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.Follow and Subscribe Nyasa TV :