A court in Lilongwe has dismissed an application by former Members of Parliament (MPs) – Jessie Kabwila and Peter Bvalani – who wanted an injunction to restrain Parliament from conducting business following the nullification of the 2019 presidential elections.
Kabwila and Bvalani wanted all business in the National Assembly to be suspended pending the determination of a case in which they are claiming for the nullification of the 2019 Parliamentary elections.
The ex-MPs filed an application for injunction and another one for nullification of 2019 Parliamentary Elections days after the Constitutional Court nullified the 2019 presidential elections due to irregularities in the polls
The two former legislators argued that they lost their 2019 Parliamentary elections due to breach or violations of constitutional and statutory duties by Malawi Electoral Commission (MEC) in its conduct and administration of the said elections.
However, Judge Charles Mkandawire noted that presidential elections case was brought to the court through a petition in accordance with section 100 of the Parliamentary and Presidential Elections Act (PPEA) and the ruling is confined to the Office of the President and not Members of the National Assembly.
“It is not automatic that the outcome of this case has got equal impact on the outcome of the Parliamentary election. This equation can be extremely dangerous and misleading,” he said.
He added that it would not be just to grant an injunction to the former legislators as such a move wouId be counterproductive and not in the interest of the common good.
Said Mkandawire: I therefore dismiss this application with costs.”