Malawi Elections case: Top Court to hear arguments from Mutharika, MEC

Lawyers for President Peter Mutharika and Malawi Electoral Commission will next week present their case to the Supreme Court on the application for a stay of the presidential election case judgement.

Seven judges of the Supreme Court of Appeal will hear the arguments from the lawyers on Wednesday March 11, 2020.

The Justices of Appeal are Chief Justice Andrew Nyirenda, Anaclet Chipeta, Dunstain Mwaungulu, Rezine Mzikamanda, Frank Kapanda, Edward Twea and Anthony Kamanga.

On 3 February this year, the Constitutional Court nullified the 2019 presidential elections.

Mutharika and MEC later appealed against the ruling at the Supreme Court and applied for a stay of the judgement until the main appeal is heard.

Earlier this month, the Constitutional Court threw out the MEC and Mutharika’s applications for stay of the 3rd February saying citizens have the right to be governed by people elected through a due elected and these rights are more important than the rights of those who voluntarily decided to be candidates in an election.

On MEC’s argument that fresh elections will cost K43 billion and this amount will not be recovered if the MEC’s appeal at the Supreme Court succeeds, the court ruled that MEC will not use its money and cannot contend that it will suffer loss.

MEC lawyer David Matumuka Banda told the local media recently that, following the Constitutional Court’s ruling, MEC did not withdraw its application from the Supreme Court of Appeal in which it is also asking the court to stay the constitutional court’s order.

He said the application is the one to be heard on March 11.

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