President Peter Mutharika has finally appealed to Malawi Parliament to reverse court orders after both the Constitutional court and Supreme Court of Appeal nullified the May, 2019 elections for a Fresh Presidential Election and at the same time declaring him not duly elected by the majority of people as required by the electoral law.
President Mutharika says the courts failed to show or prove that the electoral irregularities affected the results of the May, 2019 election.
In his recorded State of the Nation Address ( SONA), of officially opening the Budget session of Parliament, President Mutharika says Parliament is supreme above the courts meaning that the courts have no powers to remove him as president and if does so, its treason.
In his speech which was via a video link, President Mutharika kept on attacking and threatening the courts giving doubts as to whether the election will be held or not.
Days ago, DPP- UDF alliance MPs and cabinet ministers held a caucus at Sanjika palace in Blantyre where they allegedly agreed to shoot down bills related to the fresh election and this meeting was concided with a statement from the electoral body( Mec) announcing that it has put on hold printing of ballot papers waiting for Parliament to fix the date of the Election.
Law expert, Bright Theu says the courts do not show or prove anything, they make findings and decide on legal disputes saying Parliament cannot discuss on legal disputes and Mutharika is liable to impeechment .
Theu advises Mutharika that his tactics to delay or cancel the Election, are a criminal waste of time for him and those surrounding his camp, saying he lost the case spectacularly, and what he has to do is to sit down and let the nation move to hold the fresh Election.
He reminds Mutharika that his lawyers and colleagues representing MEC failed to convince the courts on the same arguments, he is trying to re – open before Parliament which has no mandate to decide on legal disputes.
On his part, Prof. Edge Kanyongolo of Chancellor College says the May, 2019 Presidential polls were lawfully nullified, Malawi will have a Fresh Presidential Election and the rest is background noise.
Peter Dimba, a legislator and lawyer by profession says both the Constitutional court and Supreme Court of Appeal ordered MEC and not Parliament to conduct the Fresh Presidential Election ( FPE) because Parliament does not adjudicate on electoral disputes, advising Mutharika that he will not succeed to use Parliament to legitimize his presidency, assuring Malawians that they are voting a fresh.
