Legal Practitioner, Wesley Mwafulirwa of Kawelo Lawyers, has written a letter to Malawi Electoral Commission [MEC] that his client, Hon. Frank Tumpale Mwenefumbo is considering legal action against the announced results which declared Hon. Leonard Mwalwanda as winner for Karonga Central constituency By–Elections.
The Legal Practitioner says the information of MEC database and Mwenefumbo is entitled to this information as a matter of law [Section 37 of the Constitution as well as the Access to Information Act].
They have since warned MEC that should they not receive the said information on or before 4:30 pm on 18th November, 2020, they should proceed with two assumptions: Hon. Leonald Mwalwanda did not register to vote and that MEC is unwilling to give them information their client Mwenefumbo needs to exercise his right under Section 40 of the Constitution as read with Section 15 of the same Constitution.
In the letter with the subject: Re –Complaints of Electoral irregularities for Karonga central constituency By –Elections dated 17th November, 2020 signed by Legal Practitioner, Wesley Mwafulirwa, says the sought for information will determine the course of action to be taken by their client.
The letter says since the electoral disputes are to be filed within very strict timeframes, if they do not get them by the demanded time, they have been instructed to seek the court’s interventions and costs.
The letter says on 13th November 2020, MEC resolved to declare the results of Karonga Central constituency By–Elections despite the numerous complaints by their client, Hon. Frank Mwenefumbo.
…”We have received instructions from our client to seek further and better particulars from your office to furnish our office with evidence that Hon. Leonard Mwalwanda was in fact registered to vote at all anywhere in Malawi as of 2019,’’ reads the letter in part.
The letter is advising MEC that they have information that Hon. Leonard Mwalwanda did not vote in 2019, noting that in MEC letter dated 13th November, 2020, there were no particulars as to where he was registered to vote.
By Vincent Gunde