The Constitutional Court has thrown out an application by Attorney General Kalekeni Kaphale who wanted the court to bar Malawi Congress Party (MCP) witness Daud Suleman from using electronic gadgets when presenting his evidence.
Kaphale who is representing Malawi Electoral Commission (MEC) wanted the court to change its earlier ruling in which it allowed Suleman to use MEC’s systems and gadgets to simulate the processes MEC used in the May 21 elections.
But delivering the unanimous decision of the court today, one of the five Constitutional Court Judges Redson Kapindu said there was no satisfactory reason to discharge or vary the order which it made in its earlier ruling on September 18 this year.
“We therefore found the application frivolous and vexatious. Accordingly, we found it unnecessary to subject the parties to arguments whose outcome will lead to the same results as ordered on 18th September,” Kapindu said.
He then ordered MEC to make available to the MCP all gadgets needed for Suleman to present his evidence.
Kapindu also said MEC should pay MCP K300,000 in seven days as costs related to the application. He said the order was to signal the court’s disapproval for bringing applications meant to frustrate the smooth progression of proceedings.
In his reaction, Kaphale thanked the court for the ruling and asked for time for MEC to set up the required equipment tomorrow.
In the election case, the MCP and UTM are challenging the results of the May 21 elections in which MEC declared President Peter Mutharika as the winner.