Malawi President Professor Arthur Peter Mutharika has described Constitution Court Judgement as death of Malawi Democracy hence the need to challenge the judgement as one way of safeguarding democracy.
On Monday, a panel of five High Court judges, headed by Justice Healey Potani nullified the 21 May 2019 presidential elections and ordered that Mutharika maintains his presidency until a fresh poll is conducted within 150 days from the date of judgment.
The Malawian leader, Professor Mutharika made the sentiments on Wednesday in his first address to the nation after constitution court in Lilongwe delivered a ‘suspicious’ judgement on the presidential elections case.
President Mutharika who was the first respondent to the case has since ordered his legal team to challenge the verdict through Supreme Court of Appeal.
“As the first respondent in the May 21 Elections case, I have taken note of the Judgement delivered by the High Court setting as Constitutional court. Like many Malawians, My legal team and I have serious reservations with the Judgement,” said President Mutharika
The law Professor, further said the Judgement undermines the will of the people and cannot go without being challenged.
“We consider the Judgement as serious subversion of justice, an attack to our democratic system and an attempt to undermine the will of people.
As it stands, the judgment if not cured, represents a flawed precedence for all the elections in all future elections in the country.
” In fact, this judgment inaugurates the death of Malawi’s democracy. As such it cannot stand unchallenged. Consequently, I have instructed my legal team to appeal against the judgment and challenge it,” said President Mutharika
However, President Mutharika said he was ready for the fresh elections as the appeal has nothing to do with elections but rather protecting the laws of the land.
“In fact, we are ready to campaign and win as we have always done. We are appealing to correct the fundamental errors in the judgement to protect our laws, principles of justice and democracy.
We believe the judgement has errors that need to be corrected. Above all, we seek justice,” said President Mutharika
On Wednesday, the first petitioner in the case Saulos Chilima of UTM hailed president Mutharika for taking a bold step in challenging the verdict through the Supreme Court of Appeal.