The High Court sitting as a Constitutional Court will deliver its ruling today on whether the Democratic Progressive Party (DPP) elections case should be dismissed or not.
In the case, the DPP wants the June 23, 2020 presidential elections nullified due to the firing of four commissioners of Malawi Electoral Commission.
The DPP says the Constitutional Court should interpret the implication of President Lazarus Chakwera’s decision to rescind the appointment of two commissioners of the Malawi Electoral Commission (MEC), Linda Kunje and Jean Mathanga as well as the decision of the High Court that four commissioners nominated by DPP were appointed illegally.
According to the DPP, the sum total of the decision was to make the commission unrecognizable under Section 75 of the constitution which requires a complete Commission to have six commissioners.
Attorney General Thabo Chakaka Nyirenda said the case should be dismissed because the DPP has conspired with Mutharika who will benefit from the nullification of the 2020 Presidential Election since he will retain as President of Malawi.,
He noted that Mutharika appointed four commissioners instead of three as required by the law hence the current case would allow him to benefit from him own wrongdoing.
Nyirenda further argued that the DPP has no sufficient interest in the case but Mutharika who was the candidate in the 2020 elections.
He also described the DPP’s petition as frivolous and vexatious, and asked that it should be thrown out
Judge Sylvester Kalembera and a panel of four other judges will deliver their ruling today from 10 am.