The High Court sitting as a Constitutional Court will tomorrow rule on whether a case in which the opposition Democratic Progressive Party is challenging last year’s fresh presidential election should proceed or not.
This follows eight preliminary objections which Attorney General Thabo Chakaka Nyirenda presented in the court on why he feels the case should not proceed.
Among other things, the AG said the matter was arising from a decision made by High Court Judge Kenyatta Nyirenda; hence, the High Court, although sitting as a constitutional court, cannot reverse the decision of another High Court.
He also said it is DPP which created the mess and it cannot come back to benefit from their own unlawful deeds.
DPP lawyers Charles Mhango and Samuel Tembenu argued that the case should proceed saying DPP did not create any mess as it was not an appointing authority but the then president Peter Mutharika.
DPP wants court-sanctioned 2020 fresh presidential election and parliamentary as well as local government by-elections managed by the seventh cohort of Malawi Electoral Commission nullified after the High court in June ruled that four of the commissioners were not duly elected.
Meanwhile- Registrar of the high court Gladys Gondwe, Attorney General Thabo Chakaka Niyrenda and DPP lawyer Charles Mhango have confirmed that the ruling will delivered at 10am tomorrow.
