Malawi election: Peter Mutharika wins presidential vote

Opposition candidate Peter Mutharika has been declared the winner of Malawi’s disputed presidential election.

The leader of the Democratic Progressive Party obtained 36.4% of the vote, the electoral commission announced.

A protester died earlier after police dispersed an angry crowd demanding a recount of last week’s ballot.

Outgoing president Joyce Banda has alleged the vote was rigged.

The Malawi Electoral Commission (MEC) had asked for a 30-day extension to announce the results so that a recount could be carried out.

However, the High Court refused to delay the release of results.

“The law is clear, there is no extension,” judge Kenyatta Nyirenda said.

BBC

Mec declares DPP’s Peter Mutharika and Saulos Chilima President-elect and Vice president elect of the 20 May tripartite elections

“By virtue of authority vested in me, I Justice Maxon Mbendera declare Peter Mutharika as president elect…”

Mbendera declares DPP Pro. Peter Mutharika as President of Malawi

FULL proceedings By patulani samson @patulanisamson 

 Final tally Mutharika= 36.4% Chakwera = 27.8% Banda =20.2% Muluzi= 13.7%

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