Attorney General, Kalekeni Kaphale, has appealed against the Constitutional Court’s ruling that the Malawi election case should continue.
President Peter Mutharika’s lawyers petitioned the Constitutional Court to dismiss the case in which Dr. Lazarus Chakwera (MCP) and Dr. Saulos Klaus Chilima (UTM) are challenging the presidential election results saying the May 21 poll results do not reflect the will of Malawians as they were marred by Tippex altering the results sheets.
In its submission to the Constitutional Court on Mutharika’s preliminary objection, Mvalo and Company, Legal Practitioners for the 2nd Petitioner, Dr. Lazarus Chakwera said the application is aimed at delaying the fair trial of the matter and it should be dismissed with costs.
Mvalo said order 10 and order 19 rule 13 of the courts (High Court) (Civil procedure) rules, 2017 do not provide for striking out of election claims or any other claim.
The court yesterday dismissed Mutharika’s application saying the petitions by Chakwera and Chilima were in order.
Following the ruling, Kaphale appealed to the Supreme Court of Appeal.
The five judge Constitutional Court panel has given a go ahead for Kaphale to appeal against the ruling but the case continues next week Wednesday in Lilongwe.
However, the appeal by Kaphale to the Supreme Court of Appeal has brought in divisions amongst law experts.
Some law experts have described Kaphale as being caught offside as he cannot be an Attorney General and at the same time defending Mutharika and the Democratic Progressive Party.
By Vincent Gunde