High Court Throws Out MEC Application In The Lower Shire Parliamentary Elections Dispute Case

By Leo Mkhuwala

The elections body, Malawi Electoral Commission (MEC), alongside three other respondents in the ongoing Parliamentary Elections dispute case for the Lower Shire constituencies, have on Thursday, hit a blank wall, after the High Court in Blantyre trashed their application in which they requested Court to consider stop the Malawi Congress Party (MCP) key witness, Peter Lackson from testifying.

The Court’s decision follows the argument in the application, in which lawyers for MEC and the other respondents, wanted Court to cease from regarding Peter Lackson as witness, claiming he was an ICT expert who needed the Court to set up proper procedures that befits the so called expert.

However, in his ruling on the application, the presiding judge, Justice Sylivester Kalembera, said, the Court does not regard the witness in question, Peter Lackson, as an ICT expert but rather, a mere witness and therefore there was no convincing reason for the Court to stop regarding him as a witness.

Following the ruling, Peter Lackson continued testifying, as he was cross-examined by lawyer Patience Maliwa, legal counsel for the respondents, Esther Mcheka Chilenje, Parliamentarian for Nsanje North and Sam Khumbanyiwa for Chikwawa East Constituency.

The witness was also partly cross-examined by lawyer Dalitso Mataka representing MEC.

In the course of cross-examination, it transpired, that some exhibit documents were poorly filed in a rather disorderly manner, a development that prompted the witness to request the Court to order both parties to rectify problem. The problem was quickly sorted out.

The case was adjourned to Friday morning when cross examination of Peter Lackson will resume by MEC lawyer.

In the case, three Lower Shire MCP Parliamentary Candidates in the May 21, 2019 are challenging the outcome of the parliamentary polls, hence want Court to nullify the results.

The candidates are Kafandikhale Mandevana who in the polls had represented MCP in Nsanje Central, Enock Chizuzu for Nsanje North and Foster Thiphiwa for Chikwawa East Constituency.

Currently, the court is particularly handling the hearing of Nsanje North and Chikwawa East Constiencies before finalizing the litigation with Nsanje Central Constituency.