High Court reserves ruling on stay order

The High Court in Lilongwe is yet to make a decision on Malawi Electoral Commission (MEC) submission to lift a stay order granted to the opposition Malawi Congress Party (MCP).

MCP obtained a stay order on Saturday restraining the Malawi Electoral Commission (MEC) from announcing results of the May 21, 2019 presidential election.

According to the stay order, MCP is asking for a recount of presidential ballot papers from 10 districts due to irregularities.

Speaking to YFM after a closed court session, MEC lawyer David Banda said the court will make a decision within a reasonable time.

“We will have to wait for the court to make a decision whether the stay order will be set aside or not that’s when we can see what course of action the commission should take.

“Meanwhile the hands of the commission are still tied because the stay order is still in force up until the court makes a decision to set it aside,” Banda said.

The Malawi Law Society (MLS) has joined the case as friends of court.

MLS Secretary Martha Kaukonde said her institution was an independent party in the matter and its duty was to guide what the law provides but not taking any sides.

“The submissions that we made can be for other side or for the applicants but we are just brining in what the law provides.

“Because the submissions were long and detailed and the court has to consider everything that has been submitted by the parties and make a very reasoned decision,” Kaukonde said.

She described the mood among the concerned parties in session inside the court as “very good”.

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