Judges for speedy Malawi polls case trial: 8 directions given

The Constitutional Court in the ongoing presidential election court petition case has said it wants a speedy trial and  announced  new eight directions to ensure the matter is expedited  following concerns that the case was moving at a slow pace.

Justice Healey Potani: New 8 directions

The UTM Party and Malawi Congress Party (MCP) legal teams have accused the governing Democratic Progressive Party ( DPP) and  the Malawi Electoral Commission (MEC) legal teams of employing tactics to delay the case, including repetitive questions.

On Tuesday morning, Judge Healey Potani, chair of the five-judge panel of Dingiswayo Madise, Redson Kapindu, Mike Tembo and Ivy Kamanga, sitting as the Constitutional Court in Lilongwe, announced eight  directions to speed the trial.

The directions of the Constitutional Court, among them, are that lawyers will not be allowed to make cross references to other witness statements when cross-examining a different witness.

The court also ordered that there should be no repeat of questions asked by previous lawyers irrespective of parties represented.

In the new directions, the lawyers are asked to avoid asking witnesses for legal opinions

The court has also directed that cross-examination should be limited to matters in dispute  and where the issue is about summarization of figures, witnesses should not be asked to make calculations in court.

Potani said the directions are necessary for speedy trial which he says is in anyone’s best interest.

The election case – started on July 28 – after opposition presidential candidates challenged  the results as Tipp-Ex,correction fluid was widely used on tally sheets.

Malawi went to the polls on May 21 to elect the President which Peter Mutharika, who heads the ruling Democratic Progressive Party (DPP),  was declared the winner.

However, the opposition parties have been protesting the results for the past three months with violent demonstrations.

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Yasser Arafat Hamdani
Yasser Arafat Hamdani
1 year ago

What is slowing down the case ndi ma objection ombwambwana aja ndi ma Likasa a Arafat.

Richie
1 year ago

Since the trial started. We can’t see any tangible evidence of vote rigging
Is that why demos are plan to scare the courts.
UTM and MCP should have been in coalition to win
Like the coalition in demos
They all thought they could make it on there own
Too late for tears now
Wait for 2024 and lobby for 50+1 in parliament
The south of Malawi is too populous to beat

Hate it or take it but it's a fact
Reply to  Richie

That’s why south has the highest number of poor people in Malawi, Bcoz u only know how to make children and not for their up keep or look after them. Pathetic Southerners.

You don’t even have land as 80% of the south land is taken by Tea Estate but you are so eager to make more Children.

Charie
Charie
1 year ago

Ma.judge ngati mulandu ukukulepherani mutiuze tipite Ku bwalo laliku pa dziko lonse.mukuchita kuoneratu kut chilima alibe umboni uli ose kuti zisankho zinaberedwa

Charie
Charie
1 year ago

This Court is full of corruption how can find the correct answer without circulation

Quibbo
Quibbo
1 year ago

LET UTM & MCP LAWYERS ALSO BE GIVEN SAME OPPORTUNITY GIVEN TO A PARTISAN LAWYER KAPHALE. WE ALREADY HEARD THAT KAPHALE IS ONLY THERE TO TEACH THOSE 5 JUDGES ABOUT LAW HENCE HE IS SENIOR COUNSEL. INDEED KAPHALE HAS MADE JUDGES TO DANCE AND TIME AGAIN JUDGES REFERRED THE PHRASE TO DICTIONARY.

Sikweina
Sikweina
1 year ago

But Kaphale says all the five Judges are his juniors

Tuvitwana
Tuvitwana
1 year ago

Kaphale asiye kufunsa pano.

FOOLISH QUESTIONS ARE QUESTIONS

Long Live ( GUENUINE JUSTICE )! !!

Kapado Chimulirenji
1 year ago

Asking a witness to make calculations in court is a tactic by the a Lawyer when is not ready with the next question when the line of questioning has been disrupted by an objection.

TOSH
1 year ago

AMAPANGA ZIMENEZO NDI KAPHALE NDI FAROOK THEY NEED TO BE LECCTURED

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