Democratic Progressive Party (DPP) lawmaker for Lilongwe City South East constituency Bentley Namasasu is challenging a High Court ruling ordering Malawi Electoral Commission to conduct fresh elections in the constituency where a Malawi Congress Party (MCP) candidate Ulemu Msungama challenged the results.
High Court Judge Esmie Chombo nullified the parliamentary election in which MEC Namasasu winner by 98 votes against Msungama, who challenged the results.
Justice Chombo said it was difficult to decide who won the election in the constituency because of the unreliability of the documentary evidence as “most of them have cancellations, writing over and wrong additions, and relying on that documents may result in miscarriage of justice”.
The court ruled that the electoral body should conduct fresh polls to accord Lilongwe City South East constituents opportunity to have a representative of their choice in parliament.
But Namasasu through his lawyer Chancy Gondwe on Monday lodged a court challenge against the decision.
“ The rerun decision is being contested. The Court disregarded MEC evidence that even if the disputed votes were added to Msungama, the DPP’s Namasasu would have still emerged winner,” said Gondwe.
Some of the evidence, which the court had earlier ordered be recounted, was destroyed by fire which razed down part of the warehouse in Lilongwe containing 2 400 ballot boxes.
The court will sit again on Tuesday for an interparty hearing.
Justice Link Justin Dzonzi has since advised MEC to carry out quality control checks and recruit competent people in mathematics and sciences apart from teachers, who work as polling staff.