Social and political commentators in the country have hailed President Professor Arthur Peter Mutharikaβs decision to appeal the constitutional court ruling on the high profile Presidential Elections Case.
On Monday, a panel of five High Court judges, headed by Justice Healey Potani nullified the 21 May 2019 presidential elections and ordered fresh elections within 150 days from the date of judgment.
President Mutharika who was the first respondent to the case said the ruling undermines the will of voters and since ordered his legal team to challenge the verdict through Supreme Court of Appeal.
βWe consider the Judgement as serious subversion of justice, an attack to our democratic system and an attempt to undermine the will of people.
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,β said Mutharika
Commenting on the matter, Governance expert Makhumbo Munthali said President Mutharika and the ruling Democratic Progressive Party (DPP) have the right to appeal as they did not benefit from Malawi Electoral Commission (MEC) irregularities.
βIt will be interesting to see the areas they will be appealing against especially considering the fact that the High Court found MEC in wrong doing not Mutharika,β said Munthali Β
Malawiβs Former vice Dr. Cassim Chilumpha, a lawyer by professional, has also backed the decision by president Mutharika to appeal the ruling.
