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By patulani samson @patulanisamson ·
Nyirenda quotes cases in relation to the 2nd issue of recounting.” #ElectionsMw
–> ReplyReplied to 0 times RetweetRetweeted 1 time1 FavoriteFavorited 0 timesAfter discharging Jumbe’s injunction, the judge has now gone into reading the substantive matter
–> Justice Kenyatta Nyirenda now delivering the long awaited landmark ruling. Friday Jumbe’s injunction discharged,…
–> Section 76 of constitution shall exercise functions as conferred by constitution or act of parliament”
–> Since Jumbe’s injunction is been discharged, MEC commissioners no longer on contempt of court charges”
–> Vacation of the injunction clears MEC of contempt of court #MalawiVote2014
–> Judge Nyirenda: “PPE act is to expressly set out to determine results of elections”
–> Judge Nyirenda: Now I proceed to determine the issue. I will look at the law conferring power on MEC. Then judge analyses the law.
–> Judge Nyirenda now on topic of extension of results.
–> Breaking news:iam unable to see how these laws can bar electoral Commission from a physical count before announcing
–> Judge Nyirenda” No such power is given under sec.99 for an extension of time”
–> Judge Nyirenda: The only limitation is for MEC to do so in accordance with law. In the premises, my answer to the first issue is affirmative
–> Juge Nyirenda: Now I move to the 2nd issue: whether the 8 days can be extended.
–> Judge NYIRENDA “What the Court cannot do is go outside of its power and extend power when there is no rule/law to do so”
–> The judge rules that “I can not hesitate to give positive direction for MEC to conduct physical audit.”–> I can not hesitate to give positive direction for Mec to conduct physical audit. I am unable to see how these laws can bar Mec-Judge
–> Judge Nyirenda No such power is given under sec.99 for an extension of time” A reliefe for DPP? Too early to celebra
–> Justice Nyirenda: I can not hesitate to give positive direction for MEC to conduct a physical audit
–> Judge Nyirenda analyzing submissions made by both parties on extension of the 8 days -for and against
–> Malawi Electoral Commission to recount votes in a disputed poll, the High Court has just ruled.
–> Nyirenda: MEC has mandate to take measures to ensure free & fair elections as stipulated in the Elections Act therefore recount is necessary
–> Judge Nyirenda analyzing submissions made by both parties on extension of the 8 days -for and against.
–> BREAKING: Judge Kenyatta Nyirenda has ruled that MEC can do the recount of the votes. However, the recount has to be done in eight days
–> The recount has to be done in 8 days which ends tonight. now judge dealing with issue of extension MalawiVote2014
–> Judge clears Mec to do a vote recount. Says Mec has mandate to take measures to ensure free & fair elections as stipulated in the Act
–> The Judge is still analysing parties’ submissions, which were extensive on the issue of extending the 8 days period
–> Judge Nyirenda quoting sec. 99 with regard to publication of results within 8days.–> Judge Nyirenda now about to make his determination.
–> Judg Nyirenda stil analyzing issue of whether to extend on not. #MalawiVote2014
–> Judge Nyirenda: There is nothing ambiguous in s.99 of the PPE Act. It enjoins MEC to publish results within 8 days #MalawiVote2014
–> Judge Nyirenda: “A judge is a public officer. To act legally within our powers where they exist & not in where they don’t”
–> My duty as judge is to interpret law and not to change it I have to follow the law” #MalawiVote2014
–> Judge Nyirenda: In the matter at hand, my hands are tied #MalawiVote2014
–> Judge Nyirenda: In this case my hands as a judge are tied. Judicial duty does not deny statute. The intention of parliament must prevail
–> Breaking: Judge Nyirenda rules that MEC has to stand by section 99 of PPE. MEC has to announce results tonight #MalawiVote2014
–> #malawielections2014 high court judge rules results have to be announced tonight. Malawians wait for official announcement from MEC.
–> Breaking: Judge Nyirenda rules that MEC has to stand by section 99 of PPE. MEC has to announce results tonight #Malawi
–> BREAKING: No extension has been granted.
–> No extension given. MEC to announce results by midnightpatulani
–> DPP supporter after arriving from the court
–> DPP supporters singing outside tally centre #blantyre say they confident Peter Mutharika has won the election
–> Distraught. MCP camp at National Tally Center.
–> DPP supporters celebrating outside the court & at the Tally Centre chanting “wakwiya ndi mfiti, Peter boma!!!”. Too soon to celebrate?
–> People literally running across the highway into the national tally centre to get Mbendera’s sermon
–> MEC chairperson Mbendera will be addressing the nation. “so get prepared” he says
