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Parliament Moves To Act On Elections Court Ruling

Parliament Moves To Act On Elections Court Ruling

Parliament says it will move on to implement the High Court ruling on the annulment of last years presidential election results.

Speaker of Parliament Catherine Gotani Hara said plans are underway to implement the ruling.

Parliament moves to act on fresh polls

“The courts have interpreted the law. It’s therefore incumbent upon us to ensure that we carry our Constitutional mandate as guided by the courts,” said Speaker Gotani Hara.

The Speaker of National Assembly said Parliament will start deliberating orders made by the Constitutional Court in relation to fresh election.

“Parliament will start meeting next week Monday to start deliberating on the court ruling,” she told journalists in Lilongwe on Thursday.

Hara added that the Public Appointments Committee of Parliament will start meeting tomorrow, Friday, to look into the issue of the appropriate appointment of MEC Commissioners as ordered by the Constitutional court.

The Legal Affairs Committee of Committee will also scrutinize the court order to issue a report that would help guide the forthcoming deliberations.

Gotani-Hara added that Parliament will extend their working schedule to weekends to meet the 21 days of the court order on the directives.

Court Interpreted the Law, We will Follow

Among other pronouncements made during the Monday ruling, the Constitutional Court made specific orders directed at Parliament to use its legislative powers to enact legislation for MEC and stakeholders to abide by the Constitution in the conduct of Elections in the country.

These include that Parliament should take appropriate legislative measures to ensure that: the date of the general election under section 67 (1) of the Constitution is made certain, that whoever is elected President of the Republic during the fresh elections, is allowed to serve the constitutionally prescribed five-year term, that the Appointments Committee of the National Assembly should, in terms of section 75 (4) of the Constitution and inquire into the capacity and competence of the Electoral Commission’s current commissioners, to oversee the conduct of the fresh elections.

The court also ordered that Parliament should take necessary amendment action in respect of section 75 (1) of the Constitution so that the appointing authority of the Chairperson of the Electoral Commission is clearly provided for; and that Parliament must, within 21 days from the date of the ruling, make appropriate provisions for the holding of the Presidential run off in the event that no single candidate secures the constitutional majority under section 80 (2) of the Constitution as interpreted by the court.

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