'MEC, APM can appeal suspension order dismissal'

Lawyer Charles Mhango with Samuel Tembenu and Ben Phiri

One of the respondents' lawyers Charles Mhango, says although he is okay with the ruling against the suspension of the February 3 judgment, the final word on the matter will have to come from his client President Peter Mutharika.

While stressing that he is not the instructing client and hence could not speak the client’s views, but as a legal team in his assessment they did their best.

The former Attorney General however indicated that the rules prescribe that one can go to a higher court if not satisfied with a lower court’s ruling through a fresh application.

“What the nation should know and everybody should know is that the rules state that if you want to stay or suspend the enforcement of a judgment or a ruling; you initially make the application to the court which granted or rendered the judgment whenever you want to go anywhere beyond that; you have to show evidence that the court which rendered the judgment was approached for a stay or suspension and it has refused” he hinted

Mhango nonetheless expressed his team’s readiness on the Supreme Court’s appeal following submission of grounds and is currently working on skeleton arguments as outlined in the procedures.

Soko
Soko: Duty bearers should be elected in line with the laws of the land

He stated that in the next few days by Friday next week, they should be ready to go with their arguments in terms of the substantive appeal it has filed, and was upbeat they will succeed there.

Welcoming the ruling, UTM’s Khumbo Soko reiterated his earlier stance that the 2019 Tripartite polls were a sham of an election and that the court concurred with this view as evidenced by total disregard of laws.

He underscored the need for office bearers to have been duly elected in line with the laws of the land.

Soko said he gets the impression that the Supreme Court realises that the nation is at a standstill hence the need for certainty on how the country moves forward.

Likongwe
Lawyer Likongwe captured outside court with the UTM & MCP Presidents

Malawi Congress Party’s (MCP)’s lawyer Pempho Likongwe said he is happy that the Constitutional Court threw out the petitioner’s applications restraining enforcement of the judgment after failing to find grounds warranting the suspension.

He noted that the February 3 determination is very detailed and comprehensive and that according to him, justice has prevailed.

Likongwe indicated that the party has read the appeal grounds and that preparations have started in earnest as they are waiting to be served with skeleton arguments from the respondents to the Supreme court so that they effectively respond.

He said while they cannot predict the outcome from the Supreme Court, in his opinion they have very high chances that the 3rd February judgment which was very detailed and well-reasoned will be upheld