Court reserves ruling on MP Dzoole Mwale against MCP on candidature for Lilongwe Msozi South

High Court Judge Justice Kenyatta Nyirenda on Thursday reserved a ruling on the request by the complainant, Member of Parliament for Lilongwe Msozi South, Vitus Dzoole Mwale in which he is praying to the court  not to recognize Liana Kakhobwe who is said to have won the primaries which took place on September 29, 2018 at Mwatselera Primary School.

Briefing journalists outside the court in Lilongwe soon after the adjournment, MCP lawyer Charles Mhone of Maxon, Arnold and Associates said the judge has reserved his ruling following submissions from both sides.

Lawyer representing Vitus Dzoole Mwale, Panji Chirwa of Ben and Winston Attorneys said the judge has heard submissions from both sides and he has reserved the ruling until such a time that he will be ready to deliver.

Chirwa said he produced photos of what transpired at the primaries and the lines clearly shows that Dzoole Mwale had many people who queued behind him than the number of people who were behind Liana Kokhobwe.

Vitus Dzoole Mwale through lawyers Ben and Winston Associates  rushed to court  to obtain am order that MCP should not recognize  Kakhobwe as the parliamentary candidate citing that he is a legitimate winner.

The legislator  argues that after seeing that his opponent is losing, she together with Peter Chalera left the polling station but only to hear an announcement on social media that  Kakhobwe had won.

Responding to the affidavits by Ben and Winston, Maxon Arnold Associates argues that the balancing of convenience or justice, in granting or refusing an injunction may be achieved by considering the strength of the a party’s case.

The lawyers further argued that preserving the status quo by among other things. restraining defendant from effecting the electoral results and this time thrusts injustice, unfairness and inconvenience on the part of the defendant on the grounds that the defendant as that will greatly affect its preparations for the tri patite elections which are coming up in May.

“Therefore, the defendant is greatly disadvantaged and inconvenienced and the injury and loss it would suffer if the injunction is granted.”

According to affidavits deposited with the court, there were 50 areas, 30 constituency members and 5 district members who formed the electoral collage.

According to the affidavits candidates who battle it out were Dzoole Mwale and Liana Kakhobwe and that the primaries were presided over by Richard Chimwendo and Peter Chalera.

According to the affidavits, during the voting process 48 areas rallied behind Dzoole Mwale while only two were behind Kakhobwe Chapota. On top of that, all districts and constituency members voted for Dzoole Mwale.

However, according to affidavits Chalera and Chapota left the place leaving behind only Chimwendo Banda who declared Dzoole Mwale the winner.

In an interview, Lilongwe Msozi South Constituency chairperson Erick Kachama said they were surprised to hear on social media posted by Chalera that alleged that Liana has won.

According to Kachama, the delegates were shocked to learn through whatsapp that Chapota has won.

The constituency committee has been asking the party leadership for a re-run since they felt that they have been robbed of victory.

Kachama added that they were  surprised  that when they visited the party’s regional office and director of elections’ office they both said they were not aware of the results.