Judges extend Malawi election case to 14 days in second phase

The five-judge panel of the High Court of Malawi sitting as the Constitutional Court has extended  the period to hear the trial in the second segment of the  highly-anticipated presidential election nullification petition case to 14 days uninterrupted from initial nine days before another direction is given.


Chakwera, who came second in the presidential race and the first petitioner Saulos Chilima of UTM Party at the court seeking nullification of results

The proceedings resumed on Tuesday September 3 after running for 11 consecutive days in the first phase.

When the court convened for the continued substantive hearing in Lilongwe, the judges panel through its chairperson Healey Potani,   said they are “satisfied” with the process that the parties have followed in updating the check-list of witnesses it intends to cross-examine.

“There is significant reduction with a number of witnesses to testify,” said Potani on behalf  of the panel—which also comprises judges Ivy Kamanga, Dingiswayo Madise and Redson Kapindu.

He said parties have largely specified areas which they want to focus on cross examination.

Potani then said the hearing which was expected to last on September 13 will run up to September 20.

“We had earlier on indicated we will sit for 9 days to 13 September 2019. We have revisted that position and we would want to extend the hearing to 20th September 2019.

“It will go on for 14 days. We hope by then we would have made some significant progress,” said Potani.

The case is likely to run for the next four months, according to  Registrar of the High Court of Malawi and Malawi Supreme Court of Appeal, Agnes Patemba.

The registrar said much as the Constitutional Court has its own rules, there was no time-frame within which the case can be heard, except the fact that after all witnesses are heard and submissions are made, and case is closed, the court must, as per set rules, deliver its judgement within 45 days.

Attorney General (AG) Kalekeni Kaphale, representing Malawi Electoral Commission (MEC), on Tuesday continued cross-examining witness of the first petitioner, the immediate past vice-president Saulos Chilima, Miriam Gwalidi.

Chilima and his counterpart, Malawi Congress Party (MCP) leader Lazurus Chakwera, want results of the Tripartite Elections nullified on allegations that MEC mismanaged them and unduly announced the Democratic Progressive Party (DPP) presidential candidate Peter Mutharika as winner.

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Xkhumzrah
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Xkhumzrah

These 5 Judges are now stinking Riches and by far their colleagues. Dpp is pumping heavy monies to t the Judges thus tax payers money. A Malawi make sure that you pay your taxes on time otherwise Kapoloma will shut down your offices and if you resist you will meet force by the MDF as the Chief of all Soldiers has commanded and have since complied. AKASINJA KUTULUTSIRA MA DEMONSTRATIONS kkkkkkkkkkk!!!!! Nkhondo yasowa.

Izyozyo
Guest
Izyozyo

WHAT MALAWIANS DO NOT KNOW IS THAT MEC SHOULD HAVE ACTED LIKE A FOOTBALL REFEREE IN THE ELECTIONS AND PETER SHOULD HAVE BEEN THE DEFENDANT AND NOT MEC TO BE FOREFRONT DEFENDING THE DISPUTED RESULTS. I AM AT A LOSS WHY IS THE COURT WASTING ALL THIS TIME. SECONDLY EVEN THOUGH THE LAW ACCEPTS AG TO STAND FOR MEC IT IS IN THIS CASE VERY WRONG AND THE LAW IS SO SILENT IN ONE CLAUSE AND YET THEY CALL THEMSELVES JUDGES YOU MEAN THEY HAVE READ ABOUT THIS CLAUSE? ALL 5 JUDGES ? DID NOT READ THE SECTION AND THIS… Read more »

Mzunga
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Mzunga

Mulandu uwu ufika mpaka 2024

tung'ande
Guest
tung'ande

Watch Chiima and Chakwera together. Anamalira okhaokha. Koma bwana Chakwera mwanayo akukupusitsani. Sidik Mia watopa nazo . Komanso Modecai Msisya mumukwanitsa kumulipira.

Mr. Joseph
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Mr. Joseph

I thought these five judges are intellectual figures but i have noticed one failure thing in them, they respect Kaphale so much more than their profession, these judges now have lost direction of their portfolio, the truth of the matter is a reality based on the MEC system of the swearing in affidavit which in a real sense was a purported document but i wonder why court seem to be so confused with this case, in my opinion this case doesn’t take a degree of academics to solve because the system itself has all the factual truth about the process… Read more »

Linda
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Linda

I too do not agree why the Judges are FEARING kaphale. This lawyer always is boastful that all the 5 judges are his boys and he has taught them law no matter they are Judges. With all what Kaphale has been saying outside court I now agree that the Judges not corruption gained by terribly shaken up when facing Kaphale. Of course Za Mankhwalazo sinkhani for Kaphale.

Angoni apaphata
Guest
Angoni apaphata

Mulandu uwu what are we going to achieve? It seems the president akulamulira whether by default or not. Anayenela akhale pambali and have a governing council. Zikuchitika apa ndi masanje

MADEMOISELLE5
Guest

Zachamba basi all this time ?