By Owen Kassinger Thulu
This week President Peter Mutharika and Democratic Progressive Party (DDP) petitioned the court to throw away Malawi Congress Party (MCP) and UTM Party’s application which is seeking nullification of May 21 polls presidential results for a re-run.
This follows numerous irregularities that marred the elections.
Owen Thulu, a contributor has observed a lot irregularities also in President Mutharika wishes to throw away the opposition parties move, arguing that DPP petition is a pity sham that deserves court’s dustbin.
Justice Kenyatta of the Supreme Court of Appeal in Malawi said the following:
“Before resting, I wish to make the following observation. Courts loath the perdition of cases through technicalities. The easiest way to avoid justice is to dwell on technicalities. This, to attain justice, the Courts must avoid.
“The Court must take care not to sacrifice justice on the altar of technicalities. In Harman Singh v. Jamal Pribhai  AC 608, Lord Radcliffe showed that time had faded when disputes should be dealt with at the altar of technicalities.”
This was said by the said Justice of the Supreme Court of Appeal on the 11th day of January in the year 2017.
The doctrine of precedence helps to teach us that such position, having been taken by a Supreme court, is not just persuasive to the High Court but entirely binding.
We do not, at this point, need to remind each other that in spite of its name, the Constitutional Court is the High Court operating on a customized planer
The DPP’s petition posture is entirely on technical grounds which are largely ridiculous and time wasting. Imagine arguing that they were not shown the fee payment receipt.
Imagine arguing about a stamp. Would that suffice to be an altar upon which to sacrifice justice? I do not think so.
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