The High Court of Malawi has rejected a last-minute attempt by President Lazarus Chakwera and Malawi Congress Party (MCP) to stop announcement of presidential election results in the September 16 General Election.
Presiding High Court Judge Howard Pemba dismissed the application in Lilongwe yesterday, but granted Chakwera and MCP permission to apply for judicial review on the matter.
Court documents show that Chakwera and MCP wanted a court order and judicial review over the alleged failure or refusal by Malawi Electoral Commission (MEC) to determine the party’s complaint on alleged electoral irregularities.
But in his brief hand-written judgement at the bottom of the application, Pemba said: “Permission to apply for judicial review is granted. However, an order restraining the respondent [MEC] from declaring/publishing final presidential results is not granted.”
of final results: Chakwera. | Mana
In an interview last evening, Judiciary spokesperson Ruth Mputeni said the decision means MEC is at liberty to proceed with declaration of results.
“What has been granted is permission to apply for judicial review, but not the order to stop announcement of results. MEC is therefore at liberty to proceed with the announcement of results,” she said.
MEC director of media and public relations Sangwani Mwafulirwa, speaking last evening at the National Tally Centre at Bingu International Convention Centre in Lilongwe, said the commission was not served with any injunction. His announcement followed murmurs over the matter at the centre.
“Today, the commission will not make any announcements as it is busy making final touches so that the results announcement is done at 2pm tomorrow [today],” he said.
In its query to MEC, MCP, among others, presented cases on Mangochi South West and Blantyre Mbayani-Mussa-Magasa constituencies where the figures on the manual tally sheet and the printed tally sheet are said to be different for the presidential vote.
Further, MCP argues that in Nkhotakota Mkhula Constituency the results shown on the MEC tally sheet are different from the aggregation of the results depicted on the result sheet of every polling station.
Political pundit Wonderful Mkhutche said the impending election defeat has disorganised the party; hence, the manoeuvres.
“But they have to know that Malawi is greater than them. They need to accept the defeat and move on. 2. During the campaign, President Lazarus Chakwera said the loser should accept the result and move on. This is what they need to do,” he said.
On his part, Political Science Association spokesperson Mabvuto Bamusi said while MCP has the right to seek legal interventions, the efforts to get an injunction portray a desperate attempt to frustrate the will of the people.
George Chaima, a governance pundit said if MEC fails to consider Chakwera’s petition, he must present a legitimate case to the court but not to restrain MEC.
“Restraining MEC means restraining Malawians. We don’t belong to him and his party, Malawians belong to a nation called Malawi. He holds no title or warrant to cling to power,” he said.
With just 12 councils out of 36 left to be declared, the pattern suggests that Democratic Progressive Party presidential candidate Peter Mutharika, the country’s immediate-past president, is consolidating an unassailable lead with over two million votes against about 800 000 for Chakwera, the MCP torchbearer and incumbent.
