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Malawi ConCourt dismisses application to suspend poll ruling

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Malawi ConCourt dismisses application to suspend poll ruling

 Malawi ConCourt dismisses application to suspend poll ruling

13th February 2020

By: African News Agency

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The constitutional court of Malawi on Wednesday dismissed applications by the Malawi Electoral Commission (MEC) and president Peter Mutharika to suspend a ruling that nullified the May 2019 presidential elections, Malawi24 reported.

Mutharika and the commission applied for a stay order until an appeal filed by the president was heard by the country's supreme court of appeals (SCA).

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The court also rejected the electoral commission's argument that another election would be costly for the impoverished country.

In his application, Mutharika argued that his constitutional rights would be infringed upon if the appeal to the SCA succeeded and the stay was declined.

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Mutharika also said that he would lose money in campaigning for fresh elections if elections were held and later his appeal was successful.

The court dismissed Mutharika’s argument that there would be chaos if the fresh elections produced a different president and his appeal at the SCA succeeded, since there would be two presidents.

According to the court, it was highly unlikely that the fresh elections would take place before the SCA made its determination. 

The MEC argued that fresh elections would cost K43-billion and this amount would not be recovered if its appeal at the SCA succeeded.

The constitutional court overturned the results that saw Mutharika narrowly re-elected, citing widespread irregularities, and ordered fresh presidential elections within 150 days.

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