Judge Muhara adjourns recount case to Tuesday next week

The High Court in Lilongwe has adjourned to Tuesday the case in which Malawi Congress Party (MCP) Lilongwe City South East candidate Ulemu Msungama wants to vacate a stay order in which Member of Parliament (MP) for the area Bently Namasasu obtained against a recount of the votes.

Justice Lloyd Muhara, who initially granted the injunction, adjourned the case following a plea by Msungama’s lawyer Emmanuel Tchapu to have more time.

Tchapu told the court that they exchanged notes with Chancy Gondwe, lawyer for Namasasu on Monday so there was need for more time to study them before presenting arguments to court.

Justice Muhara:  Adjourned case
Justice Muhara: Adjourned case

Malawi Electoral Commission (MEC) declared Namasasu winner of the parliamentary poll in Lilongwe City South East Constituency with 10 956 votes against Msungama’s 10 854, a difference of 98 votes.

In contesting the order to recount votes at Chilinde School, City Council site office and Mlodza F.P. School, Namasasu, through his lawyer Gondwe, argued that he was not consulted when his fellow candidate challenged the results.

However, Msungama’s lawyer Tchapo made an application to the High Court to vacate the stay order arguing that Section 100 of the Presidential and Parliamentary Elections Act did not provide for consultations or adding other candidates to an electoral case.

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