Lead Lawyer for the second Petitioner— Dr Lazarus Chakwera, of the Malawi Congress Party (MCP)—in the ongoing high profile presidential election case, Senior Counsel Mordecai Msisha has told the court in his submissions that it should consider declaring the 2nd petitioner as the winner of the disputed election.
In the middle of his oral submissions, Counsel Msisha invoked section 41(3) of the Malawi Constitution which stipulates that “every person shall have the right to an effective remedy by a court of law or tribunal for acts violating the rights and freedoms granted to him or her by this constitution or any other law.” The focus was: “effective remedy.”
Put to him by the court for what effective remedies he would want the court to consider, Msisha told the court a number of possible remedies. He told the court not only to declare the election of APM as null and void, but also should consider declaring Dr. Chakwera the rightful winner of the 2019 elections, that is if the Court is persuaded by evidence to that effect.
The senior Counsel added that if it declares the presidential election null and void, the court should also order that the current Commission be removed and new commission empanelled to run the fresh election.
If the court goes by the prayers of Senior Counsel Msisha, then Dr Lazarus Chakwera and his running mate Sidik Mia in the 2019 election will assume the office of the President and Vice President of the republic of Malawi.
Currently, the second respondent lead Counsel, Attorney General Kalekeni Kaphale, is making oral submissions on behalf of the Malawi Electoral Commission body. After finishing, all parties will be given one hour for replies. That done, Malawi will wait for the judges to come up with a decision in 45 days.