Constitutional court adjourns to Friday over election case

A five-member judge of the Constitutional Court has adjourned to Friday when it will make a ruling on whether President Peter Mutharika’s application to strike out the presidential election challenge case or not.

Chakwera going out of court

The judges will also at the 3pm rule whether Zodiak and Times Group can beam proceedings of the court case live from the Constitutional Court sitting at the High Court premises in Lilongwe.

However, attorney general Kalekeni Kaphale stood against the court ruling on the live broadcasts, saying the court can make the ruling at a later date.

Earlier in the day, lawyers for president Peter Mutharika formally asked the five-judge constitutional court sitting in Lilongwe to strike off the high profile poll challenge case.

Both UTM publicity secretary Joseph Chidanti Malunga and Malawi Congress Party (MCP) secretary general Eisenhower Mkaka told their respective supporters outside the court that the judges adjourned the case for 15 minutes just before lunch to deliberate on the grounds put forward by Mutharika’s legal team to strike out the case.

The rescheduling conference is in camera and party supporters, especially from the MCP and UTM rely on their officials who were constantly briefing the party faithful and had to brave somehow a chilly weather in the capital to give a boost to the legal team.

The Mutharika has raised three main preliminary issues for the determination of the Constitutional Court.

“…that the UTM petition be struck out for being irregular, incompetent and incurably defective, that the MCP has not filed any election petition known to the law within the prescribed seven days’ period and should therefore be removed as a party to these proceedings and that the purported election petition by MCP be struck out for being irregular, incompetent, embarrassing and incurably defective,” says the notice in part.

The Mutharika argues in the application that the UTM president Saulos Chilima petition was not supported by any sworn statement filed within the prescribed seven days and cites wrong sections of the parliamentary and presidential elections Act.

The ruling party also says that the purported MCP president Lazarus Chakwera petition is a purported sworn statement by Dr. Lazarus Chakwera but signed by lawyer Titus Mvalo without any jurat.

“The said sworn statement was not attested before a commissioner for oaths as required by law and the nature and purpose of this document is unknown as is alien to the law as it is neither a petition nor a sworn statement and it is therefore embarrassing to the respondents,” says the application.

The DPP also argues that the purported election petition was not duly filed with the court as it does not have the requisite court stamp signifying payment of the requisite fees and it purports to verify a petition that does not exist.

The ruling party has asked the court to strike out both petitions for being irregular, incompetent, embarrassing and incurably defective.

 

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Njolo mpilu
Njolo mpilu
2 years ago

Kaaaamba!!!!!!
Bwanji osangotiuza zoona zake.anthu ophuzila so called just flipping the ordinary citizens like pancakes all bcoz of free money

Kotakota mtalamo
Kotakota mtalamo
2 years ago

Jamax umbuli kapena u cadet?

Jamax
Jamax
2 years ago

Izi ndi za anthu omwe amavetsa za malamulo a constitution osati futali ayi – isaaaa kuthamagila ku court chimbulimbuli pomwe malamulo simumawaziwa – Chonde a Chilima ife timakunyadilani tazisiyeni izi chifukwa inu munazidoda nokha ndi legeni lanu lomwe mumvekere mukufuna kulasa Pumbwa pomwe Pumbwa muli inu nomwe kkkkk!!!!!! kaguleni legeni lina ndipo mubwere nalo pa 21 May 2024.

Dr in CPT
Dr in CPT
2 years ago
Reply to  Jamax

kkkkk akumana nazo amayeza pa mchenga

MASO ENA
MASO ENA
2 years ago
Reply to  Jamax

TWO THINGS THAT MALAWIANS FEEL ARE SACRED 1. LAW 2. INSURANCE, MBUZI NGATI INU MMAONA NGATI OKAZINGA MANDASI SANGAPHE NKHUKU. A RASTA ANAYAMBA KUSAPOTA INU AJA ANANENAPO MOTHANDIZA MBULINU KUTI MALAMULO ATANTHAUZIDWE MU CHICHEWA. EVEN CHIMULIRENJI COULD HAVE BENEFITTED FROM THIS.

MENTAL CLINIC
MENTAL CLINIC
2 years ago

FREEDOM IS COMING TOMORROW!!!!! HAHAHAHAHAHAHAHAHAHAHAAHAH ABIDA I THINK( I KNOW) YOU ARE NOT A NORMAL PERSON, YOU SHOULD BE PUT TO ZOMBA MENTAL HOSPITAL WHERE YOU BELONG. WHAT FREEDOM SONGS ARE YOU TRYING TO SING??? FREEDOM YOKUBAAAA???? GET A DAY JOB., ITS OVERRRRRRRRRRRRRRRRRRRRRRRR

Tozer Tsono
Tozer Tsono
2 years ago

Why is Peter Mutharika the first respondent in this case? He can not speak to MEC’s motive for the alleged irregularities. A motion to dismiss his involvement and his motion to dismiss the MCP and UTM case, is in place. If the courts ruled against MEC, Mutharika can challenge the ruling. On the whole, something is puzzling about this case: why did MCP and UTM agree to join their cases? A ruling for or against one, would be a ruling for both. If I were representing the plaintiffs, UTM can join MCP case. and MCP join UTM case. The case… Read more »

Mlauzi
Mlauzi
2 years ago

Wanted to say hardcore blue cadet. Wish I had tippex to wipe out the whole trash

Mlauzi
Mlauzi
2 years ago

Irregular, incopemptent, embarrassing and incurable defective by a die hard blue cadet. So one sided. Wish I had tipped to wipe out the whole trash

Maunitsi
Maunitsi
2 years ago

DPP Munya muona. 17 Million people are forwarding to seek just in these elections and that it will not work out. The arguments raised clearly indicates lack of seriousness and pressure to keep fraudulent person on presidence which is being denied by God. Justice will prevail and we are waiting eagerly on the matter.

UTM ref
UTM ref
2 years ago
Reply to  Maunitsi

Dont think every one is on ur sise ngati ululiea ndizako

Acapulco
Acapulco
2 years ago

How was mcp lawyer supposed to know all those requirements? Especially concerning the so called ‘jurat’

MASO ENA
MASO ENA
2 years ago
Reply to  Acapulco

SANAPITE KU SCHOOL?

Smart Aunt Sally
2 years ago

Where is tippex here?

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