BLANTYRE-(MaraviPost)-The opposition The Democratic Progressive Party (DPP) says the argument that former President Peter Mutharika will benefit from the Constitutional interpretation case is not important since Mutharika is not a party to the case.
Presenting arguments in court on Wednesday afternoon, September 29, 2021 DPP lawyer Samuel Tembenu said it is the constitutionalism of this country that will benefit from the constitutional interpretation case.
The DPP in the case wants the Constitutional Court to interpret the implication of President Lazarus Chakwera’s decision to rescind the appointment of two commissioners of the Malawi Electoral Commission (MEC), Linda Kunje and Jean Mathanga as well as the decision of the High Court that four commissioners nominated by DPP were appointed illegally.
According to the DPP, the sum total of the decision was to make the commission unrecognizable under Section 75 of the constitution which requires a complete Commission to have six commissioners.
Attorney General Thabo Chakaka Nyirenda in the morning said the case should be dismissed because the DPP has conspired with Mutharika who will benefit from the nullification of the 2020 Presidential Election since he will retain as President of Malawi.,
He noted that Mutharika appointed four commissioners instead of three as required by the law hence the current case would allow him to benefit from him own wrongdoing.
Nyirenda further argued that the DPP has no sufficient interest in the case but Mutharika who was the candidate in the 2020 elections.
He also described the DPP’s petition as frivolous and vexatious, hence should be thrown out.
But presenting arguments in the afternoon, Tembenu said the argument that Mutharika will benefit is not neither here nor there since the former president is not party to the proceedings.
According to Tembenu, it is the constitutionalism of Malawi that will benefit from the decision.
He noted that the Malawi Congress Party (MCP) before the elections in 2020 commenced legal action over the composition of the MEC but withdrew the case when the party was leading in the elections.
He added that Chakwera, after being sworn in went on to rescind the appointments of Kunje and Mathanga and later the High Court decision came.
“The beneficiary of the illegality that is being talked about is the current President of Malawi,” said Tembenu.
“But our point is not because they are in power then they should should not be there, no. Our point is to vindicate the dictates of the law.”
On DPP not having sufficient interest, Tembenu argued that the DPP a registered political party which enjoys rights and was consulted by the president to submit names of commissioners hence as interest in the case.
The case resumes Thursday morning, September 30, 2021 when AG Nyirenda is expected to respond to the DPP’s arguments.