20101210
africanews

Barely a few days after President Bingu wa Mutharika ordered the dissolution of the Malawi Electoral Commission (MEC) due to a massive US$9.2 million fraud allegation, a High Court judge, Justice Anaclet Chipeta, Thursday evening granted an injunction stopping the president from sacking the commissioners.

Ralph Kasambara of Ralph and Arnolds law firm representing the Malawi Law Society (MLS), told Justice Chipeta the Constitution does not give powers to the President to fire the Commissioners.

“Nowhere does the Constitution say the President can suspend members of the Commission.

“ Section 75 (4) of the Constitution say a member of the Electoral Commission may be removed from office by the President on recommendation from the Public Appointments Committee on the grounds of incapacity or incompetence in the performance of the duties of that office,” challenged Kasambara.

An audit report by private auditor, Price Water House Coppers (PWHC) revealed millions meant for the forthcoming April 2011 Local Government Elections (LGEs) could not be accounted for.

The interim injunction means that the Commission will have to commence business as usual, and items belonging to its staff will be returned.

Political parties and other stakeholders have also argued the dissolution of the entire body is unconstitutional and may lead to fraud in the electoral process and results.