By Kondanani Chilimunthaka
LILONGWE-(MaraviPost)-The 2020 Presidential election related cases are refusing to die in this country as on September 29,2021 the Constitutional Court sitting in Blantyre has started hearing the case in which the former ruling Democratic Progressive Party (DPP) is requesting the Court to interpret Section 75 in the Constitution of Malawi.
Making his argument, the county’s newly appointed Attorney General (AG) Thabo Chakaka Nyirenda told the court that the pleadings by DPP do not demonstrate any right that they enjoyed and was affected by the decision of Justice Kenyatta Nyirenda.
Attorney Chakaka Nyirenda citing a number of cases, argued that the case brought to court by the claimant do not meet the test.
Further, AG Nyirenda told the Court that DPP has no sufficient interest in the case as it was supposed to be Peter Mutharika to sue being a directly concerned party.
He argued that the argument by the claimant is hypothetical, and that being a Court of law it won’t work on assumptions, adding that failure to prove how they were affected and failure to bring before the Court any candidate who stood as an MP or Councilor to present argument in protest to the election is a clear indication that the claimant was working on assumptions.
Nyirenda continued by telling the Court that the office of Malawi Congress Party (CP) President and that of State President must be understood correctly and not be at any point confused as they are totally two different offices, arguing that what Dr. Chakwera did as a candidate can not be attributed to what his current office holds.
He then argued that both claimant and defendant are wrong parties to the case, hence a need to dismiss the case with costs. (Tembo & Kainja vs Speaker of the National Assembly)
Chakaka in his argument, also told the Court that one can not be allowed to benefit from their own wrongful doing or act, adding that the case before the Court is an electoral matter as it is pleading for nullification of election results, and was supposed to commence within 7 days from the day that election results were announced, hence pleading with the Court to dismiss it with costs.
On the judgement of Justice Kenyatta subject to current proceedings which the AG said is the cause of the current case in Court, he told the Court that the claimant nominated five nominees into the Electoral Commission which contravened and totally violated Section 4 of the Elections Act which gives a maximum of three nominees, challenging DPP that the current President (Chakwera) is not part of the case, and that the decision was made in bad faith aiming at benefiting from the wrongful act.
But responding to the Attorney General, DPP lawyers argued that the case has been brought under Section 75 of the Constitution, and that the decision to rescind the appointment of Commissioners Kunje and Mathanga on April 7,2021 was an abrogation, and that the case should not be dismissed as pleaded by the AG.
Further, among others, the DPP lawyers argued that the decision delivered by Justice Kenyatta Nyirenda on June 2,2021 to annul the appointment of Kunje and Mathanga went ahead to make void the appointments of other two Commissioners leaving the Electoral Commission without proper number it should have.
DPP lawyers repeatedly told the Court that they are pursuing the case seeking interpretation of Section 75 of the Constitution, consequences of the two decisions made by the judge Nyirenda, saying they are not in quarrel with the decision and they do accept it fully.
Meanwhile the Attorney General, Thabo Chakaka Nyirenda is expected to respond to the argument by DPP lawyers on Thursday morning September 30, 2021 from 9 o’clock.