Ras Chikomeni has no case on Malawi’s electoral laws — Attorney General

Attorney General Kalekeni Kaphale has  asked High Court in Blantyre  not to grant  an injunction  against  Malawi Electoral Commission (MEC) in a matter rejected presidential candidate Ras David Chikomeni Chirwa is pursuing, saying he does not have a case.

Chikomeni Chirwa  with assistance of lawyers hired by Centre for Human Rights Education, Advice and Assistance (Chreaa) is seeking redress in  the High Court after MEC  declined to accept his  nomination papers on grounds he had not paid the K2 million fees and also failed to solicit 10 signatories from each district, as per set requirements. He only managed from nine districts.

Chreaa lawyers Chikondi Chijozi, Mawuya Msuku and Oscar Taulo submitted to court that the K2 million nomination fee MEC is too exorbitant for most Malawians and it means that only people who are rich can contest for the presidency.

They argued that the fee infringes on Chikomeni’s right to participate in the electoral process.

The lawyers also submitted that MEC  should extend time for the aspirant to obtain the required 10 signatures in all the districts.

But in his submission, Attorney General representing MEC,  said Ras Chikomeni had enough time to mobilise the signatures from the time MEC prescribed their conditions in July last year.

Kaphale pointed out that there are some independent candidates that met the required conditions despite having no political party structures, hence, Chikomeni has no basis for an independent candidate to organise the same.

Presiding judge Jack N’riva said he will  deliver his ruling  in the case on Monday at 3pm but  has referred the issue of obtaining 10 signatures to the Chief Justice, saying it was a  constitutional matter to be handled by a panel of three judges.