Vuwa takes constituency fight to African court

Former Nkhata Bay Central legislator Symon Vuwa Kaunda has taken the fight for his seat to the African Court on Human and People’s Rights, saying the nullification of his May 21 2019 victory was erroneous.

His appeal comes against the background of the Malawi Supreme Court of Appeal decision in April this year to nullify the results that ushered him into Parliament due to irregularities.

A copy of the notice on the application from the court to the Malawi Government, through the Malawi Embassy in Addis Ababa Ethiopia, shows that among other remedies, Kaunda is seeking provisional measures to stop implementation of the Supreme Court judgement, including by-elections scheduled for June 29.

Filed a case with continental court: Vuwa Kaunda

In a telephone interview yesterday, the embattled politician confirmed filing the case to the African Court on Human and People’s Rights, saying the Supreme Court nullified the election results “without justification”.

Kaunda accused the local Judiciary of targeting the former governing Democratic Progressive Party (DPP) in its decisions.

He said: “A khoti akangoona DPP akukhwacha [The moment the court sees DPP among parties to a case, they rule in favour of the other party].

“I won this election and I am not happy with the way the Supreme Court treated me. That is why I have gone to the African court.”

Kaunda argues that he was unjustifiably deprived of a right to be heard after the court refused to grant him an extension of time to allow him present more documentary evidence.

In an interview yesterday, Ministry of Justice spokesperson Pirirani Masanjala confirmed receipt of the notice of application from the African court and that they are currently studying it.

A notice from the African court signed by its registrar Robert Eno is asking Malawi to make submissions within specified time-frame.

“You are required to file your observation on the request for provisional measures within 10 days. Transmit the names of your representatives within 30 days and file your response to the application within 90 days,” reads the notice.

Results of the annulled election as announced by Malawi Electoral Commission indicated that Kaunda won with 6 415 votes against 6 407 for his closest challenger Ralph Mhone of People’s Party.

Mhone challenged the results in the High Court where his bid was dismissed in September 2019 for lack of sufficient evidence.

However, the Supreme Court overturned the High Court decision and ordered for a fresh election.

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