Just In: Msunga Finally Pins Down the seesaw; Court Rejects Challenger’s Stay Order; State House Intervenes The resumption of judicial operations in the country following a prolonged industrial action saw the long-outstanding electoral case in Lilongwe City South East Constituency between MCP’s Ulemu Msungama and DPP’s Bentley Namasasu, resurrecting from a logjam. The case reached a deadlock when the Judiciary Support Staff engaged into strike which saw all court cases getting to a stalemate. Msungama and Namasasu are contesting over validity of Parliamentary contest victory announcement in which MEC declared the latter as a winner. The declaration was widely challenged and a court battle ensued in which Msungama challenged the results citing gross irregularities. His earlier application for a re-count was botched following a mysterious fire that gutted MEC warehouses destroying all ballots in the process. As a result, Msungama applied for a re-run of the race in the constituency. He application was yet challenged by a Stay Order which Namasasu obtained from the Court. There was a seesaw of court battle between the two until the courts down tools following an industrial action which was staged by the Judiciary Support Staff in demand of increased salaries. Recently, the judiciary has resumed work, a development that has, apparently, paved chance for aggrieved Msungama to refresh his battle. In the process, the court declared that the re-run must take place in the constituency, a development that prompted Namasasu to seek for a Stay Order through the High Court in Lilongwe aimed at restraining the ruling. But the presiding Judge, Esmy Chombo, has since rejected the Stay Order saying the applicant (Namasasu) doesn’t have valid reasons in his application. The Judge further declared that her earlier decision to allow for a re-run in the constituency still stands. Speaking on behalf of Msungama, Lawyer Emmanuel Chapo, who is representing Msungama in the case, said the High Court’s decision implies that the electoral body (MEC) must continue with rerun in the constituency as the Stay Order application has been nullified. But the State House has, understandably, instructed Lawyer Chancy Gondwe who is representing the ruling DPP’s Namasasu in the case, to challenge the High Court’s decision at the Supreme Court of Appeal.
Posted on: Thu, 15 Jan 2015 02:43:57 +0000
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