Attorney General Kalekeni Kaphale has apologized unreservedly in Court on behalf of Malawi Electoral Commission (MEC) chairperson Jane Ansah who in a sworn statement called a Constitutional Court sanctioned parliamentary Public Appointments Committee (PAC) hearing on the competency of the Malawi Electoral Commission (MEC) as a sham inquiry.
Kaphale, who never drafter the sworn statement, made the frantic apology during the Constitutional Court election case ruling stay order application in Lilongwe on Wednesday.
The five-member Constitutional Court judge panel confronted the Attorney General over the MEC chairwoman’s sworn statement for describing the parliamentary hearing as sham inquiry .
In the court, Kaphale asked that the use the principle of Section 63 which gives MPs benefit of stay when they appeal against their removal from Parliament when they have appealed.
He said if MPs are allowed to hold on to office while appealing, the fact that the current case involves the presidency makes it even more compelling for the court to grant the stay.
Kaphale further said the court should consider more the risks of injustice to any of the parties if a stay is not provided.
Justice Redson Kapindu however intervened on Kaphale’s point, asking the AG whether there is a difference in the principle of Section 63 & the decision of the Constitution Court.
Justice Dingiswayo Madise said, “he who seeks equity must come with clean hands. Has the judgement of 3rd February 2020 been complied with in full?”
The Constitutional Court in its landmark and historic ruling on the election case, annulled the May 21, 2019 presidential election, reverting the country to the 2014 election which put President Peter Mutharika and Saulos Chilima to the presidency and vice presidency respectively.
The court also ordered parliament to hold parliamentary hearing on the competency of the MEC after the court discovered that the election was marred with irregularities and anomalies which had been so widespread, systematic and grave that the integrity of the results had been seriously compromised.