Malawi’s Concourt ends hearing elections case, sets Dec 19/20 to hear all arguments, submissions

Written by  MBC Online


Malawi’s constitutional court has set December 19 and 20 to re-convene and hear all arguments and submissions in the historic elections case, which begun on August 8 and concluded on December 6 after hearing evidence from 15 witnesses.

Justice Potani: Not even public opinion will be considered to determine case. Justice Potani: Not even public opinion will be considered to determine case.

Justice Healy Potani, who chairs a panel of five high court judges, told the court on Friday that after hearing of submissions, which must be filed to court through hard and soft copies before December 18, the judges will start working out a determination which will be decided on the basis of evidence given in court and applicable law.


He said the judges will “not even take into account public opinion but what the court provides for in line with practice and procedures.”


He gave deadlines when lawyers of first and second petitioners—Saulos Chilima of UTM and Lazarus Chakwera of MCP- and respondents MEC and President Arthur Peter Mutharika, and Friends of the Court (Malawi Law Society) should file their submissions.


The court ended early on Friday after both petitioners and respondents withdrew cross-examination of MEC’s key witness, Muhabi Chisi, the ITC specialist at MEC, and who was at the centre of elelctronic counting of votes.


The petitioners have been seeking nullification of the May 21 presidential poll, claiming that MEC rigged the vote in favour of Mutharika, who was declared winner after beating Chakwera by 159,000 votes.


Chilima, former vice president to Mutharika, came third, bagging some one million plus votes.


The case has cost upwards of K200 million on the government side alone.

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