President Professor Arthur Peter Mutharika and the ruling Democratic Progressive Party (DPP) through their lawyer have filed a lawsuit to the Constitutional Court asking the court to strike off the May 21 polls complaint by Malawi Congress Party (MCP) and United Transformation Movement (UTM).
The notice of applications which faceofmalawi has seen, further says that Mutharika wants to be struck out of the elections case when all the parties meet for a scheduling conference on Friday.
On Wednesday, 12th June 2019 the DPP filed and served a Notice of Preliminary Application in the Constitutional Court against the Consolidated Election Petitions by UTM and MCP.
The DPP has raised three main preliminary issues for the determination of the constitutional court namely that the UTM Petition be struck out for being irregular, incompetent and incurably defective, that the MCP has not filed any election petition known to the law within the prescribed 7 days period and should therefore be removed as a party to these proceedings and that the purported election petition by MCP be struck out for being irregular, incompetent, embarrassing and incurably defective.
The DPP application argues that the UTM Petition was not supported by any sworn statement filed within the prescribed 7 days and cites wrong sections of the Parliamentary and Presidential Elections Act.
The DPP also argues that the purported MCP petition is a purported sworn statement of Dr Lazarus Chakwera but signed by lawyer Titus Mvalo without any jurat.
The DPP has also argued that the said sworn statement was not attested before a commissioner for oaths as required by law and the nature and purpose of this document is unknown as is alien to the law as it is neither a petition nor a sworn statement and it is therefore embarrassing to the Respondents.
The purported election petition was not duly filed with the court as it does not have the requisite court stamp signifying payment of the requisite fees and it purports to verify a petition that does not exist.
The DPP has asked the court to strike out both petitions for being irregular, incompetent, embarrassing and incurably defective.
The Constitutional court will hear these arguments on Friday, 14th June 2019 during the Scheduling Conference.
