The High Court has fired four Malawi Electoral Commission (MEC) Commissioners representing Democratic Progressive Party (DPP), saying they were not duly appointed.
Judge Kenyatta Nyirenda has delivered his ruling today after Malawi Congress Party (MCP) complained over the composition of the commission.
The party cited Section 4 of the amended Electoral Commission Act of 2017 which gives parties with one-tenth of the parliamentary seats power to submit to the President a minimum of three nominees to be appointed as MEC commissioners.
It argued that the then President Peter Mutharika appointed four commissioners from the DPP and two from MCP when he was supposed to appoint three each from MCP and DPP.
Kenyatta has agreed with the MCP’s argument saying the law compelled Mutharika to appoint equal number of commissioners from the two parties.
Kenyatta has since cancelled the appointments of the four DPP commissioners and has ordered the DPP to submit three names to the president.
The DPP commissioners whose appointment has been quashed are Arthur Nanthulu, Steve Duwa, Linda Kunje and Jean Mathanga.
MCP commissioners, Dr Anthony Mukumbwa and Mrs Olivia Liwewe, have not been fired by the court and will continue serving in the commission.
The six together with Chairperson Chifundo Kachale managed the 2020 presidential elections where President Lazarus Chakwera was elected wile Mutharika came second.
I personally think that submitting a minimum of three appointees does not mean that a party should submit three appointees. I think it was a mistake that MCP submitted three names and expected all three of them to be appointed. Suppose one of the three did not meet the requirements to be appointed commissioner. That would mean only two would be appointed forcing the president to appoint the other commissioner from his own party.