Kuyokwa and 183 others petition High Court to declare all MPs deemed as not duly elected

Maravi Express

Frank Kuyokwa and 183 others have taken Malawi Electoral Commission (MEC) to the High Court demanding all Members of Parliament elected during the May 2019 tripartite elections be deemed not to have been duly elected.

The application also demands that all seats of the Legislators in the Malawi Parliament be declared vacant and that the fresh presidential elections ordered to be conducted by the High Court of Malawi sitting as a Constitutional Court be conducted concurrently with elections for the MPs.

The High Court application done on April 2, 2020, says “MEC should be declared to have grossly managed the May 2019 tripartite elections such that any election results declared by MEC be deemed to have been null and void ab initio”.

The petitioners also as the High Court “that the President of the Republic of Malawi having not assented to the Electoral Laws Amendment Bills, the current Constitutional laws relating to the conduct of elections require the defendant to administer presidential elections concurrently with Local Government elections and the elections to the National Assembly”.

The petition has been filed for the applicants by Kawelo Lawyers in the Lilongwe High Court as Civil Cause number 2 of 2020 before Justice Chinangwa citing in the matter of Sections 12 (1); 15 (2); 20 (1); 40; 41 (3); 46 (2) (a); 67; 80 and 147 (5) of the Reublic of Malawi Constitution.

It has also cited in the matter of Order 19, Rule 13 and Order 19 rule 27 of the Courts (High Court) Civil Procedure) Rules 2017.

The Court orders that “all parties concerned attend the Judge in Open Court on the 27th day of April 2020 at 8:40 o’clock forenoon on hearing of the application by the Claimants for declaratory orders”.