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The Malawi Electoral Commission (Mec) will this morning be asking the Supreme Court of Appeal to throw out the elections case where Mgwirizano Coalition leader Aleke Banda is challenging the May 20 presidential elections, arguing that the PPM leader does not have the capacity to pursue the matter because he was not a presidential candidate.
Mec’s request to the court is a preliminary objection that has been raised in the matter alongside the Commission’s appeal against a High Court ruling of October 18 which accepted MCP president John Tembo into the case where the Mgwirizano Coalition is contesting the May 20 presidential election results.
Coalition lawyer Titus Mvalo said on Tuesday Mec has indicated that according to its reading, the Commission thinks that Banda is not supposed to be pursuing the matter.
“They think that Aleke Banda should have stopped pursuing the matter when Gwanda Chakuamba withdrew from the case. They think that Aleke Banda has no capacity at all,” said Mvalo.
He said Mec thinks that Tembo has no case to join because Banda’s case is nonexistent.
Mvalo said the Commission has filed an affidavit to support its arguments on the matter.
“But we will be challenging the case and we have also filed an affidavit in opposition,” said Mvalo.
He said the case will take place today at 9 AM in Blantyre.
EC lawyer Kalekeni Kaphale said last week that he appealed against Tembo joining the case because he thinks the High Court erred in ordering that the MCP president be party to the proceedings.
High Court judge Healey Potani accepted Tembo into the case after he challenged an earlier ruling by assistant registrar of the court Michael Tembo which barred him from the case.
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