Thursday, June 20, 2024

Malawi’s ConCourt has put Zambia’s to shame – Sishuwa

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Political Analyst Sishuwa Sishuwa has charged that the decision by the Malawi Constitutional Court to nullify the presidential election results has put Zambia’s Constitutional Court to shame.

Malawi’s constitutional court last week annulled last year’s controversial election, which saw President Peter Mutharika narrowly re-elected.

The judge found there had been widespread irregularities in the 21 May vote.

This is the first election to be legally challenged since Malawi’s independence in 1964.

A new vote will take place within 151 days.

Dr Sishuwa said Zambia’s Constitutional Court has a lot to learn from their colleagues in Malawi.

“It annulled Presidential election results, called for a new vote and said the Electoral Commission will bear the petitioners’ costs. There’s even an order to inquire into the Commission’s capacity to run the new poll. Ndiye ma judgement aya,” Dr. Sishuwa wrote on Twitter.

“We have a long way to go to get to a better future, but we must go there,” he said.

And political researcher Dr Neo Simutanyi said there are important lessons to learn from the judgement.

“Mainly, that incumbents can not violate electoral rules, falsify election results and continue in office,” Dr Sishuwa said.

He said the Malawi Concourt has shown that it is possible for an African judiciary to be independent and to fairly and impartially adjudicate electoral disputes.

“Africa is a political laboratory and the Malawian case clearly shows that our political Institutions can function and fearlessly defend the rule of law and democracy,” he said.

“The Malawian Chief Justice said in conclusion: I hope this judgement will work to build the country. I hope Malawian and African citizens understand the import of that statement. As things stand in Zambia the Malawian judgement has put our judiciary to shame,” Dr Sishuwa said.

“Our Constitutional Court is not only incompetent, but an extension of the Executive. Under Lungu political institutions and accountability bodies have been rendered dysfunctional, while rules of the games are rigged in favour of those in power,” Dr Simutanyi said.

“Taking an election dispute to court is a waste of time and money, as the outcome is a foregone conclusion. To imagine that it took Concourt judges almost three years to rule on whether or not Lungu should have handed over power to the Speaker of the National Assembly, a matter which crucially was at the heart of the Concourt inertia following the lodging of the election petition by HH and GBM, shows just the incompetence of our so-called highest court,” Dr Simutanyi said.

48 COMMENTS

    • I really don’t understand why people want to always question what happens in our own country and want to think that whatever happens in a foreign land is the correct decision. Ala Gore petitioned George Bush’s election as U.S.president but the supreme court did not nullify the elections!

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  1. The Malawi lawyers have put the UPND lawyers to shame. Our UPND lawyers failed to read the constitution. The concourt was waiting for them to prove their case within the bounds of the constitution. Alas these lawyers did not even know where to start from.

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  2. Malawan lawyers have shamed our UPND lawyers. Seriously we had a solid case against Mr. Lungu but our lawyers let us down. Today we should have been in power. Hopefully our leader HH has learnt something from the Malawian case. please do not be over trusting of these lawyers. There interest was just money.

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  3. The rule of law requires that court rulings are recognized as fair and binding for all parties. Winners of today are losers of tomorrow. Otherwise, the appeal process must be exhausted. It is demagogic to express disrespect for court rulings. It is not normal for the entire country’s electoral system to be dysfunctional without the active participation of voters. The idea of helplessness of voters is only imaginary. How come the UNIP independence election victory was a landmark election? How come the MMD multiparty election was a landmark election victory? How come the PF multiparty election was a landmark election victory? Take time to cut the high tree branch on which you are sitting. Malawi is a low income country ranked one of the poorest countries in the world. Zambia is middle…

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  4. The Malawi Lawyers have shamed the UPND lawyers. As UPND we had a solid case against Mr. Lungu but our lawyers let us down. They did not even know where to start from. They had not even read what the constitution says .(.lawyers???). Malawan lwayers reade the constitution and went strait to the point,. I hope our leader has learnt something from this . Never be overstrusting of these lawyers.

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  5. @UPND4 Life You have hit the nail on the head. Unfortunately it is the same lawyers who have been in the fore front advising our President not to participate in the current constitution review . kikikiki! Lawyers???? HH be careful!

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  6. Ba Dokota please twapapata explain what UPND lawyers presented as evidence of rigging to the concourt or advise your political party lawyers to learn something from their Malawian counterparts. How can lawyers abandon HH and GBM on the day the court expected evidence and to resurface later after judgement and start debating on how to count 14 days. Please stop misleading the country and atleast have regard for the institution that gave you the doctorate because mis informing was not part of your curriculum. A Doctorate is a very high qualification in any field and holders are viewed as the most reasonable and impartial citizens of society. So when a doctorate holder’s ability to reason in an impartial way is being overcome by self preference, its an insult to the awarding institution.

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  7. This Sishuwas Sishuwa or whatever he calls himself is a very dull Phd holder.Am sure he got his Phd via online and from Thailand.The University of Zambia (UNZA) cannot award a Phd to such un objective person.Why cant this lozi man show us which solid evidence UPND gave Concourt judges?Plus,PF won in 6.5 provinces while UPND won in 3.5 provinces,surely how van ECZ declare HH as 2016 winner with majority votes from only 1 province (southern)?Shocking!!Its a pity that even learned Zambians use tribe to reason than being objective!Even that Simutanyi is just using tribe to think!!Malawian lawyers gave proper evidence to judges unlike tribal HH’s lawyers who wasted 14 days minus presenting ang tangible evidence in Concourt.We had a by election in Lusaka after 2016,but UPND’s Chileshe Kangwa…

  8. It is unbelievable that a PhD man can not see the difference between the case in Zambia and that in Malawi. Does it mean even where there’s no proper evidence the judges should guise and make the opposition win the case? In the zambian situation, there was no slight evidence that was put before the judges for them to arrive at the decision that was to favour the opposition. In a Malawi situation the evidence was so overwhelming that even a layman could give the judgement in favour of the opposition. You guys with PhD degrees use your profession to advise the masses correctly.

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    • Neither did Edgar Lungu win those elections convincingly because the UPND was denied the right to be heard. So he’s enjoying that seat with a lot of question marks

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  9. Dr Sishuwa Sishuwa must know that his HH is not yet accepted by majority Zambians especially those in Eastern and Northern Zambia.Am sure he listens too much from his tribesmen’s good comments about HH and concludes that HH is loved across Zambia-never my guy!!Visit the East and North and you will be shocked about how unpopular your HH is in those provinces!!Even here in urban areas,many people from the East and North do not support HH.You’re a political lecturer,so you can conduct a research about this issue and you shall prove me right!!Regional voting is what kills HH and he will lose in 2021 because of that!!Besides,even HH knows this fact,nowonder he is begging Kambwili to win him votes in Northern Zambia in 2021!!

  10. The Zambian one would be very strange in any jurisdiction. Forget any technicalities, any one in the world when they take things to court they must be heard. Only after being heard can a court pronounce that you have failed on this score.

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  11. A day ago in Chilubi,Kambwili cried as he has failed to understand why majority Zambians are still in support of PF.This confirms that,CK has noticed after leaving PF that PF is still loved by the majority people.Again on saturday,i was in Heroes stadium watching Lusaka Dynamos vs Nkana FC then Harry Kalaba came to seat near Nkana supporters.The supporters greeted Kabala with PF symbols in large numbers!!I saw it with my naked eyes.Besides,watch how mammoth PF’s Chilubi ralies are,are those signs of a dying political party?just in your dreams!!Thus,bo Sishuwa under-estimate PF at your own peril because PF is the favourite to retain power in 2021!!

  12. Sishuwa SISHUWA very shameful to write this article and infact it should be with drawn with immediate effect.What happened in Malawi is totally different from our issue here backom, Many are the times you same people do not want to copy and paste what usually happens in other countries but on this one you want to,very shameful indeed and mind you this is Zambia and not Malawi better you go and live in Malawi.

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  13. That 2016 election was riddled with glaring irregularities. That’s why the Dove REFUSED to fly. In 2016 they got away with it by using seer one’s juju but next year they won’t

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  14. Some people don’t deserve to be called DR with this kind of thinking, misleading people like this and wasting our bundles and time reading a very long article thinking maybe as I go down I may find something sense yet there’s nothing

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  15. PF cadres you all seem mad because what the doctor said is the truth. The whole world saw how our judges were bribed just like those in Malawi, pf camped at the court to intimidate judges. Missing g7 forms, lungu getting more votes than the number of registered voters, votes dumped in ditches, polling officers going home with ballots. Ecz failing to answer why a questionable person was in the IT room. Our judges did not rule on anything technically the case is an open case, and why is the pf trying to amend the constitution. They are trying to cover up, why change the 14 days and why did you rush to use it for your benefit without giving the others a chance to be heard you thieves nothing is genuine with you guys. No wonder in the USA they never allow convicts like lungu to stand

  16. How can a ruling on whether Edgar should have handed over power to the speaker take 3 years. How mwebanthu sure? And you say all is well. Are you med?

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  17. This boy is hopeless. I wonder if his students gets anything tangible. Why not quit lecturing and stand as an MP in southern province. Ati chiputa.

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  18. This is the reason Zambia is funny. 14 days to provide evidence, and the UPND’s crooked lawyers misled the whole party and brought it on the very last day. You mean they couldn’t bring anything in the first five days? We need a whole new party and opposition in the future, because they are all useless. Then there was the ruling party with sketchy Munali and Lusaka central MP wins. Let me stop here kikikiki.

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  19. This historian thinks upside down. It is the Zambian lawyers that have been put to shame. Zambia has fake lawyers. we have a trail of failed constitutional amendments because of fake lawyers. Fake.

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  20. Even if they were to rule against ECL do you think that judgement could have been respected? I doubt it ask me if the defunct ministers have paid back. Who come out to ask them not to pay back? ECL and PF cadres are the law and the law unto themselves

  21. Bo Shishuwa,HH never substantively argued his case in court. As you very well know,his legal team were more interested in milking the poor chap than winning his case. The limitation period was 14 days and not 14 months!!! With due respect, it’s a case of oranges and lemons comparative scenario.

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  22. HH won in 3 and half provinces against 10 .
    No MP in Lusaka Province
    No MP in Copperbelt province
    No MP in Northern Province
    No MP in Luapula province
    No MP in Eastern province
    No MP in Muchinga province
    Then UPND stooges expect Concourt to waste their time of UPND?

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  23. First it was the Kenyan court and now the malawian court has followed suit. Africa is now changing. If only the zambian court can also keep up with the change.

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  24. The courts in Malawi found credible evidence to rule the election void..this was not the case in Zambia chimbwi iwe..let us learn to be objective when we analyse simple things . Kz

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  25. Zambia is a disaster as at now, If i remember correctly the maize scandal culprits on the Malawian side were severely dealt with, where as on the Zambian side the master mind crook is still minister.

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  26. Chabota is very correct!!
    UPND has no MP in:
    Lusaka urban,
    Copperbelt urban,
    Central urban (which is Kabwe town),
    No MP in whole Luapula,Northern,Muchinga and Eastern provinces!!Surely,which sane judge from Concourt could have ruled in Kainde’s favour?Mr Sata won in 2011 because he had beaten MMD in the whole urban Zambia.For UPND,I would say more than 60% of HH’s votes come from southern province only because UPND rig there.By the way,PF must send independent observers(none tonga) to tongaland in 2021 to prevent UPND from rigging elections again in their province!!

  27. Dr Sishuwa, you have embarrassed me. At one time I even suggested that we should consider you for President!! You mean to say that you are not aware that Trible UPND lawyers did not adduced any evidence before court and to avoid greater shame they even withdrew their representation of Trible HH? Our Concourt even extended the petition hearing by two days (illegally) in order to accommodate Trible HH and nit give him room to cry?
    In Malawi , the opposition lawyers adduced not only evidence but solid evidence to make it straight forward for the judges to rule.
    Shame on you Sishuwa!!

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  28. YOU CHIMA Sishuwa, why mentioning Zambia of all countries, are you okay? why cant you just concentrate on your nonsense there? please find better things to do

  29. This man seems he got his PHD not on Merit looking at how low he is reasoning, is there a provision where a university can repose the PHD after discovering that the person reasoning does not much the paper he is having.

  30. SOME PEOPLE ARE LUCK TO BE A BIT EDUCATED, BUT DEEP DOWN VERY DULL! PEOPLE LIKE SIHUWA SIHUWA ARE OVER RIDDEN BY TRIBE INCLINATION THAN TRUE REASON. AS A PhD HOLDER IN TRIBALISM HE WANTED THE CONCOURT IN ZAMBIA TO RULE IN FAVOR OF HIS HICHILEMA EVEN IF HE DID NOT WIN THE 2016 ELECTIONS! HE MANAGED TO GET NUMBER TWO SPOT BECAUSE OF RIGGING IN SOUTHERN AND WESTERN PROVINCES! IN 2021 PLEASE PF STOP THESE TRIBALISTS FROM RIGGING IN SOUTHERN AND WESTERN PROVINCES AND YOU WILL SEE HOW HICHILEMA LOSE TERRIBLY! HAKAIVOTERA HUMWINE!

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