Malawi court dismisses Tembos election challenge

Judge Richard Chinangwa threw out the petition in his determination on Friday afternoon.

In his determination, Justice Chinangwa said the petition could not be allowed because the law stipulates that any electoral challenge should be lodged within 48 hours after polling and that Tembo filed his challenge outside the time as stipulated in the constitution.

The state has asked the court to throw out the case arguing that claims by Tembo and his party are frivolous and that they have no basis to back their case.

Judge Chinangwa also said Tembo did not include President Bingu wa Mutharika in the petition to defend himself from his claims.

Lawyer representing Attorney General, Zolomphi Nkowani said after the ruling that the May elections challenge has now been effectively defeated.

However, attorney for Tembo in the case, Fahad Assani said it was not possible for Tembo to present comprehensive objective material evidence within the 48 hours rule.

Assani said he would consult his client Tembo who was in the Justice Chinangwa chamber on the way forward as whether to start the process all over again.

The MCP president who was escorted to court by hundreds of supporters clad in party colours did not comment after the ruling as he boarded his vehicles while MCP women prevented TVM cameramen from capturing the opposition leader.

Tembo and MCP have maintained that they have evidence to prove that the elections had widespread irregularities and that they were rigged.

Tembo, in a sworn affidavit alleges that the polls had irregularities ranging from voters roll, acquisition of extra ballot papers, abuse and monopoly of public radio MBC and TVM, misuse of public resources, failure by monitors and other stakeholders to do their job well.

In view of the irregularities and breaches of the electoral laws and the Constitution, the second respondent [President Mutharika] was not duly elected, the election was null and void and that a re-run of the presidential election can be conducted by the first respondent (the EC) in a free and fair manner and in compliance with all the electoral and related laws and the Constitution, reads part of Tembos affidavit.

He claims that verification of results was not allowed and that results in most districts were delivered in open and unsealed envelops contrary to the laws of the country.

President Mutharika and his running mate Joyce Banda the first-ever female Vice-President of Malawi, got 65 per cent of total votes far ahead of Tembos 31.8 per cent.

Meanwhile, the Commonwealth Secretary-General, Kamalesh Sharma, has released the Final Report of the Commonwealth Observer Group which observed the 19 May elections in Malawi.

In issuing the report, he said: The Commonwealth Observer Group found that the 2009 elections had been credible overall and a major step forward for Malawi. The Observer Group concluded that the elections met many of the standards for democratic elections to which Malawi has committed itself

The Secretary-General went on to say: The Group also highlighted that there remain some shortcomings which need to be addressed to ensure future elections fully meet benchmarks for democratic elections. Of particular concern for these elections was the lack of a level playing field for the campaign, particularly with regard to coverage by state media.

Hel also stressed that, the Commonwealth Secretariat stands ready to assist the Government of Malawi as requested to help further strengthen the democratic process in the country.