Attorney General Kalekeni Kaphale dismissed an asserting by a journalist of being shocked with the the Constitutional Court ruling nullifying the May 21 2019 presidential election, saying “nothing shocks a lawyer.”
Kaphale was granting an interview to reporters soon after the soon after the judgement as he was asked if the ruling by the five-judge panel of the High Court of Malawi sitting as the Constitutional Court had shocked him.
“Nothing shocks a lawyer. There were two decisions we were expecting and we have one,” said the top government lawyer.
Kaphale said he will meet Malawi Electoral Commission (MEC) officials to chat the way forward following the ruling.
The Attorney General, who represented MEC in the case a government chief legal advisor, said he is yet to read the five judge Constitutional Court ruling and meet his client.
“I can only comment after meeting my client,” said Kaphale.
He said as a lawyer, he was not surprised with the ruling, saying in any court, lawyers expect to win or lose a case.
There was no immediate comment from President Peter Mutharika’s legal team which was led by Frank Mbeta, largely missing at court and Samuel Tembenu ducked reporters.
However, UTM president Saulos Chilima’s lead lawyer Chikosa Silungwe said he welcomed the ruling.
The court has ordered for a fresh election within 150 days from Monday, February 3, 2020.
Legal expert Justin Dzonzi described the ruling as momentous, saying it is an elaborate ruling.
Malawi Law Society (MLS) has also welcomed the ruling as as well explained, thoroughly considered and serves the rule of law.
MLS and Women Lawyers Association (WLA) joined the presidential election nullification petition case as friends of the court.
South Africa-based Malawian legal scholar Danwood Chirwa described the ruling as “the most momentous decision in the history of Malawi”.
He said the judges were exceptionally courageous and revamped our Constitution as the framers intended.
“They’ve breathed new life into our otherwise decaying democracy, with the possibility that we can now confidently say that the struggle of the early 1990s has only now, more than 25 years later, borne fruit,” said Chirwa, who teaches law at the prestigious University of Cape Town.Follow and Subscribe Nyasa TV :