BLANTYRE-(MaraviPost)-The Malawi former vice president Cassim Chilumpha has applied for a stay order against pollster, the Malawi Electoral Commission (MEC) that he run for the presidency in two weeks’ time.
Chilumpha’s sworn in affidavit is expected to be read in the High Court in the coming days.
Both the Chilumpha legal team and officials from the High Court have confirmed that the former veep is back in the court after his bid to run for presidency under Tikonze was thrown out by the court.
Details of Chilumpha’s fresh application remains sketchy but the court last week rejected his application for appeal against the decision by the Malawi Electoral Commission (MEC) to disqualify him from contesting in the presidential poll on May 21.
Judge Mac Tembo said the law is quite clear that a decision of the High Court, on an appeal by way of petition against the decision of the Electoral Commission, is final.
“There cannot be an appeal to the Supreme Court of Appeal,” said Tembo.
The judge said this position is clear as provided in Section 114 (5) of the Parliamentary and Presidential Elections Act provides that at the conclusion of the trial of an election petition, the court shall determine what person was duly nominated and shall report such determination to the commission, saying the determination shall be final.
“This court also wishes to note that Section 21 provision (c) of the Supreme Court of Appeal Act provides that no appeal shall lie to the Supreme Court of Appeal in a civil matter where a judgment of this court is stated by any written law to be final,” said Tembo.
He said there cannot be an appeal against the decision of the court since the decision is final.
The judge therefore threw out the two applications; leave to appeal and stay of execution of the decision of the court, saying they are incompetent.
Malawi goes to polls on May 21, this year.
