Malawi’s top court orders election case to be heard

By Moses Michael-Phiri

BLANTYRE, Malawi (AA) - Malawi’s Supreme Court of Appeal rejected an appeal demanding the dismissal of a case about the presidential election results.

A panel of seven Supreme Court judges, led by Malawi’s Chief Justice Andrew Nyirenda, rejected the appeal by President Peter Mutharika and the Electoral Commission to dismiss an election petition case which the two opposition leaders brought before the high court disputing May 21 presidential election.

The top court’s rule means the election case -- started on July 28 -- will continue to be heard.

Earlier, lawyers representing Mutharika argued at the High Court that the opposition petition was filed late. They further asserted that it had no sworn statement, hence it should be dismissed.

Chief Justice Nyirenda on the issue: “Our answer is yes, these matters are appealable but we notice a couple of issues. There is no notice of appeal filed by the first appellant and there is a notice of appeal by the second appellant. However, the matters are raised by the first appellant and not the second appellant in the court below.

“Having made these observations, having heard the skeleton arguments and having heard counsel this morning orally and having considered the matter in entirety, we dismiss the matter with costs,” said Nyirenda.

Malawi went to the polls on May 21 to elect the president, Mutharika was declared the winner.

However, the opposition parties have been protesting the results for the past three months with violent demonstrations.

They also filed a court case in June.