AG asks Concourt to dismiss DPP election nullification case

Nyirenda

The Constitutional Court has waived to continue with the checklist of what will be brought to trial in the case where Democratic Progressive Party is calling for annulment of 2020 fresh elections.

DPP is calling for nullification of the 2020 fresh presidential election on grounds the electoral body's Commissioners were not properly constituted.

The Attorney General Thabo Nyirenda on Tuesday asked the ConCourt to dismiss the case following discovery of discrepancies of signatures in the filed paperwork by the DPP lawyers.

The signatures were found as both the counsels of the State and judges went into proposed amended case paperwork.

Documents served on the panel of five judges showed two pages were signed by Burton Mhango and not Charles Mhango who is lead counsel for DPP.

Mhango Picture by Pemphero Musowa
His brother Burton signed on his name

Nyirenda said the court should expunge the documents signed by Burton Mhango, dismiss the case as it was forgery which is criminal.

Counsel Mhango pointed out there was no criminal charge brought against Burton Mhango or was there any criminal intent proven and called it an irregularity.

He apologized and explained he had rectified the abnormally by filing with the AG and notifying the registrar of the High Court and Supreme Court on the irregularity.

In his ruling in chamber, Judge Sylvester Kalembera said the issue was to be treated as an irregularity and had found it was not fatal to the proceedings.

The judge explained the matter could be cured with the law.

He warned Mhango that being a former AG and distinguished counsel, he should not have allowed the irregularly and it should never happen again.