Movement for Mbakuwaku Movement for Development (MMD) has written the chairperson of the Malawi Electoral Commission Justice Chifundo Kachale, asking him to nullify the candidature of Democratic Progressive Party president Peter Mutharika and Malawi Congress Party president Lazarous Chakwera.
MMD whose president Peter Kuwani contested the Presidential election is arguing that the two political parties did not adhere to the Malawi Supreme Court of Appeal (MSCA) ruling that stated that political parties whose rights were injured by the Conduct of the Commission were the ones to contest.
“Basing on the fact, point of law and MSCA consequential directions and recommendations on candidates, MEC should nullify the candidature for Dr Lazarous Chakwera and Professor Arthur Peter Mutharika for being reconstituted.
“It is apparent that MSCA consequential directions and recommendations as regards to candidates should be in tandem to consequential directions and recommendations on voters’ roll,” says the letter signed by its President Kuwani.
He goes on to argue that if indeed Chakwera and Mutharika won the elections, because they had winning teams, why are they changing their running mates.
“Unless legally proven or directed otherwise, Peter Sinosi, Driver Kuwani is the sole candidate who fully adopted the MSCA consequential directions and recommendations for the presidential election.
“The presidential candidature of Dr Lazarous Chakwera and Professor Arthur Peter Mutharika are products of reorganisation as they do not bear resemblance to a candidate presented to voters on 21 May 2019… and are a fraud,” he argued and called on MEC to nullify their candidature.
If their candidature is nullified, Kuwani, automatically become that last man stand and will be declared winner
Kuwani said he already wrote to Commission on May 26th but outlining these facts but got no response.
But legal experts have interpreted the MSCA ruling to mean anyone who contested the May 21 election can participate