LILONGWE-(MaraviPost)-The constitution court in the capital Lilongwe on Thursday, July 25, 2019 made a number of rulings pertaining to election case.
In nutshell below are rulings:
1st Application:
Court findings;
-All those who lied under oath must be prosecuted. Mr Makwete to be investigated by law enforcing agencies.
Malawi Electoral Commission (MEC) has not disclosed all documents and lied that they were with COP and therefore didn’t comply with court order.
MEC officials lied under oath and must be investigated.
2nd Application
The court has rejected to given extra time or injunction for collection of evidence from Presiding officers. 2nd respondent MEC has not convinced the courts.
MEC still holding on to documents. No basis for extension. It has been dismissed.
3rd Application
Application by MEC for Injunction for UTM/MCP and public from interfering, threatening, assaulting electoral statement.
Counsel David Matumika Banda swore an affidavit on statement by Rev Maurice Munthali on allegations that they were manipulating election results and Larry Mita who spoke on a rally.
Court deeply saddened with the attack of counsels.
Interlecutory injunction
The court finds that the statement made by Matumika Banda was a fair statement.
Counsel Mvalo wanted to distance himself but court finds it unbelievable. Court concludes that Mvalo didnt find it wrong being the party legal advisor.
Maurice Munthali statement was careless.
The court finds Mvalo at fault and that he needed to notify the court.
Counsel Mvalo would have have advised Rev Munthali. It’s an outrage in the legal profession. Calling for apprehension for fellow counsel.
Conduct by members of public amounted to obstruction of justice
Rev maurice Munthali unfortunate and uncalled for and such statements should never be made
Much as every person has a freedom of opinion and expression they have a limitation.
The Court orders Lazarus Chakwera to publically condemn and publically dissociate himself from the statements made by Rev Maurice Munthali.
The court has considered and finds that there was unjustified disturbance.
However, considering the case at hand and the sensitivity of the matter, the court finds that it will be speculative to link the statements by Maurice Munthali with the obstruction of justice. Any person could have made claims that they were sent by MCP or any party
The court rules law enforcers should accompany the legal officers to avoid interference.
The order is that Malawi Police Service PS should protect the Legal Officers of MEC and may seek support from Malawi Defence Force (MDF).
MEC should bring all Presiding Officers in one place where security will be guaranteed.
Extension of 14 days
Due to evidence gathering process was disturbed as a basis.
The court is.mindful of the approach that the second respondent took. If the PRO would be brought in one place the process would be faster.
The MEC 2nd respondent
The court grants and extension of 5days for gathering of sworn evidence and 7 days for sworn statements
Potani Chair of the judges panels
Application by MBC to cover proceedings live.
Questioned why MBC is coming in at the 11th hour.