Malawi Supreme Court of Appeal has rejected an attempt by President Peter Mutharika as well as Malawi Electoral Commission (MEC) to prevent the Constitution Court judges hearing the presidential elections case.
The bid to dismiss the case on technical ground was rejected by the High Court sitting as the Constitutional Court on June 22 2019. nevertheless Mutharika as well as MEC filed an appeal to the Supreme Court which heard the matter on Thursday.
creating the ruling, the bench of seven judges led by Chief Justice Andrew Nyirenda rejected the appeal bid with costs.
“Our answer is usually yes, these matters are appealable under provisions 21 as well as 23. Proceeding via there, we notice a couple of issues (A) there are no notice appeal files by the first appellant (b) there is usually a notice of appeal by the second appellant nevertheless the matters are matters raised by the first appellant as well as not the second appellant within the court below,” said justice Nyirenda within the ruling.
“Having made these observations, having heard the skeleton arguments as well as having heard counsel This kind of morning orally as well as having considered the matter in entirety we dismiss the matter with costs,” he ruled.
The ruling by Justice Nyirenda means the Constitutional Court will continue to hear the presidential elections case.
Mutharika took the presidency with just 39% of the vote in a wide field. His opponents, led by runner-up Lazarus Chakwera, accused Mutharika’s Democratic Progressive Party (DPP) of tampering with results in some parts of the country.
At the Constitutional Court, Attorney General Kalekeni Kaphale completed cross-examining first petitioner Saulos Chilima after keeping him within the witness stand for several days.
The court continues sitting on Friday in Lilongwe.
Judge Healy Potani said on behalf of the panel of Dingiswayo Madise, Redson Kapindu, Mike Tembo as well as Ivy Kamanga in which on Thursday in which they might utilise the time to discuss case management as well as look into how best to proceed with the case so as to handle the item within time.