LILONGWE-(MaraviPost)-The Constitutional Court in Lilongwe, hearing the presidential elections case in which leader for UTM, Dr Saulos Claus Chilima and leader for Malawi Congress Party (MCP), Dr Lazarus Chakwera want the results of the May 21 polls to be nullified and subsequently re-run the same, has ruled in favour of Daud Suleman to demonstrate in court, using computer gadgets, how the polls were rigged .
A team of lawyers led by Attorney General, Kalekeni Kaphale, representing Malawi Electoral Commission (MEC) as the second respondent in the case, prayed to the court that the application made by Daud Suleman to demonstrate using computer gadgets, how the polls were marred by MEC IT officials, be discharged and varied.
In its ruling on 5th November, 2019, the court observed that the application made by the counsels representing Malawi Electoral Commission (MEC), was frivolous and vexatious.
“The brief background to this application is that on the 18th September, 2019, following an application by the second petitioner to allow various witnesses including Mr. Daud Suleman to, among other things, demonstrate their evidence owing to the technical nature of their evidence, this court ruled that Mr. Suleman be allowed to demonstrate his evidence, for purposes of clarification, and also ordered that, for that purpose, the 2nd Respondent should make available to the 2nd Petitioner the gadgets outlined in the 2nd Petitioner’s Notice filed on 14th of August, 2019. The Court ordered that the gadgets are to be made available no later than the date when the said Mr. Daud Suleman shall be presented to Court by the second Petitioner for examination.” Reads the second paragraph of the ruling.
The court has further imposed costs of MK 300 , 000 on the second respondent, the Malawi Electoral Commission to be paid to the second petitioner within seven days from the day of the ruling.
UTM and MCP are challenging the results of the May 21 polls. They are both seeking a re-run; arguing that the results of the polls were marred with innumerable irregularities.
