Kamchedzera speaks on appeal by Mutharika on Concourt ruling

Kamchedzera speaks on appeal by Mutharika on Concourt ruling
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Kamchedzera speaks on appeal by Mutharika on Concourt ruling

By: Vincent Gunde

Dean of Law at the Chancellor College the largest among the constituent colleges of the University of Malawi, Garton Kamchedzera has questioned Malawi President decision to appeal the just delivered constitutional court judgement.

Kamchedzera says he is much surprised with the decision by Mutharika because he would have waved the appeal and face his opponents on the ground.

Mutharika’s lawyers have been instructed to appeal against the judgement saying the judges errored in law in passing the verdict.

President Mutharika and his DPP have described the judgement by the Concourt judges delivered on Monday 3rd February, 2020, as a serious subversion of justice, an attack on Malawi’s democratic system and an attempt to undermine the will of the people.

He says the judgement inaugurates the deaths of Malawi’s democracy and cannot stand unchallenged, instructing his legal team to appeal to challenge it at the Supreme court of appeal.

Mutharika says as it stands, the judgement if not cured, represents a flawed precedence of all the elections in all future elections in the country.

This is contained in a speech President Mutharika addressd the nation on Wednesday night for the first time ever before, during and after the Concourt nullified the May 2019 presidential elections for a fresh election and declaring him not duly elected by the majority of Malawians.

In his speech, President Mutharika said he is not appealing to stop the next election, and he and his DPP, are ready to campaign and win as they have always done, appealing to correct the fundamental errors, principles of justice and democracy.

“we believe the judgement has errors that need to be corrected . Above all, we seek justice” reads part of Mutharika’s speech.

President Mutharika advised Malawians not to be carried away by this court ruling because it is not the end of everything saying we are one people, we have one Malawi and remain one nation and Malawi is bigger than us all.

Mutharika thanked all Malawians for their patience during the period the case has been in court, applauding the leaders of the opposition for taking their electoral grievances to the court as provided for in the Republican constitution saying that is democracy.

He said this judgement is not the end of litigation process in the May, 2019 elections case saying Malawi is a country of laws and as a lawful nation, there remain a number of laws and legal processes and procedures provided in the Republican constitution to regulate how Malawians conduct themselves to resolve their situation.

But, former Vice President of the Republic of Malawi in the Bingu wa Mutharika’s DPP led government, Dr. Cassim Chilumpha while responding to many questions which came to his inbox on his Facebook page said an appeal to the Supreme court is made on the grounds of law and not facts.

Dr. Chilumpha said MEC and DPP will not win the appeal case but the Supreme court needs to give its side, encouraging President Mutharika and his DPP to appeal reminding them that when appealing, MEC has to follow the Con court judgement and if not, its officials risk being arrested by the same law.

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