MZUZU-(MaraviPost)-The High Court of Malawi has rebuffed the Malawi Electoral Commission (MEC), which was the second respondent in the 2019 Presidential elections case; whose judgment was delivered on 3rd day of February this year.
According to an order by the court, MEC made an application to the same for directions on further compliance, variation or suspension of the Court’s judgment passed on 3rd day of February, 2020.
However, in its reasoning, the High Court feels it is a subordinate court which may discharge, vary or suspend the operations of any of its judgments or orders to such extent and in such a manner as may be prescribed.
“The application is wrongly brought before this Court as this is the High Court of Malawi, and not a subordinate Court as envisaged under the provisions under which the application has purportedly been made. A subordinate Court under the Court Act is clearly defined in Section 2 thereof as Any Court subordinate to the High Court,” reads the order in part.
The High Court’s order follows the commission’s application to have the July 2, 2020’s Presidential elections called off due to Covid 19 Pandemic which has engulfed the whole world.
On 3 February this year, the High Court sitting in Lilongwe as a Constitutional Court ordered the cancellation of the May 2019 Presidential elections and called for a fresh version of the same due to its numerous and systematic irregularities.
