The High Court in Blantyre has rejected Cassim Chilumpha’s application for appeal against the decision by the Malawi Electoral Commission (MEC) to disqualify him from contesting in the presidential poll on May 21.
Judge Mike Tembo said the law is quite clear that a decision of the High Court, on an appeal by way of petition against the decision of the Electoral Commission, is final.
“There cannot be an appeal to the Supreme Court of Appeal,” said Tembo.
The judge said this position is clear as provided in Section 114 (5) of the Parliamentary and Presidential Elections Act provides that at the conclusion of the trial of an election petition, the court shall determine what person was duly nominated and shall report such determination to the commission, saying the determination shall be final.
“This court also wishes to note that Section 21 provision (c) of the Supreme Court of Appeal Act provides that no appeal shall lie to the Supreme Court of Appeal in a civil matter where a judgment of this court is stated by any written law to be final,” said Tembo.
He said there cannot be an appeal against the decision of the court since the decision is final.
The judge therefore threw out the two applications; leave to appeal and stay of execution of the decision of the court, saying they are incompetent.
Lawyer for Chilumpha, Yassin Domasi said the former vice president will make a decision after reading the judgment.