The 1995 constitution committee report to parliament made it clear that determination of a winner on presidential elections is to be determined using first past the post (FPTP) or winner gets it all system.
The consititution report has vindicated those who suspected that the conccourt judges had a vendeta against DPP government and are working with opposition to have a soft coup by forcing parliament to pass laws that were already rejected.
In it’s rulling the constitutional court defined the word majority in section 80(2) as more than half of all votes combined (50+1) and ordered parliament to amend the Constitution to make provisions for procedures on re-run in case none of presidential contestants get less than the required threshold of 50+1.
The rulling has devided opinion among legal minds. First because the rulling was made despite the fact that no pettioner pettioned the court on 50+1 and secondly because the supreme Court and high court already made rullings on the same in 2000.
Some renowned legal practitioners and other participants to the 1995 Constitutional Committee have described the concourt judgement as questionable because had it been that the framers of our constitution defined the term majority as 50+1 they would not hesitate to insert provisions for the same which are being pushed now
On Thursday parliamant rejected a bill to amend the proposed section. Opposition Malawi Congress party members of parliament are expected to re-table the bill again on Monday which is the deadline set by the conccourt.
If the amendment will be rejected again something that is likely,the country will be thrown into a constitutional crisis.