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Lawyers not ready for fired MP appeal
by Bright Sonani, 08 March 2005 - 15:54:59
The appeal hearing for former Deputy Speaker Loveness Gondwe, who is contesting a Mzuzu High Court ruling that threw her out of the Mzimba West seat, failed to start on Monday after lawyers indicated they were not ready.
Gondwe’s lawyer Marshal Chilenga asked the three Supreme Court of Appeal judges, soon after taking their seats, to adjourn the case since both himself and another lawyer Chifundo Ngwira, representing Catherine Gotani Hara did not have adequate time to get prepared for the hearing.
“Because of that we have failed to submit skeletal arguments as required. The case has to be adjourned for us to finalise our skeletal arguments in readiness for the hearing,” said Chilenga.
Chief Justice Richard Unyolo, leading the panel of judges, did not object to the application and adjourned the case to March 22. But he asked the two lawyers to submit their skeletal arguments by the end of the Monday.
Gondwe is appealing alongside the Malawi Electoral Commission (Mec) over nullification the results after the lower court established that she had an unfair advantage in the May 20 polls since she used public resources during campaign; used threats and violence; lack of verificatioon of voters’ roll; and determining results when there were irregularities in the voting process.
Only Mec lawyer Kalekeni Kaphale indicated that he was prepared for the case.
The Mzuzu High Court ruling followed a petition against Gondwe and Mec from Gotani Hara, a close contender in the elections, who queried that the voting process was not free and fair.
Mzimba West continues to lack representation in the National Assembly as the legal battle rages.


 
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