Timeline of elections case likely to be affected

The Constitutional Court is this Thursday expected to rule on whether the Malawi Electoral Commission (MEC) application to delay the pollster legal team filing and serving of defense documents which if granted will likely have a bearing on the timeline of the case.

If the MEC application is going to be successful,  it would affect the commencement date of the case on July 29 and would be pushed further.

MEC lawyers led by Tamando Chokotho said the electoral body’s officers met a hostile reception in Kasungu where they went to solicit information to be filed as sworn in statements as earlier directed by the court.

He said they needed a two-week extension to collect witness statements mostly from presiding officers as the evidence in the elections case.

The MEC legal team 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 court will also make a ruling on whether the MCP should withdraw Munthali’s statement which asked people to be vigilant when the MEC officials visit their areas.

Senior Counsel Modecai Msisha respresenting MCP told the court to throw out the MEC application saying it lacked facts whilst UTM legal team told the court MEC was just buying time hence wasting the court time.

MCP and UTM Party led by former vice-president Saulos Chilima are challenging presidential election results of the May 21 tripartite polls.

President Peter Mutharika, by virtue of being the declared winner, is the first respondent while MEC is the second respondent.

A panel of five High Court judges sitting as a constitutional court is set to start hearing the substantive case on July 29.

 

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