Democratic Progressive Party DPP has filed a lawsuit asking for the nullification of the 2020 fresh presidential election.
DPP lawyer Charles Mhango has confirmed the development saying it follows high court judgment that nullified the appointment of 4 commissioners of the Malawi Electoral Commission MEC.
In his judgement Judge Kenyatta Nyirenda also said the decision will have no bearing on the validity of the election.
However, According to Mhango, the judgment meant that by the time the fresh presidential elections were being held there was no MEC.
“We believe that under the constitution, the chairperson of the electoral commission plus his two commissioners had no constitutional mandate or power to manage the elections in this country. Therefore whatever elections they purported to have administered or presided over all those are null and void including the election which elected president Chakwera and vice president Chilima into the office of president and vice president in this country”, said Mhango.
He also said Justice Nyirenda made an error to insinuate that the nullification of the commissioners would not affect the outcome of the June 23rd June presidential elections because was not seating as a constitutional court.
“The constitutional court does not comprise a single judge, you must have at a minimum level three justices of the high court to constitute a constitutional court. He had no power in our view to make pronouncements on constitutional implications of the decision”, Muhango added.
He therefore believes that the court would would properly constitute a constitutional court to decide the issues that have been raised.