MCP ‘joker’ in Malawi poll case: Court rejects MEC’s ‘frivolous’ application against Chakwera’s witness

The Constitutional Court which is presiding over the historic presidential election petition case has rejected an application by the Malawi Electoral Commission (MEC)  which was seeking to stop the finals witnesses of Malawi Congress Party (MCP) Daudi Suleiman from using gadgets belonging to the electoral body  to demonstrate how the elections were allegedly rigged through computer manipulation.

While rejecting the MEC’s request on Tuesday, the five-panel of judges unanimously imposed a fine of  K300 000 in costs for filing a “ frivolous” application.

Judge Redson Kapindu delivering the ruling on behalf of the judges said the second respondents  MEC should submit the costs to MCP as second petitioners  within seven days.

The court says it has found no reason to change its position announced in a court order of 18th September 2019 in allowing the demonstration of the witness by way of simulation, saying the application  by MEC was unnecessary.

The application had no merit, according the judges, and branded it “frivolous and vexatious.”

The court says MEC should provide all the necessary gadgets to enable Suleman make computer simulations.

Suleman’s testimony is said to be key in proving rigging in the case which has already heard most of the evidence on the matter.