Court rules full trial in Malawi elections case: Mutharika’s application ‘religious adherence to the rules of procedure’

High Court in Lilongwe has ruled to continue with the elections case and rejected the request by President Peter  Mutharika to throw out the case.

Malawi Congress Party (MCP) president Lazarus Chakwera and UTM Party president Saulos Chilima Saulos Chilima are challenging the outcome of the May 21 polls in which President Peter Mutharika was declared winner thereby securing another five-year term for his Democratic Progressive Party (DPP).

Opposition supporters – who have  been holding protests  calling on the president to resign on the grounds the elections were rigged – waited at the court to hear the ruling delivered in the evening.

disputed result of last month’s presidential election.

They started jubiliating when news filtered out of the court the the five-member judges panel allowed the court to proceed hearing the elections petition.

Private practice lawyer Frank Mbeta, who is representing President Mutharika,  had applied on behalf of the president  – the first respondent in the case – for the challenge to the election result to be dismissed on the grounds that the petitions filed by Chakwera and Chilima were irregular as they had not paid sufficient court fees.

But delivering the ruling, the Constitutional court  said  Mutharika’s basis of his application appears to be” religious adherence” to the rules of procedure.

“ The 1st Respondent has himself failed to strictly adhere to the rules of procedure by citing non-existent rules. Rules of procedure in the High Court are governed by the Courts (High Court) (Civil Procedure) Rules, 2017 and not CPR 2017. The application should accordingly be dismissed,” the judges said in their determination.

“ Assuming the 1st Respondent meant to refer to Courts (High Court) (Civil Procedure) Rules, 2017 when he referred to CPR, 2017, we submit that the Order cited by the 1st Respondent do not refer to striking out of a case for being irregular, incompetent or defective.

“ Order 10 is about applications in proceeding and interlocutory orders. There is nowhere in Order 10 of the Courts (High Court) (Civil Procedure) Rules, 2017 that talks about striking out of claims for any reason.  Moreover, the 1st Respondent has not cited the actual rule under Order 10 of the Courts (High Court) (Civil Procedure) Rules, 2017 under which his application is brought,” the court ruled.

The case will start on June 26, 2019.

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yemweuja
yemweuja
2 years ago

Ine ndizaseka limodzi ndiomwe ati adzatseke kumapeto,.a mfumu akwathu saakamba milandu musanapereke cha pabwalo..kaya ma section ake anaatenga kuti??who is corrupt between my chief and the five judges. .

Docus
Docus
2 years ago

I hear only Tippex, Tippex…
Is there no forensic investicater who can verify what was under this white eraser paint?
Or rather no will to know?

Docus
Docus
2 years ago

Tippex

Kennedy
Kennedy
2 years ago

My fellow citizens. Did mec supply tippex? If yes, is it in accordance with the law? If tippex is not in the law, why did mec accept such ballots? Let our judge do the job accordingly.

Limma
Limma
2 years ago

That’s a positive step for MCP. My only suggestion is please stay away from Chilima and his gang. Chilima and APM ndiamodzi, anamgoyambana and Chilima is acting out of spite. MCP shouldn’t be smeared with opportunist Chilima. You can see he is so intrenched as an opportunist, now that he knows Malawians don’t want him, he’s aligning himself with MCP. To be honest you the opposition let us down, all this unified standing you are doing now, should’ve been done before the elections but you are selfish, you wanted power for yourselves. MC P must distance itself from Chilima, Kaliati… Read more »

BigMan
BigMan
2 years ago

Now, lets hear what you and your fellow thieves were up to Mr Mutharika.

Holly Tit
Holly Tit
2 years ago

So Frank Mbeta was the fall guy, the idiot they chose to take the fall for this one? What an embarrassing application for a lawyer to be bringing to court

Iantana
Iantana
2 years ago

This does not mean enawo case iyi aluza… these are just preliminary determinations..

Mandado@147
2 years ago
Reply to  Iantana

Means first step to justice the overwhelming evidence is beyond reasonable doubt there’s a case!

Onjezani
Onjezani
2 years ago

By the same thinking, the nullification should be dismissed for calling on MEC to ‘religiously follow procedure’, We cannot expect MEC to ‘religiously follow procedure’ and allow political parties to flout the same procedures. Constitutional court should be objective and not be carried away by emotions and the crowds. Mind you, the crowds are many because they comprise two parties. The current elections law does not require a winning party to have majority i.e. 50+1.

#NotMyPresident
#NotMyPresident
2 years ago
Reply to  Onjezani

Mwaluzatu baba apa. Mukuoneka ndinu olira. Court law does not use same thinking, it does not use emotions. Remember when Muluzi went to court to seek a third term because he believed he could beat the Constitution which said “a president can be elected two consecutive five year terms. Remember what the judge said, it must be interpreted to mean what the framers of the Constitution meant. Not your emotions. The court is going to look at anomalies and if there is overwhelming evidence the election of the president could be nullified. Simple.

Holly Tit
Holly Tit
2 years ago
Reply to  Onjezani

Balirani bwanji Onjezani. Is it our fault kuti the crowds are many? Inu why didn’t you introduce the 50+1 rule in all those 5 years you were in power? Tikufwanthamulani if you dare come to court

Lex
Lex
2 years ago

Friends, country men it is too early to celebrate court cases of this nature takes long to conclude, all what is happening is a strategic plan to defuse the tension. Wake up my fellow country men for opposition it is done kkk forget about the elections kkkk osasangalala mwa change, anzanu azakusekani koopsya ndi za ma jaji izi, onsewa amamwela limodzi, ndikugwilizana kuti iwe ukanene kuti chonchi, one ndikanena kuti chonchi mpaka tikamaliza chonchi iwe ndikumaganiza kuti sakudziwana kkkk, akupanga zodziwa awa kuti mwina musiye kuswa zinthu za eni ake mwakhala mukuswazi, kenako mudzamva mlandu tikakambila Ku Zomba kumeneko akakuonetsani… Read more »

#NotMyPresident
#NotMyPresident
2 years ago
Reply to  Lex

I am happy for the fact that the case continues, nothing else, everything else, we shall see when we cross the bridge.

Eddo
Eddo
2 years ago
Reply to  Lex

Mukunama amwene!…game iyi yawinidwa …inayonse iwinidwa…umboni ndi wochuluka kuti we have an illegimate prezident who stole the elections and voted in by MEC …NOT BY THE PIPI

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