Women lawyers want ConCourt to make ruling on electoral law changes

Women Lawyers Association (WLA) has asked the Constitutional Court to rule that a president-elect should be sworn in after all presidential disputes are resolved.

WLA lawyer Dr Benadetta Malunga also proposed a number of electoral reforms and recommended that the court gives its verdict on the issue.

On the burden of proof, Malunga said there should be amendments in the existing law to make it clear that the burden of proof should be both to petitioners and MEC.

But one of the judges sitting in the court Justice Dr Redson Kapindu wondered whether it would be correct for the court to make such proposals in light of separation of powers under the constitution.

WLA made their submissions as friends of the court,

In its submission on burden of proof, WLA submits that once a prima facie case is proven, the burden of proof shifts to Malawi Electoral Commission (MEC), the second respondent in the matter.

“We submit before the court that the burden of proving the complaints in the petitions is that of the petitioners. The petitioners must adduce adequate evidence to prove that there was an undue return of the election results as announced on May 27 2019.

“[But] once a prima facie case is proved, then the respondents [MEC], as a regulator, has an obligation to adduce evidence to the contrary failure of which the claims in the petition will have been successfully proved.”

In the case being heard by the High Court of Malawi sitting as the Constitutional Court,  UTM Party president Saulos Chilima (first petitioner), Malawi Congress Party (MCP) president Lazarus Chakwera (second petitioner), want the court to nullify the presidential election results in the May 21 Tripartite Elections over alleged irregularities, especially in the results management system.

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