The High Court in Lilongwe is this Thursday set to hear arguments from lawyers representing Lilongwe City South East Constituency Member of Parliament (Democratic Progressive [DPP]) Bently Namasasu and Malawi Congress Party (MCP) candidate Ulemu Msungama who is challenging the election results.
Malawi Electoral Commission (MEC) declared Namasasu winner of the parliamentary poll in Lilongwe City South East Constituency with 10 956 votes against Msungama’s 10 854, a difference of 98 votes.
Last week Monday, the High Court ordered a recount which failed to take place after Namasasu obtained an injunction restraining MEC from going ahead with the process.
High Court registrar Justus Kishindo said in an interview yesterday he had granted the two parties summons for interpartes hearing as ordered by High Court Judge Lloyd Muhara who initially granted the injunction and heard appeals from Msungama’s lawyer to vacate the order.
In contesting the order to recount votes at Chilinde School, City Council site office and Mlodza F.P. School, Namasasu, through his lawyer Chauncy Gondwe, argued that he was not consulted when his fellow candidate challenged the results.
However, Msungama’s lawyer Emmanuel Tchapo made an application to the High Court to vacate the stay order arguing that Section 100 of the Presidential and Parliamentary Elections Act did not provide for consultations or adding other candidates to an electoral case.