Opposition Malawi Congress Party (MCP) and UTM have ruled out power sharing deal with the Democratic Progressive Party (DPP) as way of ending the current political impasse.
MCP secretary general Eisenhower Mkaka said the main opposition would continue with the path of the courts.
“We have gone to the court to seek justice. We cannot work with a party that robbed us victory,” said Mkaka.
Some political analysts and commentators have asked the opposition to work with the ruling DPP as way of ending the current political impasse which followed the May 21 highly contentious elections.
UTM spokesperson Joseph Chidanti Malunga asked rhetorically; “working with a thief? UTM cannot work with somebody who stole our votes.”
Both the MCP and UTM have gone to the Constitutional Court alleging the DPP and Malawi Electoral Commission (MEC) manipulated the votes in favor of president Peter Mutharika.
A five-judge panel of the High Court sitting as a Constitutional Court in Lilongwe on Friday unanimously dismissed an application by Mutharika to have the petition thrown out for purportedly being “irregular, incompetent and incurably defective”.
MEC has since appealed to the Malawi Supreme Court of Appeal a ruling by the five-judge panel comprises Healey Potani, Mike Tembo, Dingiswayo Madise, Ivy Kamanga and Redson Kapindu.
According to a notice of appeal, filed through law firm Churchill & Norris as seen by Nyasa Times MEC outlines five grounds of appeal, including a claim that the lower court erred by holding that there is no requirement under the law for an election petition to be verified by a sworn statement and by holding that a petition is not a claim in terms of Order 18 rule 2 (1) of the courts (High Court) (Civil Procedures) Rules 2017.
MEC wants the Supreme Court to reverse the High Court’s decision in proceeding with the case on the basis that the petitions, initially filed separately but later consolidated by the court, were filed fraudulently, out of time and without sworn statements.
The opposition are challenging results of the presidential election, claiming that they were rigged in favour of Mutharika who was declared winner with 38 percent.
Results MEC announced show that MCP’s Lazarus Chakwera trailed President Peter Mutharika with 35 percent whileUTM’s Saulos Chilima finished third with 20 percent of the votes.