Another win for the DPP and Professor Peter Mutharika, they had asked the court to stay the decision by MEC not to announce the results of the polls until a contested recount has been conducted.
The lawyers for the DPP said the ruling effectively means that MEC can announce the results once they finalize the vote tabulation process currently underway at the National Tally Centre.
“It was an order granting us permission to apply to the High Court for it to review MEC’s decision to continue counting the votes but not to declare the final results until the votes have been recounted,” said one of the lawyers
“That we believe is a problematic decision legally which may not be supported by the law so the High Court has granted us permission to apply for judicial review.
“On top of that it has granted us a stay order ordering that the decision that was made yesterday (Saturday) should not be effective at all until after trial.
“What that means is that MEC has to proceed with the determination and the publication of the results unless the order we obtained gets vacated before the lapse of the 8-day period they have to publish the results.”