LILONGWE-(MaraviPost)-Even before the challenge of presidential results for the May 21 elections case has started, President Peter Mutharika has put spanners in the case asking the High Court to ‘strike out’ the case for being ‘irregular, incompetent and incurably defective’.
Mutharika, who was added to the case as the first respondent, through his lawyer Frank Farook Mbeta, Wednesday evening filed a petition in court that he will be asking the High Court, sitting as a Constitutional Court to strike out the elections case.
The Constitutional Court to be presided over by five High Court Judges namely Healy Potani, Dingiswayo Madise, Mike Tembo, Ivy Kamanga and Redson Kapindu is expected to meet lawyers from both sides for a ‘Scheduling Conference’ of the case at the High Court Lilongwe District Registry on Friday afternoon.
“Take notice that during the Scheduling Conference of this matter before the judges of the High Court sitting as a Constitutional Court, the 1st Respondent (President Peter Mutharika) will make the following applications;”
“That the 1st Petitioner’s (Dr Saulos Chilima) Election petition herein be struck out for being irregular, incompetent and incurably defective.”
“An order that 2nd Petitioner (Dr Lazarus Chakwera) has not filed an Election Petition known to the law within the prescribed 7 day period or at all and should therefore be removed as a party.”
“That the 2nd Petitioner’s purported Election Petition filed on 3rd June 2019 be struck out for being irregular, incompetent and incurably defective,” reads the notice of preliminary applications dated 12thJune 2019 and served on lawyer representing Chakwera Titus Mvalo by 17.32 hours on Wednesday.
The notice also said the sworn statement of lawyer Chancy Thomu Gondwe will be read in support of the application.
However, a legal expert said the preliminary application by Mutharika is meant to frustrate the case and further delay the hearing of the substantive case.
“I think this is just one of the tactics that Mutharika is using to frustrate the case and further delay the hearing of the main action. The case has not even started and he is making all these applications,” said the legal guru.
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2 responses to “President Mutharika put spanners in elections case….…wants case dismissed….Chakwera be removed as party to the case”
Despite these mid understandings the people to suffer most the effects are small scale businesses, ordinary Malawians from villages and road users, since after a close observation police is not actively playing its role of protecting the state, budget future in limbo, poor Malawian has no hope all due to few people called themselves leader of religion and failed parties. We are so unfortunate to see how unconcerned leaders are behaving. But one thing for sure is that at the end the incumbent will rule the nation by that time it will be too late, a lot will be already waisted as a result we will start blaming the head of state forgetting what we are creating.
For Chakwera and Chilima my persona advise is this no matter how long it will take you shall regret this. People have started suffering with I’ll political minda you 2 have
Have you ever litigate the case ? or you are writing to entertain yourself?
Your bargain has no legal basis even in common law.
It would be better you shut the hell up