The siting High Court in Blantyre on Friday turned down application by Parliamentarian and Cabinet Minister, Ralph Jooma, that the ongoing Parliamentary Elections dispute case for Mangochi Monkey Bay Constituency be thrown out.
Judge hearing the case, MacLean Kamwambe made the ruling on the application when court convened to hear three interlocutory applications from both the petitioner, Gerald Kazembe’s lawyers and the second respondent, Ralph Jooma’s lawyers.
In the rebuffed petition, Lawyer representing the second petitioner, Kamkwasi, wanted the case to be dismissed summarily on the basis, that there were some irregularities in the manner it was commenced.
The learned Judge has therefore ordered the petitioner’s legal counsel to take heed of the observations the court has made and rework the petition so that it aligns the complaints to the mode of commencement applicable.
Kamwambi said, this would help all concerned parties and the court to appreciate the nature of the complaint clearly.
He further said, where need be, an explanation should be made to justify the use of both modes of commencement.
Among his observations, Kamwambe explained that, the nature of issues of complaints that have arisen in an election process will determine whether to commence proceedings under section 100 or 114 of the PPEA.
In the other application, it has been known that lawyers representing the second respondent have rescinded their intention to call the author of exhibits GK11 (a) and (b) in the petition to come to court to be cross-examined.
The third application, which is from the petitioner, moves the court of disclosing under O15 r14 of Civil Procedure Rules.
Under this, counsel for the petitioner, Patrick Maliwa reminded the court that there is a notice on record asking for an order that the Chief Elections Officer for Malawi Electoral Commission (MEC) should come to court to be cross-examined.
Meanwhile, man pressing for justice, Gerald Kazembe has beefed up his team of legal representation by taking aboard two renowned lawyers, Justin Dzonzi and Henry Ngutwe.
The petitioner Gerald Kazembe who contested in the last elections under MCP ticket wants the official results announced by MEC to be nullified amid accusation of many irregularities.