The main opposition Democratic Progressive Party (DPP) has made an application to the high court in Blantyre to grant the party an injunction to restrain the newly appointed Chief Elections Officer (CEO) for Malawi Electoral Commission (MEC), Andrew Mpesi, from discharging his duties pending the determination of the court in judicial review proceedings in which DPP is challenging the appointment of the CEO.
According to lawyer representing DPP, Felix Tambulasi, there is plenty of evidence that Mpesi is not apolitical because previously he has been showing off through the social media that he is a sympathizer of President Lazarus Chakwera and the Malawi Congress Party (MCP).
He said one of the qualifications for the position of MEC Chief Elections Officer is that the candidate should be apolitical as stipulated in the Section 12 of the Malawi Electoral Commission Act.
“We are challenging that the commission has gone against Section 12 of the Malawi Electoral Commission Act by appointing a person whom we have plenty of evidence that the person is not apolitical,” said Tambilasi.
He further quoted one of the sentiments made by Mpesi in 2019 through the social media, while Chakwera was a presidential candidate for MCP, where he said, “I will vote and make Lazarus Chakwera president of Malawi tomorrow.”
But Attorney General Thabo Chakaka Nyirenda, presented to the court six arguments and asked the court to dismiss the application with costs.
In his arguments, Nyirenda said DPP as a party lacks sufficient interest within the meaning of Section 52 (2) as interpreted by several case authorities of High Court of Supreme court that for one to have sufficient evidence to challenge a decision of public body, you need to show that you have suffered harm and the harm has been occasioned by a public body.
“In this case, there is no harm that has been suffered by DPP as a political party and if there was any grievance then it should have been made by the candidates that participated in the recruitment process,” said Nyirenda.
He further said the claimant is interfering with the independence of the Commition.
The Attorney General’s arguments were also echoed by lawyer representing Mpesi, Justine Dzonzi.
Meanwhile, Judge Mandala Mambulasa, who is hearing the case has reserved his ruling to a later date.
