Legal Affairs Committee of Parliament has said it does not recognized the proposed date for fresh presidential polls by Malawi Electoral Commission (MEC).
Last week, during a press briefing, MEC chairperson Jane Ansah announced July 2 as the date Malawians will go for fresh presidential elections.
But Chairperson for the Legal Affairs Committee of Parliament, Kezzie Msukwa the dates MEC has set to announce the winner- in eight days from July 3 to 10- would be outside the 150-day bracket set by the Constitutional court ruling of February 3rd.
According to Ansah, July 2 will mark the 149th day meaning they are complying with the court order and therefore not in contempt of court.
The other issue is the majority rule interpretation of 50 plus 1. MEC is arguing that the Constitutional Court erred in interpreting the meaning of a majority as Supreme Court already ruled that a majority means first past the post.
But Msukwa said MEC is acting ‘arrogant’.
Msukwa said the way to handle this stand-off between is to take the route of the legal redress.
Among others Msukwa said MEC’s refusal to abide by the February 3rd Constitutional Court ruling will cause problems like determination of a winner.
“This is arrogance at its best because the 150 days and 50 plus 1 is a court ruling and they needed to start following,” he said.
He did explain that the issue is now complicated because there is a conspiracy between President Peter Mutharika and the Commissioners, some of who are physically not competent and are ought to go.
“Her (Justice Jane Ansah, SC) own numbers have dwindled because, I am sorry to say this but some of the Commissioners are physically not competent to be in such positions and should go.
“As Head of State, he (President Peter Mutharika) was supposed to act in the best interest of Malawians but then even if he was to be elected in 2020, he would still have no trust from the people because it will be the same MEC Commissioners running elections,” he said.
Addressing how they will go about Mutharika’s refusal to assent to the four amendments of the Electoral Commission bill and Parliamentary and Presidential Election bills, Msukwa said they will start looking at the reasons why he did not assent to the and see what the standing orders say.
Speaker of Parliament Gotani Hara has since written the Constitutional Court to communicate Mutharika’s decisions.
In a statement Hara assured Malawians that Parliament will continue to abide by any court ruling as one way of ensuring that there is respect for separation of powers and rule of law.
