By Our Correspondent, Lilongwe MALAWI
The Constitutional Court of
Malawi has thrown out applications by Malawi Electoral Commission (MEC) and
President Peter Mutharika’s applications for stay of the 3rd February ruling
that nullified the 2019 Presidential Elections.
The Constitutional Court of Malawi judges |
The court
delivered its ruling this afternoon in Lilongwe following a hearing on
Wednesday morning.
In his
application, Mutharika argued that his constitutional rights will be infringed
upon if the appeal at the Supreme Court succeeds and the stay is declined.
Mutharika also argued that he will lose money in campaigning for fresh
elections if the elections are held but later his appeal succeeds.
The
court, however, ruled that citizens also have the right to be governed by
people elected through due electoral process and these rights are more
important than the rights of those who voluntarily decided to be candidates in
an election.
The court
also dismissed Mutharika’s argument that there would be chaos if the fresh
elections produce a different president and his appeal at the Supreme Court
succeeds since there would be two presidents.
According
to the court, it is highly unlikely that the fresh elections will take place
before the Supreme Court of Appeal makes its determination on the appeal filed
by MEC and President Peter Mutharika (pictured).
“In the
unlikely event that elections take place before the appeal is determined, there
will not be chaos as suggested by the respondent (Mutharika) because the
Supreme Court of Appeal will exercise inherent powers to make consequential
orders to reflect the proper constitutional order in relation to the
presidency,” the court said.
In its
application, MEC argued that fresh elections will cost K43 billion and this
amount will not be recovered if the MEC’s appeal at the Supreme Court succeeds.
However,
the court ruled that MEC will not use its money and cannot contend that it will
suffer loss.
“If any
loss is to be suffered, it will be the people of Malawi who would have suffered
such a loss as a consequence of the second respondent’s (MEC) mismanagement of
the May 21 presidential elections,” the court said.
The court
then dismissed MEC’s application for the stay of the 3rd February ruling.
Speaking
after the ruling, Khumbo Soko, one of the lawyers for Saulos Chilima who is one
of the petitioners, said the decision is a continuation of the monumental
decision handed out last week.
“We are
glad that the court has thrown out the applications,” said Soko.
On his
part, Mutharika’s lawyer Charles Mhango said he will await guidance from his
client. – Africa
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