ConCourt dismiss MEC, Mutharika demand for costs from Chilima 

September 17, 2019 Wongani Chiuta - Nyasa Times 22 Comments

The  Constitutional Court (ConCourt) in Lilongwe  has ordered that UTM Party presidential candidate Saulos Chilima will not pay any costs for withdrawing   all his 34 remaining witnesses in the historic elections petition case.

Chilima: Court orders that he will not pay costs

Chilima last week withdrew the witnesses to close his case as first petitioner in the interest of an expedited trial according to Chikosa Silungwe his lead lawyer.

But the withdraw of the witnesses compelled lawyers representing first respondent Peter Mutharika and Malawi Electoral Commission (MEC), to demand costs from Chilima as they invested on research and prepared for the case based on sworn statements the withdrawn witnesses filed.

The respondents argued that they spent money travelling across all regions, conducting interviews with the withdrawn witnesses and prepared their cross-examination based on their sworn statements.

But Silungwe, in court, argued that since the withdrawal of the witness was made in the interest of saving time, which is also backed by Civil Procedures, costs be in the cause, meaning the issue of costs be decided at a later stage, be it along the way or at end of the case.

Making their determination on Tuesday, the five-judges panel ordered that there should be no costs paid by Chilima.

In reading the ConCourt determination, judge Dingiswayo Madise said the costs are awarded at the discretion of the court.

He said the court will not determine any costs as the matter if of public interest and costs should not be used to discourage people from seeking justice.

“Cost should not be a weapon to penalise the public in their quest for justice,” said the judge.

Chilima’s lawyer. Silungwe said they did not want to continue parading witnesses who will come to court and repeat same things other witnesses have testified already, saying their case was premised on two pillars; irregularities and fraud.

The petitioners contend that Mutharika “won a fraudulent May 21 2019 Presidential Election” fraught with irregularities, including alleged tampering with election results sheets with Tippex and want the court to nullify the results and order a re-run.

Follow and Subscribe Nyasa TV :
Follow us in Twitter

22 replies on “ConCourt dismiss MEC, Mutharika demand for costs from Chilima ”

  4. izi ndiye muziona zinkhala headline pa zbs komanso capital fm, but do see how mbwerera mboni za a chilima the way they presented thier issue? zamanyazi a zodiak zimnezija sangalembe koma boma likaomba mwala ndiye kuthamangiea, mwaona nkhani a vuwa kaunda kuti a wina zodiak SINGANENE KOMA PADZULO PAJ AMATHAMANGIRA KUNENA KUTI NKHAI ILI KUKHOTI IF VUWA HAD LOST, BWENZI ILI NKHANI PEPANI A MARIA CHIDZANJA NKHOMA PAJA NDINU A TAMBALA WA KUDA BUT DONT FOEGET U HAVE LISTERS FROM ALL DE PARTIES THERFORE BALANCE YOU REPORTINGSHAMEEEEEEEEEEEEEEEMANYAZIiiiiiiiiiiiiiiiiiiiiiiiiii , CAPITAL FM ETI MMAMAWA AROUND 8 THERE WAS AN ANNOUNCER ETI KUCHITA KUCHEMERERA KUTI MAWA MADEMO I THOUGHT YOU AR THE REFEREES WHY TAKING SIDES,? PAJA PA MALAWI IF ITS AGAINST DE GOVERNMENT THATS DE NEWS BE FAIR IN YOURREPORTING. A HUMPRY MVULA PAJA MUNA GWETSA UTM BUS COMPANY NDINU LERO NDINU A NGELO, WHAT TYPE OF A SO CALLED POLITICAL SCIENTIST WHO ALWAYS LOOKS AT NEGATIVES ABOUT DE GOVERNMENT? BE NEUTRAL, YOU BOUGHT A BIG LAND IN NKHOLONGO IN MZUZU BT A TOLANKHANI ATHU A BODZA THEY ARE SAYING NOTHING ONSE A THINDWA A GEORGE PHIRI ONSE A BONDZA OKHAOKHA A TAMBLA WAKUDA, BALANCE UR REPORTING ON ISSUES. A BRIAN BANDA PAJA NDINU A PP PAJANSO MUNALI KU STATE HOUSE NTHAWI YA CAHS GATE KODI LERO MWAYIWALA A BUSA? ZAMANYAZiiiiiiiiiiiiiiiiiii A KASAKULA PAJA MASOANALI KU MBC KUKAKHALA DG POTI MWALEPHERA NDIYE SIMUNGANENE ZABWINO AZ BOMA KOMA INAKATI MCP YA WINA BWENZI KULI PROPAGANDA TIME PLUS MBC ooooooooooooooooooooooooooooo ZBS CHONDE SINTHANI ALSO LOOK AT POSITIVE ABOUT DE GOVEERNMENT AKAZAKO MWATANI KODI MUNAYAMBA BWINOTU WAKUSOKONEZENI MARIAYO CHIDZANJAYO ETI SHAMEEEeeeeeeeeeeeeeeeeeeeee SINDIYE KUTI MWAWINATU A CHAKWERA TIONA MAWA KU KHOTI MUSAYIWALE NDALAMA ZA MPINGO KWA ASSEMBLIES TIONAaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa

  6. Wins wake wanena kuti ena ake amafuna and alephera, kunena zoona some people on social media always want to portray a bad picture of dpp. What I should tell you is that the party has followers that loves the party dearly. Zinazi ndizongolemba anthu odananacho chipanichi koma sizitheka ayi. We still love the party. Here we go dpp.

  7. 6 MILLION YAPITA MADZI IJA AMBETA MUNAPEREKA KUMBONI ZA UTM, ZIMENE ZIKUCHITIKA KU KHOTI MUNAKAKHALA AMBETA NDI ANZANU AKAPHLE MUNAKAZIFUNSA MAFUNSO, MIZIMU YA ANTHU IKUDANDAULA KWAMBIRI

  12. Kodi Nkhaniyi mwainvesa? The Court said, it should not be seen as punishing one side as this will be decided at the end of the case. The implication is that the court has held and will be considered at the end. We all want a fair judgement by our learned Judges, but do not smooth issues. Ai lekani

    1. Yes u r right bcoz even Silungwe has admitted that the issue of costs might be decided at a later stage but in the meantime it will be like diverting the minds of utm to concentrate on the case and starting hunting for the money dpp and mec is demanding. Ndiye making comments kumawerenga bwinobwino other than a rush.

  13. Closely watching…Don’t sale this country please you judges…I think about your future grandsons and daughters if you let this country to be ruled by these corrupt minded DPP..I am about your today’s judgement that costs should not used to discourage people from seeking justice

  16. chilima winning it again. registration of the party he won. whether there is a case or not, he won again. whatelse is remaining? i see win win win win win win win and winisoooooooooooooooooooooo!!!!!!!!!!!!!!!!!!!! tukavotaso pa 20 december

Comments are closed.