the committee to come up with a verdict on last week’s hearing before interviewing Baloyi.

Finally, Malawi Electoral Commission (MEC) Justice Jane Ansah has given a hint on the calls of her resignation calls she has been receiving from different stakeholders across the country for the past nine months.

Ansah said this as she appeared before Parliament Appointment Committee as the committee was assessing her competence in the May 21, 2019 nullified presidential elections case.

“I will resign if the Supreme Court finds me wrong,” Ansah said

Ironically, since the calls to her (Ansah) resignation erupted for the past 9 months, she has been saying she would resign if the court (meaning constitutional Court) finds her wrong.

On February 3, 2020 the Constitutional court hearing the presidential elections case nullified the presidential elections in which Ansah-led MEC declared President Peter Mutharika winner.

Ansah’s remarks have come at a time where the Human Rights Defenders Coalition (HRDC) is planning to hold a mass demonstrations dubbed ‘operation MEC shutdown’ with an aim of moving Ansah out of MEC premises

Parliament Appointment Committee has now finished assessing the competence of Ansah on her role in last year’s presidential elections the exercise which started on Monday.

Chairperson for the electoral body Malawi Electoral Commission (MEC) Justice Jane Ansah has maintained her stand with confidence that no electoral law was breached even after using the correctional fluid, Tipp-Ex.

Ansah sad this as she is appearing before the Parliament Appointment Committee which summoned all commissioners of MEC to assess their competence in the May 21, 2019 presidential elections which the Constitutional Court just nullified.

According to Ansah, Tipp-Ex was used to correct the errors made during the elections and not to alter as most people have been putting it.

When asked if the correctional fluid was used in all elections Ansah without hesitation confirmed.

“Yes Tipp-Ex was used in all the elections” Ansah admitted.

Ansah also trashed claims by Commissioner Mary Nkosi that she (Ansah) made some unilateral decisions without consulting the other Commissioners.

Ansah claims all decisions were made collectively.

Lawyer for the second petitioner in the presidential election polls case Mordecai Msiska has objected the granting of a stay order arguing the respondents have failed to state reasons for the application.

Msiska said this when he took the floor to challenge the argument by Malawi Electoral Commission (MEC) to stay the ruling of the Constitutional Court which nullified the May 21, 2019 presidential elections.

According to Msiska, the law is clear that Peter Mutharika will continue to be in office until another fresh election is held as ordered by the Constitutional Court on February 3.

Msiska further describes the cost worries on holding the fresh election as irrelevant arguing there is no personal cost loss peculiar to Mutharika.

He adds all parties will be affected by the cost in their campaigns hence objecting the stay order.

Lawyer for the first petitioner in the presidential election case Khumbo Soko has asked the Constitutional Court to suspend the Attorney General Kalekeni Kaphale as legal council for Malawi Electoral Commission (MEC).

Soko made the request as the panel of five judges presiding over the case is hearing a case in which MEC has applied for a stay order of the ruling by the court which nullified the May 21, 2019 presidential elections.

According to Soko, there is no legal authority which is allowing him (Kaphale) to represent the commission.

He further argues the AG is supposed to be impartial and a custodian of the Constitution.

Again, Soko calls on the Court to consider if MEC’s appeal against the ruling is in national interest or for its own sake.

Public Appointments Committee is meeting Malawi Electoral Commissioners over the findings of the Commissions conduct in the May 21, 2019 elections following Constitutional Court’s decision to nullify the polls.

This morning MEC commissioner Bishop Mary Nkosi has been summoned by the Public Appointments Committee.

Bishop Nkosi has however conceded that the electoral body failed in conducting the elections and that they rushed in announcing results which were wrong.

“You have asked me if MEC failed in these elections, I will answer with conscious, yes we failed. The best way to handle the matter was to rush to court and seek extension of time for us to have time to investigate the Tipp-ex, alterations etc. However, we rushed announce the results which was wrong,”

Bishop Nkosi, has told the committee that before the elections were challenged, the Commission thought it had done conclusive work up until the matters were brought before the court.

She said the commissioners were also shocked that correction fluid, Tipp-ex, had been widely used to correct data.

In the wake of the Constitutional Court ruling that nullified results of the 21 May 2019, polls, PAC has embarked on an exercise of summoning MEC Commissioners to explain their role in the whole electoral process.

The court had admonished the Commissioners of failing to professionally manage the elections, something that has led to an uproar over the competence of the Jane Ansah led Commission.

The Executive Director for Youth and Society (YAS) Charles Kajoloweka has asked parliament to summon international election observation mission to account for their role in the nullified presidential elections.

The call has been made following Constitutional Court’s decision to nullify the May 21, 2019 presidential elections in which a Democratic progressive Party (DPP) candidate Peter Mutharika was declared winner.

After Malawians went to cast their votes and the electoral body Malawi Electoral Commission (MEC) declared Mutharika winner, international observers applauded the electoral process describing it free, fair and credible.

However, Mutharika’s victory was not well received by a lot of people including his two competitors United Transformation Movement (UTM) President Saulos Chilima and Malawi Congress Party (MCP) leader Lazarus Chakwera who went to court challenging the presidency.

Chilima and Chakwera, petitioned to court seeking nullification of the May 21, 2019 presidential polls arguing that the whole electoral process was marred by serious irregularities hence questioning authenticity of the results.

On February 3, 2020 the Constitutional Court presided over the case nullified the presidential results arguing that the winner was not duly elected also failing MEC for failing to manage the elections.

By Misheck Msumba

Speaker of National Assembly Catherine Gotani Hara says Parliament will start deliberating Constitutional court orders pertaining to fresh election starting next week Monday, when the August house starts meeting.

Hara also says Public Appointments Committee of Parliament will start meeting tommorow, Friday to look into appointment authority of MEC Commissioners as to MEC it clear who is appointing authority of MEC as ordered by the Concourt.

She says Parliament will even be meeting weekends to meet a 21 days of the court order on the directives.

Hara says the court Interpretation to have a 50+1 system in presidential election already exists in the Malawi’s Constitution. As the Parliamentarians will just enable some gaps into the system of 50+1.

She says for example, the August House will look into how many candidates will have to contest in the event of a rerun in accordance with the 50+1 and when will a rerun be done.

Malawi Congress Party (MCP) former legislature for Blantyre South East Moses Kunkuyu has said court ruling which went in favor of the petitioners, was deserved.

Kunkuyu said this following yesterday’s victory attained by united Transformation Movement (UTM) President Saulos Chilima and Lazarus Chakwera of Malawi Congress Party (MCP).

Kunkuyu has further urged Malawians to move forward and develop the country.

Yesterday Constitutional Court nullified the May 21, 2019 presidential elections result and ordered for new elections.

Fresh elections will be conducted within 150 days.

South African opposition party Economic Freedom Fighters (EFF) has applauded Malawian judges who presided over the May 21, 2019 presidential elections case for letting democracy to reign.

EFF sentiments came in following Constitutional Court’s decision to nullify the polls which saw President Peter Mutharika a winner.

In a press statement made available to Face of Malawi, EFF has called on Malawians, political leaders and the independent electoral body to comply with the court ruling as fresh elections are looming.

“We call on all political parties, together with the independent electoral commission to comply with the ruling and proceed to conduct, free, fair and credible elections,” reads part of the statement.

According to EFF, no one should be allowed to preside over a country through irregular elections, arguing that elections are a key to determine the will of people.

Yesterday, a panel of five judges nullified the presidential elections and has ordered for a fresh elections.

Zimbabwe leader of opposition Nelson Chamisa has hailed the Malawian judiciary for the bold move they have taken to nullify the presidential elections held on May 21, 2019.

Writing on his twitter handler while congratulating the people of Malawi, Chamisa said the judiciary has shown courage to nullify the rigged elections.

“I wish to congratulate people of Malawi on historic verdict of their judiciary which has shown courage to nullify the rigged elections,” writes Chamisa.

According to Chamisa, it is possible to “correct wrong politics only if institutions retain independence and professionalism.”

Urging African organizations, Southern Africa Development Community (SADC) and African Union (AU) not to rush to endorse elections.

Yesterday, Constitutions Court nullified May 21, 2019 presidential elections as the said winner of the disputed elections a Democratic Progressive Party (DPP) candidate Peter Mutharika was not duly elected.

Meanwhile, messages of congratulations are continuing pouring in from various African leaders on the historic ruling by the Malawi Constitutions Court which has annulled the polls.

Messages of congratulations pour in from various Africa leaders on the landmark ruling by the Malawi ConCourt which has annulled May 21 2019 presidential election. Zimbabwe’s opposition MDC leader, Nelson Chamisa has urged SADC & AU not to rush to endorse elections.