The Constitutional Court will on September 29 hear an application by Attorney General Thabo Chakaka Nyirenda who wants the Democratic Progressive Party’s presidential election case dismissed arguing that the DPP cannot be rewarded for its own irregularities.
A five-member panel of the Constitutional Court led by Judge Silvester Kalembera started hearing preliminary applications in the case this morning.
In the case, DPP wants the 2020 presidential elections to be nullified on the basis that some Malawi Electoral Commission (MEC) commissioners who managed the election were appointed illegally last year by the then president Peter Mutharika
Nyirenda has argued that the DPP, which Mutharika leads, cannot benefit from an irregularity which itself created. According to Nyirenda, the court should not be in a business of rewarding irregularities.
Nyirenda also argued that the application for the nullification of the 2020 elections was filed months after the seven days provided by the law had expired.
He further said the application should have been filed by the candidate who represented the party in the presidential election and not the party.
According to Nyirenda, the application has also been filed at the wrong court as it the DPP was supposed to challenge the ruling which found the appointment of the MEC commissioners to be illegal.
Nyirenda told the media at the court that he is confident the case will be dismissed.
On its part, the DPP lawyers said the party will parade witnesses who include Jean Mathanga, a former MEC commissioner whose appointment in 22 was found to be illegal.