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ConCourt Friends Differ Asking for Upheld Constitution

Friends of court in the historic presidential election case Thursday morning made their oral submissions, with a call for to the constitutional court to make its determination based on whether all electoral laws were adhered to in the May 21 polls.

The Malawi Law Society and Women Lawyers Association were each given an hour to make their respective neutral positions as friends of the court.

First was Alick Msowoya, from MLS  who stressed on the need for the five judge panel to uphold rights of voters and candidates  in the general election.

The point by Msowoya however drew attention of the judges as time and again they sought clarification if the rights of the two supersede each other.

Msowoya however stood his ground that both rights are provided for in section 40 of the constitution and that they should not be undermined.

Women Lawyers Association (WLA) also took their one hour turn of oral submissions.

Dr Bernadette Malunga  who represented the association in her submissions  said  determination by the court should consider if Malawi Electoral commission executed its duties within the constitutional bounds.
Dr Malunga told the court that in the polls, a higher percentage of voters, pegged at 54 percent were women hence their expression of interest to join the case.
"The court is quite aware of the laws that guide MEC and it up to it to determine whether the elections were free and fair or not using those laws as the bench mark," says Malunga.
In her concluding remarks, Malunga suggested the need for change of some electoral laws to allow all electoral complaints to be dealt with properly before a president elect is announced by the electoral. commission.
All parties are expected to finish their oral submissions by Friday December 20,2019. .
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