In a letter from Mbulo Attorneys At Law, on behalf of Kaunda to MEC, which MBC Online has seen, 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 inorder to support your position that our client emerged victorious in the 2019 Tripartite Elections,” said the letter, which is signed by Lawyer Leonard Mbulo.
Mbulo said as a result of the nullification, Kaunda lost his seat in Nkhatabay Central and that he had to go through a psychological trauma on top of undergoing through another tiresome campaign incurring expenses for the fresh election.
“All the suffering came as results of negligence and recklessness of your institution as a duty bearer to follow the well laid down procedures as provided in the PPEA on how to conduct an election.
“Infact, had it been that your institution was diligent in the discharge of its statutory duties as provided for in the PPEA our client’s first victory in the 2019 could not have been nullified by the Malawi Supreme Court of Appeal.
“Therefore, after considering all the necessary facts and relevant laws, we find that your institution is liable for the suffering that our client has undergone due to your reckless in the discharge of your duties.
“Thus on behalf of our client we here by demand from you a sum of K600million to be paid within 14 days from the date hereof, said Mbulo.”
When contacted, MEC Director of Communication Sagwani Mwafulirwa refused to comment on the matter saying the electoral body has not received demand Kaunda’s letter.
“When we get it, as usual we will use the official channels to give our responses, it will be up to the addressee to make them public or not,” said Mwafulirwa. – Reported By Austin kakande, MBC Online Services.