Court hears MEC top job challenge
The High Court of Malawi has reserved its ruling in a matter in which opposition Democratic Progressive Party (DPP) is challenging the appointment of Andrew Mpesi as Malawi Electoral Commission (MEC) chief elections officer (CEO).
Up on hearing oral submissions from DPP and MEC represented by Attorney General Thabo Chakaka Nyirenda, presiding Judge Mandala Mambulasa reserved the court’s determination.
In the matter, DPP wants the court to give it permission to commence a judicial review and grant an order stopping Mpesi from executing his duties.
The party argues that MEC violated Section 12 of the Malawi Elections Act by appointing Mpesi, who the party claimed is a Malawi Congress Party supporter.
Through its lawyers led by Felix Tambulasi, DPP argued that in the advertisement for the MEC CEO vacant post, the commission emphasised that the candidate should be apolitical.
He read some posts purported to have been made by Mpesi, shared before his appointment on Friends of Reverend Lazarus Chakwera for President Facebook page.
Said Tambulasi: “Just a day before the 2019 Tripartite Elections, Mr. Mpesi also posted on his Facebook wall that ‘I will vote to make Chakwera President tomorrow”.
But in his submission in opposition, Nyirenda, among others, argued that DPP has no sufficient interest in the matter.
On his part, Mpesi’s lawyer Justin Dzonzi told the court that if the allegation of political bias is based on social media, independent bodies such as USAid which were involved during the recruitment process should be engaged.
But in response to the defendants’ arguments, Tambulasi said: “The present scenario here is like taking Yona Malunga who is a well known Wanderers supporter to officiate a football match between Nyasa Big Bullets and Mighty Mukuru Wanderers.”
Mpesi’s appointment followed the resignation of Sam Alfandika who presided over the disputed 2019 Presidential Election which was nullified by the High Court.
Before his appointment at MEC, Mpesi worked for USaid- Malawi office as a governance specialist responsible for elections and parliamentary portfolio.n
