LILONGWE-(MaraviPost)-The Supreme Court of Appeal on Thursday, August 15 dismissed the appeal by Democratic Progressive Party (DPP) Presidential Candidate Peter Mutharika and Malawi Electoral Commission (MEC) to stop the election case.
This means the ongoing case in the Constitutional Court will continue.
The matter was heard by a panel of seven judges which included the Chief Justice Andrew Nyirenda, Justice Dunstain Mwaungulu, Edward Twea,Lovemore Chikopa, Rezine Mzikamanda, Anthony Kamanga and Edgar Kapanda.
Justice Andrew Nyirenda had to pronounce his ruling on the matter.
“Our answer is yes, these matters are appealable under provisions 21 and 23. Proceeding from there, we notice a couple of issues; (A) there are no notice appeal files by the first appellant (b) there is a notice of appeal by the second appellant but the matters are matters raised by the first appellant and not the second appellant in the court below.”
“Having made these observations, having heard the skeleton arguments and having heard counsel this morning orally and having considered the matter in entirety we dismiss the matter with costs,” rules the Supreme Court.
This is another slap in the face of Attorney General (AG) Kalekeni Kaphale effort to discredit the election case.
Oppositions Malawi Congress Party (MCP) and UTM Party (UTM) are seeking court intervention over the disputed May 21 polls for fresh elections due electoral fraud.