The Supreme Court of Appeal is this morning expected to rule on an appeal by President Mutharika and the Malawi Electoral Commission (MEC) on whether or not the High Court sitting as a Consitutional Court erred in declaring that the May 21 presidential election should be nullified due to massive irregularities.
On Wednesday 14th April, first appellant Mutharika and MEC the second appellant told the seven-judge panel hearing the case led by the Chief Justice, that the High Court sitting as the Constitutional court erred in its interpretation of the law.
“The lower court erred in applying the law when it failed to consider materiality of the evidence. Section 114 of the PPEA allows for a nullification of results if the irregularities being claimed are enough to have affected the outcome, which is quantitative,” argued Mutharika’s lawyer Samuel Tembenu.
Taking his turn, Tamando Chokhotho representing MEC argued that the lower court treated similar evidence differently, which resulted in the erred judgement.
“Our position is that evidence from monitors is important in determining electoral petitions. We also raised issues on the fact that there was no evidence to challenge the evidence of our presiding officers,” Chokotho told the media after the hearing.
In response, lawyers for Saulos Chilima of UTM Party and Lazarus Chakwera of the Malawi Congress Party, the respondents argued that the electoral body failed in its Constitutional mandate and implored on the court to uphold the judgement of the lower court.
MEC gave 139 grounds of appeal against a Constitutional Court ruling that nullified the May 21 presidential election results.
Should the court rule in favor of appellants, Mutharika and Everton Chimulirenji will be reinstated as President and Vice President of Malawi. But should the court rule against them it means Malawi will go ahead with the current fresh presidential election process.
Meanwhile, all aspiring candidates that are contesting in the coming presidential election have already submitted their nomination papers on Wednesday and Thursday this week.
