January 27, 2021

Supreme Court set to rule next week on MEC appeal over Mangochi West fresh elections order.

By Alex Charlie

The Supreme court of Appeal will on May 28 next week deliver its ruling on whether the High Court in Blantyre acted unlawfully when it ordered for a re-run in Mangochi West Constituency after it found that the parliamentary elections in the area were marred with serious irregularities.

On May 23, 2019, the Malawi Electoral Commission (MEC) declared Democratic Progressive Party (DPP) Parliamentary candidate for Mangochi West, Geoffrey Chiwondo, the winner after amassing 4,527 votes against 4,518 votes for his main challenger Simeon Harrison, who contested as an independent candidate.

However, Harrison successfully moved the High Court to order for fresh elections citing massive irregularities that marred the vote counting and tallying of the results. 

During the trial of the matter, Wester Kosamu, lawyer for the petitioner,      asked MEC Chief Elections Officer, Sam Alfandika, to present in the court, documents which they used to determine the winner of the elections, however the electoral body failed to produce the same.

It is against this background that led the High Court judge Sylvester Kalembera nullify the elections and ordered for a fresh election. 

The Malawi Electoral Commission (Mec) filed an appeal at the Supreme Court against the ruling and its judgment is the one that has been set to deliver on May 28, 2020.