MEC asks court to delay documents filing, wants 14 more days in elections case

Malawi Electoral Commission (MEC) has applied to the Constitutional Court in Lilongwe to delay the pollster legal team filing and serving of defense documents.

Chokhotho: MEC lawyer wants more time in polls case to file affidavits

The court ordered the MEC defense team to submit its defense documents to the Malawi Congress Party (MCP) and UTM lawyers 11 days ago.

But the MEC lawyers said they need the two-week extension to collect witness statements as the evidence in the elections case.

The MEC legal team led by private practice lawyer Tamanda Chokhotho, said the compilation of the defense documents was disrupted by some people who threatened to deal with the legal team who were meeting presiding officers of the just ended controversial May 21 elections.

The lawyers cited as an example calls by the Malawi Congress Party (MCP) publicity secretary Maurice Munthali whom they accuse of inciting people to deal with the MEC legal team who were meeting the presiding officers.

The pollster legal team has since applied to the court to force MCP to withdraw Munthali’s statement which asked people to be vigilant when the MEC officials visit their areas.

Lawyer for MCP Larry Nita said the opposition legal team has received the application from the MEC lawyers to extend time for the service of the defense documents.

“They want the extension of time for the extension of the sworn affidavits but they have already extended the time,” said Nita.

But both MCP and UTM’s Legal team said the  MEC application was baseless and they will challenge it in court Monday afternoon, arguing granting more MEC time for soliciting information will mean delaying trial of the case .

In the case, UTM Party president Saulos Chilima and MCP leader Lazarus  Chakwera are seeking nullification of the presidential results over alleged irregularities.

MEC declared Mutharika of Democratic Progressive Party (DPP) winner of the presidential race in the May 21 Tripartite Elections, with 1 940 709 votes. He was trailed by Malawi Congress Party (MCP)  president Lazarus Chakwera with 1 781 740 votes.

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Guest
mmmm

I thought its MEC guys who could have on the front pushing the court to finalise everything, because what I believe with the little knowledge I have is that their chairperson had collected all the necessary information by announcing the May 21 elections. If not , my question is where did they got the results they declared DDP a winner?

Shame
Guest
Shame

I have never been to a law school but MECs legal team leaves a lot to be desired, it’s pathetic.

Cadet
Guest
Cadet

MECs argument for extension for filing is laughable …….and I’m not a lawyer

Ma lawyer ogulidwa
Guest
Ma lawyer ogulidwa

Is the MEC/APM legal team that incompetent? Are they ignorant of what the court asked them? or they have been court with their pants down. All the court asked for was the documents/evidence MEC used to declare the winner which should have been handy, so their argument for extension for filling doe not hold water

Gertrude
Guest
Gertrude

Where are the documents which MEC declared the winner???? It’s all people want to know , it’s as simple as that

Gertrude
Guest
Gertrude

Justice delayed is justice denied.

Apumbwa
Guest
Apumbwa

MEC must think the judges are stupid

Maliseche
Guest
Maliseche

The court did not ask for new evidence. The court asked MEC to submit documents which they used to declare the winner. These documents should have been preserved and easily available to MEC making the after the fact , gathering facts meetings with presiding officers uncalled for.

Patrick Phiri
Guest
Patrick Phiri

It seems most of the comments have come from MCP. Looking at the issue soberly, MEC is not saying it doesn’t have the results. But for presiding officers to testify in court as witnesses, they need to sign affidavits. That is what MEC is trying to get. MEC cannot go to court without witnesses, and no one cab a witness without signing an affidavit.

hlupo sibande
Guest
hlupo sibande

If MEC is looking for presiding officers to testify in court as witnesses why not just submit their names in the documents ordered by court.??????????????

Tipex Government
Guest
Tipex Government

You are soooo naive, this has nothing to do with why they failed to present the document as reguested by the court . Again the court did not ask for witnesses rather the documents which MEC used to declare the winner period!!!

Jane Ass
Guest
Jane Ass

Dude, get your facts right! First of all you do not need to sign an affidavit to be s witness and the court did not ask for witnesses it asked for documents

Kanyimbi
Guest
Kanyimbi

A Jane Ansah mukuti ndinu supreme court judge ndiye court likuti mutulutse degree yanu aione a court ndiye mungati akuidikireni mukasainetse kaye kwa a principle anu ku college munakaphunzirayo? Tulutsani ma form onse amene anasainidwa kale ndi ma auditor mumawayamikira aja mai, mukufuna ma presiding officers pomwe muli ndi audited reports ndiye dziko liti limapanga zimenezo?