ConCourt dismiss MEC, Mutharika demand for costs from Chilima 

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to demand costs from Chilima as they invested on research and prepared for the case based on sworn statements the withdrawn witnesses filed.

The respondents argued that they spent money travelling across all regions, conducting interviews with the withdrawn witnesses and prepared their cross-examination based on their sworn statements.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

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yona gama
yona gama
1 year ago

shame MEC

Tipp-Ex President
1 year ago

Iwe Vuwa Wakathirako zake uko !!!!!!!!!!!!!!!!!!!!!!!!

ANSAH MADANDO PITALA

LONG LIVE GUENUINE JUSTICE !

phiriwaphiri
1 year ago

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… Read more »

Charie
Charie
1 year ago
Reply to  phiriwaphiri

Zoonadi aphiri muuzeni chilima ndi zodiak kut ndi wolephera

Kaitano
Kaitano
1 year ago
Reply to  phiriwaphiri

Kikkkkkk kikkkkkk bodza ili, mukuva pheni

TOSH
1 year ago

A UBALE YOU ARE HAVING FALSE HOPES

Mbwiye
Mbwiye
1 year ago

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.

BINYA
1 year ago

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

Ubale
Ubale
1 year ago

it has been put on hold musatinamize nafe tokumvetseratu

BIG P
BIG P
1 year ago

Malaya athina kkkkkkkkk

Coaster
1 year ago

Hahahahah koma DPP apa ndiye yaponda matope basi

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