On Tuesday, the Nkhatabay Central Member of Parliament wrote MEC through Mbulo Attorneys At Law demanding compensation amounting to K600million for the “trauma” following the Supreme Court’s nullification of his 2019 victory.
MEC Director of Communications Sangwani Mwafulirwa told MBC Online on Thursday that the commission has indeed received Kaunda’s demand letter and that a response will be drafted directly to him.
“I can confirm that the commission has received the demand letter from Honourable Vuwa Kaunda. The Commission is going to look into the issue and possibly draft response to him within the time he has requested.
“As per official communication, the Commission is going to send the communication direct to him. We will not do the style which they did of leaking documents to the media before they reach the intended addressee. We will respect the official communication protocols. It will be up to him to disclose what has been the response of the Commission or not. We respect the privacy of our clients and stakeholders,” said Mwafulirwa.
In the letter, the politician argued that in the initial trial- between him and archrival Ralph Mhone-the High Court dismissed petition for nullification of results on the grounds of insufficient evidence, but ruled that MEC did not comply with Sections 89, 93, and 94 of the Parliamentary, Presidential Election Act of the Laws of Malawi, a basis which Mhone used to take the matter to the Supreme Court.
“After hearing the appeal, the Supreme Court of Appeal on 21st April, 2021 nullified our client’s victory on the basis that your institution failed to comply not only Sections 89, 93, and 95 of the PPEA but also Section 94 of the PPEA.
“Further the Malawi Supreme Court of Appeal faulted your institution for failure to bring original documents that were in your custody before the court in order to support your position that our client emerged victorious in the 2019 Tripartite Elections,” said the letter, which is signed by Lawyer Leonard Mbulo.