LILONGWE-(MaraviPost)-Malawi’s Chief Justice Andrew Nyirenda on Monday, April 13, 2020 threw out Malawi Electoral Commission (MEC)’s application for admission of the two South African meant to represent the commission in the presidential elections case appeal.
The RSA lawyers including Dumisa Buhle Ntsebeza and Elizabeth Makhabani Baloyi-Mere to represent the Malawi Electoral Commission in the presidential elections case appeal.
The two South African lawyers did not arrive in the country due to public health concern.
As a result they presented themselves to the Malawian Embassy in South Africa where they wanted to participate in the case through video teleconferencing .
According to Nyirenda it is against the law for lawyers to represent MEC when they are in another country as the law requires them to be physically in court.
This means MEC lawyer Tamando Chokotho will represent the electoral body when the appeal case begins on Wednesday, April 15, 2020.
The MaraviPost understands that Malawi Law Society (MLS) took Chief Justice to Section 3 of Constitution which define territory of Malawi, as a sovereign state.
MEC on other hand argued that since the SA lawyers were at Malawian Embassy in South Africa it means they were part of Malawi territory.
However, the Chief Justice has interpreted Section 3 of the Malawi Constitution and found out that the embassy is not part of Malawi territory, since it is in another country( South Africa).
The Chief Justice then concluded that the law requires lawyers to be physically present when hearing the admission application, therefore he said he cannot change the law, as his duty is to interpret it.
Hence he has refused to grant the SA lawyers admission to represent MEC.
