The High Court in Blantyre has dismissed an application by Malawi Electoral Commission (MEC) to throw out a case in which three Malawi Congress Party (MCP) parliamentary candidates in Chikwawa and Nsanje districts are challenging results of the May 21 parliamentary elections.
Kafandikhale Mandevana of Nsanje Central, Enoch Chizuzu (Nsanje North) and Foster Thipiwa (Chikwawa East) are challenging results of the parliamentary elections.
MEC declared Francis Kasaila of Democratic Progressive Party (DPP) in Nsanje Central, Esther Mcheka-Chilenje of Nsanje North (DPP) and Sam Khumbayiwa of United Democratic Front (UDF) in Chikwawa East winners.
Lawyer Dalitso Mataka, representing MEC, asked the court to dismiss the case, saying the three petitioners did not have sufficient evidence and that they sued a wrong party as all the polling materials are with the Clerk of Parliament.
Judge Sylvester Kalembera dismissed the application and allowed the case to proceed.
The judge ordered that the electoral commission to produce all the documents it used in the polls for the three constituencies.
The order states that MEC should produce “ original result sheets for all the polling centres in all the three constituencies involved, duly signed by the respondents’ agents and agents of the candidates and or political parties, including those of the petitioners.”
The court has also ordered MEC to produce original tally sheets, counterfoils, log books and register of voters ticked.
The judge said the case should return to court on July 29 2019.