MCP counsel tells MEC not to speak for parliament on ConCourt order

Malawi Congress Party (MCP) lead counsel in the presidential election case has told Malawi Electoral Commission (MEC) to avoid speaking for parliament on the implementation of the Constitutional Court orders.

Mordecai Msisha said it was wrong for the electoral body  to say it will not have money to hold an election within the prescribed time by the Constitutional Court – 10 days from February 3 2010.

Msisha said this in the Constitutional Court when President Peter Mutharika and the pollster were applying at the court to set aside its ruling.

“The second respondent should not cite issues of budget for the elections as an excuse of not implementing the ruling because that matter is for the state,” he said.

He said parliament has the powers to make allocation for the election budget.

“The second respondent (MEC) should have been concerned first to comply with the Constitutional Court order by holding the election,” he said.

Msisha also agreed with counsel  Khumbo Bonzo Soko  representing State vice-president Saulos Chilima that if parliament had problems in implementing the court order, it could have gone to the court to seek redress.

However, lawyer for Mutharika, Charles Chindongodo Mhango said parliament could not go to the court because it is not party to the court proceedings.