Chakwera’s lawyer says election case could end in 2025

Malawi Congress Party (MCP) president Lazarus Chakwera  lead lawyer in the presidential election petition case, senior counsel Mordecai Msisha was on Monday was forced to apologise to the Constitutional Court when he said the case was proceeding slow and it could  end in 2025.

One of MCP’s lead lawyers, senior counsel Mordecai Msisha had to say sorry

The case has 800 witnesses and estimates indicate the matter might end early next year.

Judge Healey Potani, chair of the five-judge panel of Dingiswayo Madise, Redson Kapindu, Mike Tembo and Ivy Kamanga, sitting as the Constitutional Court in Lilongwe, was not amused with Msisha’s assertion that the case could drag to 2025, saying that could be misleading the public.

Justice Potani chided Msisha for the suggestion that the case could prolong to 2025, saying the assertion may send a “wrong signal to the public”.

“We are still reviewing the issues but we feel that we should not expedite the case at the expense of justice but what you have said will be at the back of the mind.  I am not happy with what you have said about the case ending up in 2025, it may send a very wrong signal to people listening outside,” Potani said.

Msisha apologised for any “overreach” in his comments but maintained his stance on  delays.

The UTM Party and MCP legal teams have accused the DPP and MEC legal teams of employing tactics to delay the case, including repetitive questions.

Justice Potani, nonetheless,  expressed worry over the objections in the trial.

He noted that on Monday they did not cover much ground because of the interjections. Potani advised the lawyers to be innovative in order to make some good progress.

The court has since provided directions that  parties in the case should submit a checklist of facts that are undisputable so that cross-examination should be done only on disputable facts.

Registrar of High Court and Supreme Court of Appeal Agnes Patemba said there is no specific duration to hear the elections petition case.

Patemba, who is Judiciary spokesperson, said the constitutional court gives judges mandate to make their determination for a maximum of 45 days after conclusion of hearing the case.

“There are rules that govern elections, Considering that the case is now at the Constitutional Court, there are also rules that are followed,” said Patemba.

Patemba said it will not be possible for the elections case to end in 24 days with large volume of court documents and battalion of witnesses.

She said the case has documents that can fill a three-tonner lorry and the Judiciary has a set a big room to keep the documents.

The electoral commission declared Mutharika, the leader of the ruling Democratic Progressive Party, the winner of the May 21 election with 38.6% support in the “first past the post” race. Lazarus Chakwera, who heads the MCP, was said to have secured 35.4% backing. UTM leader Saulos Chilima, who was Mutharika’s deputy in the previous administration but quit last year in protest at the government’s perceived failure to clamp down on graft, won 20.2%.

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Mesimadzi
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Mesimadzi

Ngati munasiya ubusa nkumaganiza kuti mukhala pulezidenti khalani ndi maloto anu achumbawo.

Mbwiye
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Mbwiye

When chilima and chakwera took the case to court, some pipo were thinking that the issue would be tackled within days less than one working week days. However, what is coming out is that the proceedings may take long than anticipated. Therefore, counsel msiksa is close to the truth by jokingly saying that the case proceedings may go as far as 2025. On another note, case yayamba kubowa kubverere iyi. Muzipanga usiku a maradio masana tiziverako zina. Anyway thats my observation.

Masasa
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Masasa

I used to think that Nyasatimes is not biased. But all its titles are in defense of DPP. What a way to throw away your remaining credibility to the dogs.

Ambuje Kukaya
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Ambuje Kukaya

I have read the story, and it appears this author has chosen to pick a statement which the lawyer has apologised as an “overreach”. My colleagues, please ignore this story by Chem’bwana.

TIWONGE
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TIWONGE

Msiska not Msisha chondeeee. i hate people who pronounce Ska as Sha. Mxiiiiii.

Revolutionary
Guest

Msisya and msiska are different

joseph Banda
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joseph Banda

tiwonge, ask him he is known as Msisha

Maunits
Guest
Maunits

What Patemba is saying is cadet like how can she say the court can no handle the case within 24days really. Straight forward case all judges were in the coutry since elections and saw themselves how elections were rigged. Do you need months to deliver justice Mrs kaya Ms Patemba. This is not good Courts are last resort to seek justice and delay in this case is delaying in justice delivery that remains detrimental to Malawians and Malawi as a country. Speed up the case to deliver justice we waiting from courts here.

Sele
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Sele

Kkkkk mitu ikulu ikulu yayiunika nkhani

Justice Usiwa
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Justice Usiwa

What case is this?Your fellows in Kenya made it in 3Weeks .Does it mean our judges are not update?borrow the leaf from Kenya, don’t let Malawians down.If you delay more damage will be caused to country. Borders will be on blaze.Muthalika is mutchoma he does not care he has second home.

Vigugu
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Vigugu

Kenya is not a standard for Malawi to follow. Their elections were marred with violence just falling short of a genocide. Let us handle our mess our own way. Que sera, sera.

Peloma Pepe
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Peloma Pepe

True @vigugu

FOOLISH QUESTIONS ARE QUESTIONS
Guest

A SINGLE JANE ANSAH MADANDO 147 RESOLVED ALL 147 MADANDO WITHIN 2 TO 3 HOURS —– WHY IS IT TAKING ALL THIS LONG TO NULLIFY THIS TIPPEX AMATEURED ELECTIONS WITH ALL LEARNED LAWYERS AND JUDGES IN MALAWI INVOLVED ??

Charie
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Charie

MCP siyikunama mulandu udzatha 2025