MEC Erred to Declare Mutharika President – Supreme Court

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Mutharika was not duly elected as president- Supreme court.

The Supreme Court of Appeal has ruled that incumbent Malawi president, Peter Mutharika was not duly elected in 21st May, 2020 presidential elections concurring with the High Court verdict sitting as a Constitutional Court on 3rd February, 2020.

The top court says Malawi Electoral Commission failed to conduct the elections constitutionally.

Led by Chief Justice Andrew Nyirenda, the Supreme Court stresses out that the fresh polls should be held within a period of 150 days from 3rd February, 2020 as it was ordered by Constitutional Court.

The court says the fresh polls should be held under the majoritarian rule meaning the winner will be supposed to scoop 50+1 votes of the total voters on 2nd July, 2020.

In its ruling, in February, 2020, Constitutional Court nullified the presidential results saying the electoral process was marred by massive irregularities that made Malawi Electoral Commission and President Peter Mutharika to appeal.

“The position of this court is that the widespread use of Tippex greatly undermined the integrity of the elections so much that applying the qualitative approach, the argument by the second respondent (Malawi Electoral Commission) that the valid vote count was not affected and that no monitor came forward to raise a complaint does not matter and this argument is thrown out”, the Constitutional Court ruling stated in part.