Supreme Court defers Lilongwe elections case to Feb 3

The Malawi Supreme Court of Appeal will rule on February 3 whether to extend a stay order against High Court Judge Esme Chombo’s ruling for a rerun of Lilongwe City South East Constituency parliamentary elections.

The Malawi Electoral Commission (MEC) declared Democratic Progressive Party (DPP) candidate Bentley Namasasu winner of the constituency in the May 20 Tripartite Elections. But Malawi Congress Party (MCP) candidate Ulemu Msungama challenged MEC’s decision in court and Chombo ordered a rerun.

Namasasu then applied to the Supreme Court for a stay of Chombo’s ruling, which appeal judge Richard Chinangwa granted and ordered that an interpartes hearing be heard yesterday. The case was heard in the judge’s chamber.

However, lawyer for Msungama, John-Gift Mwakhwawa, was not present in the chamber and lawyer for Namasasu, Chancy Gondwe, said he asked for direction from the judge since his colleague was absent.

The judge then proceeded to hear submissions from Gondwe and will make a ruling on Tuesday, according to Gondwe.

In an interview, Mwakhwawa said he had told Gondwe that he would be travelling to Lilongwe to attend to another case.