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Court dismisses election dispute appeal

Publish date: 19 August 2019
Issue Number: 837
Diary: IBA Legalbrief Africa
Category: Malawi

The Malawi Supreme Court of Appeal has rejected an attempt by President Peter Mutharika and the Malawi Electoral Commission (MEC) to prevent the Constitutional Court judges from hearing disputed elections cases. The bid to dismiss the case on technical grounds was rejected by the High Court sitting as the Constitutional Court on 22 June but Mutharika and the MEC filed an appeal. The Nyasa Tmes reports that the Bench of seven judges led by Chief Justice Andrew Nyirenda rejected the appeal bid with costs. ‘Our answer is yes, these matters are appealable under provisions 21 and 23,’ Nyirenda noted. Legalbrief reports that Mutharika, leader of the ruling Democratic Progressive Party, was re-elected after narrowly defeating Lazarus Chakwera, of the MCP. Chakwera alleges he is the rightful winner of the election, calling the result that saw him losing by 159 000 votes ‘daylight robbery’. The opposition has claimed that results sheets were altered using typewriter correction fluid.

Full Nyasa Times report

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