A social commentator says the Malawi Law Society (MLS) is backing one party in the Malawi elections case despite presenting itself as a friend of the court.
The commentator, Onjezani Kenani, has suggested that the MLS is supporting respondents Malawi Electoral Commission and the Democratic Progressive Party (DPP).
“Reading the amicus curiae submission by the Malawi Law Society, one would think it came from the office of the Attorney-General. MLS is backing a horse in this race,” Kenani said
He then urged the MLS to come out in the open and not hide behind “this amicus curiae thing”
Reacting to the submissions filed by the MLS, Prof. Danwood Chirwa of the University of Cape Town said they represent the “handwork of lazy, reckless and incompetent counsel who has no understanding of the significance of the task at hand.”
He added that the MLS did not provide an insightful submission different from what the other parties in the case had already submitted.
“Somewhere [in their submission] they indicate what the MLS would submit on, but there’s no indication why it is necessary for it to submit on those areas. In fact it turns out the MLS is submitting on the very issues the parties have extensively submitted on, and in every way better in terms of the quality of the analysis, research and argumentation,” he said.
Chirwa also noted that the pasted legal provisions with no analysis and claimed that these provisions represent what the practice of elections is.
“Yet this is the very issue in contention – whether the elections were conducted on accordance with those provisions,” he said.
Chirwa then condemned the MLS for being irresponsible saying the submissions have brought the MLS into disrepute.
“I would move to disbar anyone who was involved in producing such poor work. But this won’t be taken up, and we know why,” said Chirwa.
Meanwhile, the MLS has today presented its oral submissions to the Constitutional Court.