October 26, 2021

DPP Starts Uphill Presidential Election Case Battle

Judge Sylvester Kalembera , chairing a-five panel of court judges to sit as a Constitutional court hearing the Presidential Election Case, has disclosed that the case will be heard on 29th and 30th September, 2021 depending on the Integrated Financial Management Information Service [IFMIS] to release resources for other judges coming from outside Blantyre.

The IFMIS is facing challenges in processing payments and salaries which resulted into President Dr. Lazarus McCarthy Chakwera and his Vice, Dr. Saulosi Klaus Chilima’s visit to the Capital Hill to appreciate the same challenge after receiving reports that public servants are failing to receive their July and August, 2021 salaries in time. The DPP has started hearing the case on an uphill battle as the Attorney General, Hon. Thabo Chakaka-Nyirenda wants the case to be dismissed before the hearing starts on the dates set citing irregularities saying the DPP was supposed to challenge the decision in the Supreme Court of Appeal and this should have been made by the presidential candidate of the party, former President Professor Peter Mutharika. Chakaka Nyirenda reminded DPP lawyers that in the Presidential Election Petition Case of 2019, Dr. Chakwera [MCP] and Dr. Chilima [UTM] were Claimant, their parties were not Claimant and this should have been the same with the case the court will be hearing saying the DPP created the irregularities deliberately of the two Mec Commissioners, Dr. Jean Mathanga and Ms. Linda Kunje arguing that the court cannot be in a business of hearing the irregularities.

Will DPP court case be another reason for unrest in the country

According to DPP lawyer, Charles Mhango, the Party will parade three witnesses in court, Dr. Jean Mathanga, Ms. Linda Kunje and Mr. Francis Mphepo, the Administrative Secretary of the Party, however, it was discovered that the DPP presented to the court faulty documents signed by Burton Mhango instead of Charles Mhango, the DPP lawyer. Judge Kalembera warned the DPP lawyer not to do this again presenting a document bearing a different signature, the DPP lawyer applied to amend the document which the court granted it but this was argued by Attorney General, Hon. Chakaka Nyirenda who asked the court not to accept the documents saying forgery is a criminal offence. A Law Professor based in Cape Town, Republic of South Africa, Danwood Chirwa writing on his Face book page already warned the DPP that they will face an uphill battle to convince the court on the irregularities saying by the end of this case, the DPP will run Bankrupt.

By Vincent Gunde

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