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Game On: Mutharika Plans to Appeal Court Decision…Judiciary Has No Powers To Usurp Functions OF Parliament

Malawi President Professor Arthur Peter Mutharika plans to appeal the court decision nullifying his 2019 election victory, his spokesman told MBC on Wednesday.

Mutharika to appeal

Presidential Press Secretary Mgeme Kalilani, who confirmed the development, described the Constitutional Court nullification of results as a “serious miscarriage of justice and basically a threat to Malawi’s democratic principles.’’

Kalilani said the judgment was a “clear attempt to circumvent democracy”.

Kalilani said the President, who is the first respondent in the presidential elections case, will be challenging the decision through an appeal that his lawyers will be filing with the Supreme Court of Appeal.

The Press Secretary said Mutharika’s lawyers will be challenging on such issues as why the judgment issued specific orders to parliament without considering the separation of powers between the executive, judiciary and legislature.

“The role of the judiciary is to interpret laws while that of parliament is to make laws,” he said.

He said the judiciary cannot summon parliament when it is clear in the constitution that it is the President, through consultation with the Speaker of Parliament, who has such mandate.

“The judiciary has no powers to usurp functions of the national assembly,” he said.
“I believe the president has a strong case and he wants justice to be done.”

The lawyers have six weeks to file the substantive appeal.

The panel of five High Court judges, headed by Justice Healey Potani on February 3 nullified the presidential vote and ordered that Mutharika maintains his presidency until a fresh poll is conducted within 150 days from the date of judgment.

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