By MacDonald Thom
[dropcap]M[/dropcap]alawi Electoral Commission (Mec) has asked the High Court to dismiss main opposition Malawi Congress Party’s (MCP) petition seeking reopening of centres which were involved in phase one of voter registration.
MCP and seven individuals filed the petition three weeks ago over the registration for the 2019 Tripartite Elections.
MCP, Matthews Stonard, Jackson Lighton Chimphoyo, George Jenya, Emmanuel Wilson, Tanazio Kaliwamba, Peter Chisambiro and Charles Maliseni, argue that in the opening phase, which covered Salima, Dedza and Kasungu districts, about 296,720 people were denied a chance to register.
But in its skeleton arguments, Mec says the petition has no merit and that it has been lodged prematurely.
Mec cites Section 113 of the Parliamentary and Presidential Elections Act, which states that “complaints alleging irregularity at any stage, if not resolved at lower level of authority shall be examined and decided by the Commission and where the irregularity is confirmed, the Commission shall take action to correct the irregularity.”
In the document, filed by lawyer, David Matumika Banda, Mec argues that in all the districts in question, registration officers did not record any complaint from the seven individuals who have petitioned the electoral body.
It says in respect of the MCP’s petition, Mec has not yet made its determination.
“There is no decision of the Commission confirming or rejecting the existence of an irregularity as regards the 1stPhase. Therefore, this petition is premature before the court and should be dismissed on that basis,” it reads.
Mec also argues that petitions under Section 114 (1) of the Parliamentary and Presidential Elections Act come by Appeal against decision of the Commission confirming or rejecting an irregularity.
It says before the Commission makes a determination or a decision, an appeal cannot go to the High Court.
Mec, therefore, says the court has no jurisdiction to entertain the petition.
“This petition must be dismissed and petitioners must be ordered to pay costs of the proceedings,” reads the document, dated September 5, 2018.
Sworn statements of Deputy Chief Elections Officer, Harris Potani, Director of Civic and Voter Registration, Lydia Luwanika, Team Leader responsible for Kasungu, Fyson Magalasi, regional elections’ Officer for the Central Region, Kate Mjojo and Sam Sitolo have been filed in response to the petition.
According to the petitioners, the phase, which ran from June 26 to July 9 2018, was marred by technical challenges and low turnout.
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