High Court Judge Dingiswayo Madise has declined a request by the Attorney General to dismiss a case in which Democratic Progressive Party (DPP) is asking for nullification of the last year’s fresh presidential election case.

Also, the DPP wants the court to order that the presidential status should remain before the order for a fresh poll.

According to Charles Mhango, lawyer for DPP, the Attorney General wanted the case to be dismissed right away arguing that DPP sued government without giving a 90 day notice.

However, Mhango said DPP responded by saying that Madise cannot hear the application since it’s a constitutional matter.

He also asked the judge to refer the case to the Chief Justice.

Meanwhile, Madise has referred the case to Chief Justice Andrew Nyirenda for certification as a Constitutional matter.

This means that the Chief Justice will now have powers to constitute a Constitutional Court comprising of three or five judges who will hear the case.