High Court defers legislators’ case
The High Court in Lilongwe yesterday deferred hearing of the elections case which some concerned citizens filed seeking to nullify the May 21 parliamentary election on the basis of irregularities.
The case, which Justice Ruth Chinangwa is presiding over, is supposed to be in progress after filing of affidavits by concerned citizens.
But lawyer Titus Mvalo, representing sitting members of Parliament (MPs), made an application for an inclusion of some MPs as parties to the case.
Again, lawyers representing the concerned citizens and the MPs arrived at the consensus last week that the case should commence after the Malawi Supreme Court of Appeal judgement on the appeal case on the nullification of presidential election is delivered.
A group of unnamed people calling themselves ‘concerned citizens’ tendered an application to the court through lawyer Wesley Mwafulirwa after some former legislators, who lost their seats during the May 21 2019 Tripartite Elections, did not succeed on the same.
During a chamber court session held in Lilongwe yesterday, Chinangwa pended hearing of the matter until the time when the Supreme Court will deliver the ruling on the application of appeal.
The Malawi Electoral Commission (MEC) and President Peter Mutharika filed an application against the February 3 2020 of the High Court of Malawi sitting as the Constitutional Court judgement that nullified the May 21 2019 presidential election.
The case is expected to be heard 14 days after the Supreme Court’s ruling.
In the case, Mwafulirwa is arguing that the parliamentary election was conducted concurrently with the presidential election. He, therefore, contends that the fresh election should include the Parliamentary one.
He said: “We sought an adjournment to pend the case for the judgement from the Supreme Court. The judge asked us questions in terms on how the case should proceed.
“The concerned citizens will come to cour, but the main issue is that if the elections were not properly managed and these elections were done concurrently according to section 80 (1) of the Constitution, what it means is that it is the Tripartite Elections which was not properly managed.”
Mvalo said parties agreed to pend hearing considering some factors. They are of the view that if the appeal case succeeds, then this case will fall out. But if the appeal fails, then they will proceed with the case.
