A law expert has described the action taken by the former ruling Democratic Progressive Party DPP where it has asked the High Court to nullify the June 23, 2020, fresh presidential election, as frivolous and an abuse of the courts.
Dean for the faculty of Law at the Catholic University of Malawi, John Gift Mwakhwawa, was reacting to news that DPP has challenged the election that ushered in President Lazarus Chakwera and his Vice, Saulos Chilima.
The application comes barely two weeks after the High Court in Lilongwe nullified the appointment of four MEC Commissioners from the DPP; Jean Mathanga, Linda Kunje, Arthur Nanthulu and Steve Duwa because they were not properly appointed by former President, Peter Mutharika.
“The challenge is laughable, and the court is likely going to throw out the application as it is a waste of time”, said Mwakhwawa.
He said the law is clear on the matter, “DPP abused its powers, broke the law deliberately by appointing four commissioners, and it cannot use the same to benefit it,” he said.
But DPP Director of Legal Services, Charles Mhango, says the party has drawn its strength from the High Court ruling to challenge last year’s polls.
“We are confident, we will carry the day”, he said.
Mhango said this is a Constitutional matter and believes the Chief Justice will direct that a panel of judges should handle the matter.
“Justice Madise is handling the matter, but since this is a Constitutional matter, am sure the honourable Chief Justice will appoint a panel of judges to look into the issue”, he said.
Meanwhile, Attorney General, Chikosa Silungwe confirmed having received the application but could not comment on it, saying his team is studying the application.
“Yes, I can confirm, I have received the application, but will be able to comment after examining the file,” Silungwe added.
