Constitutional court has dismissed application by Malawi Electoral Commission MEC and president to suspend the nullification of presidential elections results.
The judges have made that ruling after hearing arguments of lawyers of parties involved in the elections case.
Reading the judgment lead judge Healey Potani said if MEC appeals to Supreme Court attorney general Kalekeni Kaphale must not represent the commission.
“The court found that indeed MEC did not have a sworn statement because its lawyer Musopa of NBS Bank is not licenced hence cannot take oath,” Potani
He said if the Supreme Court allows the appeal the appellants and all stakeholders will waste a lot of money.
Potani said the stakeholders should know that democracy is expensive hence the court is considering the rights of Malawians.
He further said if the appeal is successful there will be chaos in the country as there will be two presidents.
“This can be avoided by sustaining ruling of the constitutional court. The fresh elections must not be done before the Supreme Court makes its judgment,” added Potani
The court also dismissed application of President Peter Mutharika that parliament should not use 50 plus 1 in new elections.
Potani said MEC must not be worried with the 43 million kwacha for fresh polls because is taxpayers money.
He said the electoral calendar which MEC has come up with is useless because people already know the voting process.