The Supreme Court of Appeal has thrown out an appeal for stay order by the Malawi Electoral Commission (MEC) and Democratic Progressive Party (DPP) President Peter Mutharika regarding Constitutional Court’s Judgement nullifying May 2019 presidential elections.
MEC has suffered a second defeat in the application as the Constitutional Court threw out the same application which made MEC appeal to Supreme Court to obtain a stay order on the basis of limited time and resources to run a fresh election.
Speaking to ihubOnline, MEC lawyer Tamando Chokhotho said the Supreme Court ruling means MEC will have to organize a fresh presidential election within the stipulated time frame as ordered by the Constitutional Court.
He added that he will brief his client and see the way forward.
“MEC will have to rework its calendar and fit everything within the period that has been ordered by the court,” said Chokhotho.
On his part, Lawyer for UTM President Saulos Chilima, Chikosa Silungwe expressed joy with the Supreme Court ruling.
He said the arguments by MEC fell short of merit hence the decision to uphold the earlier ruling.
“The Supreme Court has disagreed with MECs decision of holding the Elections in October so MEC should start preparing for the Election as the legislature has said the Election should be held on 19 May, ” said Silungwe.
He said what is remaining now is to go back to court on 15 April for the hearing of the actual appeal.
Meanwhile, Malawi Congress Party President Lazarus Chakwera has told Malawians to prepare for the elections set for May 19th.
“This is an example of Justice and everyone should comply with what the court says, as far as this is concerned, we must proceed with preparation for Elections,” he said.
The Constitutional court made its ruling on the Presidential Elections case on 3 February where it nullified the 21 may 2019 Presidential elections on grounds that it was mismanaged and had irregularities, and ordered for a fresh Election within 150 days.