LILONGWE-(MaraviPost)-Even before the challenge of presidential results for the May 21 elections case has started, President Peter Mutharika has put spanners in the case asking the High Court to ‘strike out’ the case for being ‘irregular, incompetent and incurably defective’.
Mutharika, who was added to the case as the first respondent, through his lawyer Frank Farook Mbeta, Wednesday evening filed a petition in court that he will be asking the High Court, sitting as a Constitutional Court to strike out the elections case.
The Constitutional Court to be presided over by five High Court Judges namely Healy Potani, Dingiswayo Madise, Mike Tembo, Ivy Kamanga and Redson Kapindu is expected to meet lawyers from both sides for a ‘Scheduling Conference’ of the case at the High Court Lilongwe District Registry on Friday afternoon.
“Take notice that during the Scheduling Conference of this matter before the judges of the High Court sitting as a Constitutional Court, the 1st Respondent (President Peter Mutharika) will make the following applications;”
“That the 1st Petitioner’s (Dr Saulos Chilima) Election petition herein be struck out for being irregular, incompetent and incurably defective.”
“An order that 2nd Petitioner (Dr Lazarus Chakwera) has not filed an Election Petition known to the law within the prescribed 7 day period or at all and should therefore be removed as a party.”
“That the 2nd Petitioner’s purported Election Petition filed on 3rd June 2019 be struck out for being irregular, incompetent and incurably defective,” reads the notice of preliminary applications dated 12thJune 2019 and served on lawyer representing Chakwera Titus Mvalo by 17.32 hours on Wednesday.
The notice also said the sworn statement of lawyer Chancy Thomu Gondwe will be read in support of the application.
However, a legal expert said the preliminary application by Mutharika is meant to frustrate the case and further delay the hearing of the substantive case.
“I think this is just one of the tactics that Mutharika is using to frustrate the case and further delay the hearing of the main action. The case has not even started and he is making all these applications,” said the legal guru.