High Court Judge Charles Mkandawire has ruled that the two cases in which UTM and Malawi Congress Party (MCP) are challenging results of the May 21 presidential elections should be consolidated.
Mkandawire has also referred the matter to the constitutional court.
UTM President Saulos Chilima and Malawi Congress Party (MCP) President Lazarus Chakwera both filed petitions against Malawi Electoral Commission. The two want the court to nullify the results of the presidential elections saying there were serious irregularities which compromised credibility of the polls.
The two parties filed their petitions separately at Lilongwe High Court.
But Mkandawire has argued that both cases relate to common question of law and arise out of the same transaction hence there is no reason for the two cases to be tried separately.
“I therefore order pursuant to order 9 of the court (High Court) (Civil procedure) Rules 2017 that these tow matter be consolidated.
“I am also satisfied and hereby determine that these two matter are constitutional in nature, requiring attention of the chief justice for certification in accordance with section 9(3) of the court Act,” he wrote in the court order.
Democratic Progressive Party president Mutharika was declared winner of the May 21 elections with 38 percent of the 5.1 million votes cast.
Chilima only managed to secure 20 percent of the total votes and came a distant third, behind Malawi Congress Party’s Lazarus Chakwera who got 35 percent.
