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| National |
| High Court nullifies Mzimba West election results |
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by
Francis Tayanjah-Phiri, 04 November 2004
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10:45:11
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Former Deputy Speaker Loveness Gondwe’s Mzimba West parliamentary seat is up for grabs following a High Court decision on Wednesday to nullify results for the constituency after proving there were gross anomalies during elections.
High Court judge Lovemore Chikopa, sitting in Mzuzu, ruled that results of the elections in that constituency be nullified.
Chikopa said the court was convinced that the electoral process in Mzimba West departed from the law on four grounds: use of public resources for campaign; threats (violence); lack of verification of voters’ roll; and determining results when there were irregularities in voting process.
The ruling follows a petition filed by Gondwe’s close contender and UDF candidate, Catherine Gotani Hara Mkandawire who queried that the “voting process was not free and fair”.
The petition was filed against Gondwe as first respondent and the Malawi Electoral Commission as the second respondent.
Chikopa said evidence rendered in court proved beyond reasonable doubt that Yeremiah (Chihana), Gondwe’s husband, campaigned during the voting day.
Chikopa also said Gondwe’s campaign team also contravened the law by using a Parliament’s vehicle, PAR 2 during campaign period.
“Use of government property or employees in a manner not for his security during elections is not allowed is it brings unfairness — equally the respondent cannot claim to have rights to vehicle PAR 2. And, at that time she was not deputy speaker, as Parliament had been dissolved, there was no house to preside over as Parliament had been dissolved,” said Chikopa, stressing use of public resources is not only unconstitutional, but also an offence under the law.
But Chikopa, in his two hour ruling, quashed Hara’s petition that Electoral Commission used irregular ballot papers, that led to many people not to vote for her because the picture on the ballot was “too dark, making her look like a man”.
“Around 7,000 people voted for the petitioner, so it cannot be fair to allege that people did not know who she is because of irregular ballots,” said Chikopa, adding, “again no ballot was provided, not even the petitioner pressed that it be presented in court.”
Chikopa also refused to entertain Hara’s petition that intimated use of polling officials to influence vote for Gondwe, stressing monitors did not report or do anything about that.
Electoral Commission Chief Elections Officer Anthony Masanza said in an interview the Commission would announce its stand on the issue soon, adding he was hearing about the ruling for the first time.
He said: “As I am hearing this for the first time, I am sure our lawyer (Kalekani Kaphale) would inform us shortly. We need a briefing with our commissioners, then a stand would be taken.”
But Hara applauded the ruling as ‘a landmark ruling that would assist make the EC more responsible in handling electoral issues.
“EC has always been saying it does not have teeth to bite, I hope the judgement will give them such teeth. We as candidates have complained of irregularities, but EC did not listen; now it is a lesson to them. I am excited of the ruling, justice must take its way,” said Hara.
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