Last week, MCP protested against the commission’s decision to conduct a by-election and not a re-run.
The Supreme Court of Appeal on March 6 this year ordered MEC to conduct a re-run of the disputed parliamentary election after MCP candidate Ulemu Msungama challenged the results which had favoured Democratic Progressive Party (DPP) aspirant Bentley Namasasu.
But MEC Publicist Sangwani Mwafulirwa said on Monday the commission had a full understanding of the Malawi Supreme Court of Appeal judgment that ordered the re-run of the May 20 2014 parliamentary race in the area and the law that was used to litigate over the matter; hence, its resolution to hold a by-election.
Mwafulirwa said the electoral body’s decision for fresh polls was based on Section 100 (4) of the Parliamentary and Presidential Elections (PPE) Act which calls for such a situation where the court nullifies an election.
wafulirwa further said the court’s judgment gave the electoral body mandate to decide on how to conduct the re-run.
Reacting to MEC’s insistence yesterday, MCP publicist Eisenhower Mkaka said it would be unfortunate if the electoral body proceeded with its decision because a re-run and a by-election were “diametrically different.mbc