COURT SAYS NO TO MEC INTERFERENCE, vacates earlier injunctions
Kabwila bang heads during a press conference yesterday
The High Court in Lilongwe yesterday ruled that the Malawi Electoral Commission (MEC) can go ahead to conduct an audit of the May 20 Tripartite Elections results without interference in its decision until a judicial review is heard.
Judge Ken Manda granted the order staying the execution of the order Democratic Progressive Party (DPP) presidential candidate Peter Mutharika sought on Sunday ordering MEC to release results of the presidential election pending a judicial review on the recount of ballot papers.
But the new order has come after political parties agreed in principle to audit the centres where MEC noted glaring anomalies which required a recount, a development DPP has vehemently protested.
Manda, a judge of the High Court’s Commercial Division, cited Section 76 (4) of the Constitution which states that MEC should act without direction or interference from other authorities.
Said Manda in his determination: “The court observed that the Electoral Commission in consultation with political parties concerned having decided to conduct a physical check or audit of the results, the courts cannot decide otherwise as such conduct is deemed to be telling the Electoral Commission how it should proceed with its work.”
In effect, Manda’s order has also cancelled the May 25 order Mutharika obtained from newly appointed High Court Judge Lloyd Muhara to continue announcing the results of the presidential election.
The stay order on DPP’s order, Manda said, until the determination of the inter partes summons to discharge the stay is to be filed within 48 hours.
Added Manda: “The court further noted that considering that there are now several court cases relating to the May 2014 Tripartite Elections, it is recommended that the Registrar [of the High Court of Malawi and Malawi Supreme Court of Appeal] should consolidate all matters pertaining to the determination and announcement of May 2014 presidential elections.”
The order vacating the injunction has also added Malawi Congress Party (MCP) president Lazarus Chakwera as an interested party in the matter.
Meanwhile, MCP has said it would continue to explore various means, including courts, to ensure that the independence of MEC is not impeded through the various court orders obtained to prevent an audit of the tripartite election results.
I’ve lost direction to the whole thing,is this a play?
MANDA IS NORTHERNER,always a foe against lomwes, munya muona if it were JB winning you would not support the recount.
Malawians, lets stop wearing our tribal spectacles for once; being northerner or not should never be an issue here, but what the law says!The majority do not want JB – most of us would be happier with any other leader OTHER THAN JB. Chonde, tiyeni tiwapatse nthawi ndi mpata a MEC agwire ntchito yawo pawokha as the Judge Ken Manda observed!