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Moment of truth

The wait is over. The High Court of Malawi sitting as the Constitutional Court has set February 3 2020 as the day of delivery of judgement on the presidential election nullification petition case.

The day is the last of the 45 days the five-judge panel comprising Healey Potani, Ivy Kamanga, Dingiswayo Madise, Redson Kapindu and Mike Tembo set when concluding hearing the matter on December 20 2019 as the period within which the long anticipated ruling would be delivered.

In a statement yesterday, High Court of Malawi and Malawi Supreme Court of Appeal registrar Agnes Patemba said the judges will deliver their ruling from 9am in Lilongwe.

Patemba: Access to court will be strict

She said access to the court premises will be strictly for people with access cards while the public will be restricted to a distance of 150 metres from the court’s perimeter fence.

The pending court decision has created anxiety and tension among the citizenry if posts on social media platforms are anything to go by. Through the posts, people are sharing tips on how to be safe and advising one another to stock up essentials such as foodstuffs, fuel and prepaid electricity and water units.

Such fears could be attributed to a series of post-elections demonstrations led by Human Rights Defenders Coalition (HRDC) which, at times, turned ugly, especially in Lilongwe, Mzuzu and Karonga where some people looted shops, damaged property and injured others.

HRDC held the series of nationwide demonstrations to force the resignation of Malawi Electoral Commission (MEC) chairperson Jane Ansah and her commissioners for allegedly presiding over a flawed electoral process fraught with irregularities.

Spot checks in Lilongwe hours after the official announcement of the date yesterday showed that some businesses, including those that normally operate up to late hours, were closed by 6pm in Old Town.

Through social media platforms such as Facebook, Twitter and WhatsApp, people are expressing fears of security. Some employees are also hoping for what they call “long weekend”, an indication they may not report for work on Monday.

In a telephone interview yesterday, Independent Schools Association of Malawi (Isama) president Joseph Patel advised school management in hotspot areas to take precautionary measures to ensure the safety of learners.

Ministry of Education, Science and Technology spokesperson Lindiwe Chide said the ministry would communicate on any developments relating to school attendance on the day. She could not expressly indicate if public schools will be on holiday.

But in separate statements yesterday, Malawi Police Service and Ministry of Information, Civic Education and Communications Technology assured the public of safety. They said security agencies will be on alert to deal with any chaotic situation during and beyond the day of judgement.

In his statement, Acting Inspector General of Police Duncan Mwapasa said: “The Malawi Police Service would like to assure all the citizens that it has put in place necessary measures to control any acts of violence before, during and after the court judgement to ensure that law and order is maintained in the country.

“Any person or group planning to cause unrest during this period will be dealt with…”

Minister of Information, Civic Education and Communications Technology Mark Botomani, on the other hand, urged the public to respect the rule of law and the judges’ decision.

The minister, who is the official government spokesperson, said: “Government is aware that this ruling will attract different reactions. As such, the State security organs are well-prepared to keep the peace that the country has safeguarded and enjoyed for many years.

“Government urges all political parties to respect the rule of law and the Judiciary which is an independent arm of government. Sobriety and patriotism are key ingredients to peace during this period. We only have one Malawi and destruction of the country is counterproductive.”

Malawi Defence Force spokesperson Major Paul Chiphwanya refused to disclose any security plans, saying they are not for the public to know.

On their part, two of the three political parties involved in the case—Democratic Progressive Party (DPP), Malawi Congress Party (MCP) and UTM Party—have welcomed the setting of the date of judgement and appealed for calm.

UTM Party spokesperson Joseph Chidanti Malunga said: “UTM believes in the rule of law and we will adhere to the ruling.”

MCP spokesperson the Reverend Maurice Munthali also said his party will remain calm during and after the verdict as long as justice prevails.

When contacted yesterday, presidential press secretary Mgeme Kalilani said President Peter Mutharika of DPP, who is the first respondent in the case, already spoke through a statement released by his lawyers on Saturday.

In the statement signed by former minister of Justice and Constitutional Affairs Samuel Tembenu, Mutharika said he believes that the Judiciary should be allowed to decide the case without pressure, inducements or any extraneous factors.

In the case, two of the presidential candidates in the May 21 2019 Tripartite Elections—UTM Party’s Saulos Chilima (the first petitioner) and Lazarus Chakwera of MCP (the second petitioner)—want the court to nullify presidential election results over alleged irregularities, especially in the results management system. Mutharika, who was declared winner of the elections, is the first respondent with MEC as the second respondent.

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