The High Court in Blantyre yesterday dismissed two cases challenging the September 16 parliamentary election results for Blantyre City South Lunzu Constituency and Chikwawa Mkombezi where Democratic Progressive Party (DPP) candidates were declared winners.
In Blantyre City South Lunzu Constituency, independent candidates Rashid Gaffar and Alex Chimwala were challenging the victory of legislator Veronica Ndalama while in Chikwawa Mkombezi, Malawi Congress Party candidate Abida Sidik Mia was contesting the victory of Lloyd Malola of DPP.
Gaffar and Chimwala wanted the court to nullify the election and disqualify Ndalama from contesting in a fresh election, alleging that, among others, she distributed cash handouts to bribe voters.
But Ndalama, through her lawyers, denied the allegations, saying neither she nor any of her personnel bribed anyone to vote for her.
According to Judge Allan Muhome, in its submission, the Malawi Electoral Commission also said it resolved the complaints from the petitioners before the results were announced.
The judge said none of the petitioners’ 15 witnesses were cross-examined and so the court was left with the evidence presented through the sworn statements.
He said in his judgement: “The petitioners have made far-reaching allegations against Ms Ndalama and MEC which are not supported by the totality of the evidence.
“The petition herein must fail. It does not enthuse any hope as the assertions are speculative. It is hereby dismissed. Nonetheless, in keeping with Section 100 (2)(b) of the Act and considering the nature of the case and the political rights involved, each party shall bear their own costs of this action.”
After the ruling, the petitioners’ lawyer Michael Goba Chipeta said he would explain to his clients what transpired in court and if they make any instructions he will act on them.
On his part, Ndalama’s lawyer Fred Chipembere said his client will now be free to serve her constituents.
In the Chikwawa Nkombezi case, Judge Jabbar Alide dismissed Mia’s allegations that there were irregularities.
Malola’s lawyer Khwima Mchizi confirmed to The Nation that the case was dismissed, and out of the five claimed irregularities, the court dismissed four, but faulted the failure by a presiding officer to sign on one form which had about 200 votes.
Efforts to speak to Mia’s legal representation proved futile.
