The High Court in Lilongwe has ordered Malawi Electoral Commission to conduct fresh elections in Lilongwe City South East constituency where a Malawi Congress Party (MCP) candidate Ulemu Msungama challenged the results which Democratic Progressive Party (DPP) candidate Bently Namasasu was declared winner.
Msungama sought for court’s redress following the decision by Malawi Electoral Commission (Mec) to declare Democratic Progressive Party (DPP) candidate Bentry Namasasu winner of the parliamentary seat.
He applied for nullification of the results and was pushing for a recount to substantiate his rigging claims while Namasasu on the other hand sought an injunction stopping the recount after the High Court ruled that the recount could be done.
Making its determination on Tuesday October 29, the High Court judge Esmie Chombo ruled that the electoral body should conduct fresh polls to accord Lilongwe City South East constituents opportunity to have a representative of their choice in parliament.
Lawyer representing Msungama in the case, Emmanuel Chapo, said: “The court has agreed with the arguments we raised in irregularities. This means Namasasu is no longer MP.”
Legal expert Justin Dzonzi said the High Court has powers to nullify the election.
He said the ruling means the MP has lost his seat and the electoral body will have to conduct a rerun.
When MCP pressed for vote recount the MEC warehouse was gutted with fire which was suspected to have been caused by regime agents.
MEC also said that it was not ruling out arson and asked the Inspector General of the Malawi Police Service to institute appropriate investigations.
The fire, among several materials, destroyed 2,400 ballot boxes which some contained ballot papers for the Lilongwe City South East.