Malawi elections case to drag up to year end not 24 days — Judiciary

The Judiciary has said presidential election nullification petition case will not end in 24 days as widely believed, saying the matter may prolong up to December this year before a determination is made.

Battalion of lawyers at the Constitution Court

Registrar of High Court and Supreme Court of Appeal Agnes Patemba said there is no specific duration to hear the elections petition case.

Patemba who is Judiciary spokesperson said the constitutional court gives judges mandate to make their determination for a maximum of 45 days after conclusion of hearing the case.

“There are rules that govern elections, Considering that the case is now at the Constitutional Court, there are also rules that are followed,” said Patemba.

Patemba said it will not be possible for the elections case to end in 24 days with large volume of court documents and battalion of witnesses.

She said the case has documents that can fill a three-tonner lorry and the Judiciary has a set a big room to keep the documents.

Judiciary spokesperson also said there are over 800 witnesses who are expected to testify in the case in which UTM Party president Saulos Chilima and a fellow presidential hopeful in the May 21 Tripartite Elections, Malawi Congress Party’s (MCP), Lazarus Chakwera, petitioned the court to nullify the results, citing irregularities in the administration of the polls.

However, Patemba said not every witness whose sworn statement is with the court will be required to testify.

“The case could take up to December [or next year] and judges will make the determination in 45 days after the case is heard,” said Patemba.

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, on Friday provided directions that  parties in the case should submit a checklist of facts that are undisputable so that cross-examination should be done only on disputable facts.

Potani said cross-examination of witnesses will now be done only upon a filing notice as this will serve two useful purposes, “one that witness will come prepared, second cross examination will be more focused.”

He said the lawyers should file a notice to indicate name of witness and even paragraphs on which questions will be asked. All parties to file such notices by Wednesday 20/8/ 2019.

Potani also warned lawyers against repeating of questions by parties conducting cross-examination.

Meanwhile, on Monday, Justice Potani informed that the court will be finishing proceedings at 12 noon every Friday.

Renowned lawyer Raphael Kasambara  also said the there are no specific allocated days for the case.

“ The court simply blocked a number of days for the first session. After those days are exhausted, another set will be allocated,” he said.

The MCP and UTM Party presidential candidates claim the presidential elections were rigged in favour of Mutharika who was declared winner with 38 percent of the votes trailed by Chakwera with 35 percent and Chilima with 20 percent.

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Amfumu
Guest

Tsiku lina Mtambo adzaona polekela Justice itamupeza iye. Watchela kumwezi nkhanga zaona. He will think he is in a dream. What goes around comes around. He thinks he is clever. This destruction of property must stop.

JOSEPH CHAGOMELANA
Guest

IMENEYO NDIYE GAME YAMA BIG KKKK UP TO 2024

#NotMyPresident
Guest
#NotMyPresident

Jiggles grow up, you need factual arguments

#NotMyPresident
Guest
#NotMyPresident

It is a symbol of colonialism. That even when the chamber is hot, they can’t put them off. Americans follow common law as well check if their judges and lawyer put on the wigs. A symbol that a lawyer has reached the epitome law is Senior Council (SC) designation. In UK it is Queen’s Council (QC). In America, who cares, OT is about how much money you make.

Kapado Chimulirenji
Guest

When Layers stop wearing wigs, will the court verdicts on cases change? Some comments are very childish – it simply shows how ignorant one is. If they stop, then University graduates should also stop wearing hoods, right?. You have to understand the meaning behind those wigs. Sintchito yofula agalu imeneyi ayi mphwanga.

COPS
Guest
COPS

In short Kankono akhala akulamulirabe till December? hahaaaaaa coup is needed here, coz justice delayed is justice denied!

Shonai
Guest

A village chief cannot allow the same person to bring a case while outside taking action himself.That person will be throw n out or his case discontinued.Judges!!!! the country is in your hands God has given his responsibility to you.Do not tame lowlessness.Mtambo and his masters I hope there agenda is not connected with what is in coat.lf this is toraleted then we have no Judiciary/judges .

Jubwada
Guest
Jubwada

keep on delaying ,you will see what you are expecting from Malawians , bu justice shall prevail in one day of the other

Charie
Guest
Charie

Mulomwe simungamulande mpando papanda zifukwa , chilima ndi mboni

amalawi anzanga
Guest
amalawi anzanga

It’s high time Malawian lawyers and judges stopped wearing these colonial era wigs to court. The gown is enough as other jurisdictions (RSA, USA, the ICC, rest of Europe outside of UK) have shown. The wigs are too expensive for nothing…

Ndaziona
Guest

The same should apply to our parliament. The Speaker and the other staff should stop using these wigs. They are no longer used even in the UK’ s parliament.

JIGGIES
Guest
JIGGIES

Do you buy for them when you say the wigs are expensive for nothing?