Court reschedules hearing of ‘stay order’ on Malawi fresh polls

The High Court of Malawi  has rescheduled the hearing  to Wednesday February 12 2020 for  an application from Malawi Electoral Commission (MEC) that that enforcement of the judgement by the Constitution Court (ConCourt) that nullified last year’s presidential election and ordered a new vote within 150 days,  be suspended pending appeal.

The court has earlier scheduled the hearing to Tuesday but a notice of rescheduling signed by High Court assistant registrar, Madalitso Khoswe Chimwaza, said it will now be on Wednesday.

“Let all parties take notice that ue to delays in parties service of court processes, the Court has rescheduled the hearing of the application by the 1st and 2nd respondents to suspend enforcement of a judgement to take place on Wednesday 12th February , 2020 at 8:30 in the forenoon,” reads the notice.

MEC  has filed 139 grounds of appeal, including an application for suspension of enforcement of the ConCourt judgement.

The appeal filed by MEC argues that the five judges erred in almost all their findings against the electoral body.

A sworn statement by commission chairwoman Jane Ansah who supports the appeal, says the ConsCourt overstepped its powers by ordering parliament to convene within 21 days to amend the Electoral Act.

On his part, President Peter Mutharika  has lodged 18 grounds of appeal, among them that the ConCourt erred in law in holding that in the 2019 presidential election there was an undue election of Mutharika as President.

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