The Malawi Electoral Commission (MEC) has filed an appeal against the Constitutional Court ruling that nullified the 2019 presidential elections saying the court erred in finding that irregularities affected results of the elections.
In its notice of appeal dated 7 February, 2020, the commission has listed 139 grounds of appeal.
On Monday, the constitutional court nullified the 2019 presidential elections due to widespread irregularities that undermined the results. The court ordered the commission to hold fresh elections in five months.
But MEC in its notice of appeal says the court erred in finding that irregularities – such as the use of tippex, use of tally sheets not signed by monitors and use of tally sheets not verified by auditors – affected the results of the election.
MEC also argues that the decision on matters against the commission were against the weight of evidence. According to the commission, the court also erred in finding that the right to a free and fair election was breached.
“The decision of the court failed to consider, protect and give effect to voters’ rights and wishes expressed through valid votes whose count was duly witnessed by political party monitors and which count was not assailed at all by monitors,” MEC says.
The commission then appeals to the Supreme Court to set aside the judgment of the Constitutional Court and reverse all orders related to the ruling.
President Peter Mutharika, who was fist respondent in the elections case, has also filed an appeal asking the Supreme Court to set aside the Constitutional Court’s ruling.
Monday’s decision the court to nullify the election favoured petitioners Saulos Chilima and Lazarus Chakwera.
