Court Adjourns Elections Case Over Opinion Objection

Constitutional court in Malawi has adjourned to half past three on Monday 12 August 2019 to discuss arguments on the objection of opinions in the presidential elections case.

The adjournment comes after petitioners, respondents and friends of court presented their ideas on the objection by counsel Marshal Chilenga of first petitioner Dr Saulos Chilima.

After Chilima presented his evidence attorney general Kalekeni Kaphale calculated that it was 0.0022 percent of elections.

“Is 0.0022 percent enough to say that the elections were fraudulent,” asked Kaphale

This did not please Chilenga who objected saying “opinions are not used in cross examination.”

The the court gave chance to all parties in the court to make their arguments.

Friends of court which are Malawi Law Society and Women’s Legal Resources Centre WOLREC said opinions are not allowed and admissible in court unless they come from expert.

Therefore the court announced the adjournment to make its determination on the matter.

At the resumption of the presidential elections case on Monday 12 August 2019 afternoon the judge announced that Supreme Court of appeal will begin hearing an application by Kaphale to end presidential elections case.

Trial of the presidential elections case in Malawi began on 8 August 2019 after an extension from 29 July, 2019.

MCP president Dr Lazarus Chakwera and  Chilima applied for nullification of presidential elections which were held on 21 May 2019 because there were irregularities such as use of Tippex and transfer of the latter’s name from Lilongwe to Likoma Island.

President professor Peter Mutharika and Malawi Electoral Commission are respondents in the case.