Two opposition parties and five concerned citizens pushing for a judicial review of a Malawi Elec toral Commission (MEC) decision against an independent audit of its system will have to wait until August 28 to present their case.
High Court of Malawi Judge Chimbizgani Kacheche yesterday set the date when the parties met in Blantyre and advised the petitioners and respondents to file their documentation within seven days.
In the case, Democratic Progressive Party (DPP), UTM Party, former Rumphi East legislator Kamlepo Kalua, Luther Mambala, Bishop Chimwemwe Mtuwa, Steve Chimwaza and Jubeck Monjeza are seeking a judicial review on MEC’s decision to turn down requests for independent audit citing security threats.
Judiciary spokesperson Ruth Mputeni said MEC initially applied for stay of the proceedings ahead of the scheduling conference, citing irregularities in the documents served on them, but the two parties later filed a consent order agreeing to allow the claimants to serve correct documents.
She said the court gave directions that the claimants must ser ve the regular documents by close of business yesterday.
Said Mputeni: “The court directed that MEC should file defence if they wish to do so within seven days. And that it should file its sworn statements within a further seven days. The matter has been set down for hearing on August 28 at 2pm.”
Attorney General Thabo Chakaka Nyirenda, representing MEC, said the case was adjourned to allow for proper service of correct court documents which the claimants filed.
On his part, one of the lawyers for the claimants, Bob Chimkango said the date for hearing, which is about three weeks to the September 16 General Election, works for the applicants.
“The hearing will be conducted on only one day and whichever way the case goes, we trust there is efficiency in the Judiciary to make a judgement before the elections,” he said.
The applicants want an independent audit of the electronic management system (EMS).
They also want MEC to stop implementing the use of electronic management devices (EMD) to identif y voters and electronic transmission of the national results.
In June, MEC rejected a joint proposal by five opposition parties to conduct an independent audit of its EMS, citing constitutional independence, legal insufficiency and technical inaccuracies in the proposed scope.
The scope was collectively submitted by DPP, Alliance for Democracy, People’s Party, United Democratic Front (UDF) and UTM Party.
MEC chairperson Annabel Mtalimanja told The Nation last month that an election system audit was partially conducted through issuance of copies of voters’ register to stakeholders for verification.
