Taking cognizance that only a few people will access the court room during the Democratic Progressive Party’s appeal case of the fresh presidential election, the High Court — sitting as a Constitutional Court — has granted Times Radio permission to broadcast the hearing live.
A determination from the Constitutional Court headed by Justice Sylvester Kalembera has ruled that from which the live court proceedings “will assist promote the principle of open justice”.
The ruling also looked at the precedence that was set when the courts “previously granted permission to radio stations to broadcast live proceedings in cases of Chilima & Anor v Mutharika & Anor, Constitutional Reference no. 1 of 2019 and Mutharika & Anor v Chilima & Anor, MSCA Constitutional Appeal no.1 of 2020”.
The court order, signed by Registrar Gladys Gondwe, says lawyers for both sides did not object to Times’ application.
The order of live court proceedings as well as sworn statement in support thereof and skeleton arguments has been “taken under s.36 of the Constitution of the Republic of Malawi as read with s.60 of the Courts Act and under the Court’s inherent jurisdiction”.
The case between the DPP against the Attorney General of behalf of the Office of the President has Justices Kalembera, Kamanga, Mtalimanja and Ligowe.