The Supreme Court of Appeal on Thursday dismissed an application by the Malawi Electoral Commission (MEC) to vary the Constitutional Court order to allow the commission extend the period for fresh presidential election.
MEC filed an application on the ground that the country is experiencing an outbreak of COVID-19 pandemic.
Delivering the ruling in Lilongwe, Chief Justice Andrew Nyirenda said MEC’s submissions in the case are similar to those which the Commission filed in an appeal case.
The Court has since ordered MEC to pay all the costs incurred in the case.
One of the Malawi Congress Party (MCP) lawyers, Pempho Likongwe, said MEC will be forced to conduct fresh presidential polls in 150 days as directed by Constitutional Court.
Likongwe said: “Now it’s up to MEC to comply and program its activities so that within the 150 days we have fresh presidential elections.”
According the lawyer the court threw out the application without even listening to oral submissions, saying MEC did not bring any new arguments to the court
The ruling translates that the election will still be conducted within the 150 days as directed by the Constitutional Court on February 3, 2020.