Lawyers, judges flout election procedures
Lawyers and judges have been flouting a 2009 practice direction issued by the Judiciary to regulate court procedures during elections.
Practice direction No 2 of 2009 issued under former Chief Justice Lovemore Munlo—which remains in effect for the 2014 tripartite elections—allowed for extended periods between affidavits in response to an application, affidavit in reply and hearing of an application at the High Court.
On injunctions, the practice direction reads: “An application for an interim injunction in connection with the proceedings of an election petition or other election complaint shall be made inter partes and shall be heard by a single judge.”
However, this has not been the case in the several court orders obtained to stop Malawi Electoral Commission (MEC) from conducting an audit of the ballots cast or ordering the commission to release results.
High Court registrar Joseph Chigona confirmed that the 2009 practice direction was still in effect.
He said, as a court, they wanted all substantive applications to come to court inter partes but this had not been possible so far.
“But in essence, those orders the court has given have been interim,” Chigona said meaning the judge had given the two parties a period after which the matter could be heard jointly.
