Today, the High Court in Lilongwe will start hearing an application of the stay of February 3 rulling pending outcome of the appeal.
The two who were first and second respondent respectively Mutharika want the suspension of a judgment by the constitutional court pending their appeal on the case.
The appeal was earlier scheduled for Tuesday but was later shifted to Wednesday to provide chance to friends of the court – Malawi Law Society and Women Lawyers Association to file their submissions.
Agnes’s Patemba – Registrar of the High Court and Supreme Court of Appeal has told MIJ FM that each party will be given 45 minutes to argue its case.
MEANWHILE….
The High Court in Lilongwe has set a timeline in which it will make its rulling around 3 ocklock in the afternoon in an appeal that President Peter Mutharika and MEC have filed against the order for a fresh election.
Mutharika’s lawyer Charles Mhango has just finishing making submissions.
Each party in the appeal hearing has been given 30 minutes from the initial 45.
On the hand, the friends of the court have been allocated 15 minutes.
The court has indicated that due to the complicated nature of legal terms in the applications filed by the first and second respondents there is no need for translation.
It is onnly the judgement that will be translated for the interest of the general public.
Meanwhile, Mutharika’s lawyers have argued that his application for stay is premised on the basis that if he succeeeds in his appeal at the supreme Court then the orders of the constitutional court shall be rendered invalid but by the time the appeal is heard some of the orders would have already been enforced.
For instance Parliament is only remaining with 12 days to deal with MEC and it is practically impossible that the appeal application will be heard within 12 days.
Mutharika and MEC want the suspension of a judgement by the Constitutional Court which nullified the 2019 presidential election and ordered a fresh election.
The court indicated in its ruling that the irregularities that marred the poll were too grave and rendered the election unfair.