The High Court sitting in Blantyre has dismissed Malawi Congress Party (MCP)’s application to join the Jean Mathanga and Linda Kunje case, in which the two are suing the Malawi Electoral Commission (Mec) and the Attorney General for withholding their letters of appointment.
The two Mec commissioners asked the High Court to order the government to give them offer letters and corresponding benefits.
The Tonse Alliance-led administration has not sent the two commissioners letters of appointment on grounds that they were found to be incompetent by the Supreme Court of Appeal in the management of the May 21 2019 presidential election.
MCP lawyer Abison Chitukula has confirmed the development, saying they are weighing options following the ruling.
“You remember that there was a case which was discontinued in which the MCP was challenging the appointment of the two commissioners. We may revive that case or we can appeal this ruling of the court,” he said.
Chitukula said the Mathanga, Kunje versus Malawi Electoral Commission and the Attorney General case is being heard by Justice Jack N’riva but MCP’s application was heard by Registrar of the High Court and Supreme Court of Appeal Gladys Gondwe.
“Ordinarily, we would appeal to the Supreme Court of Appeal but, as I said, we may just revive the case we discontinued,” he said.
Former president Peter Mutharika reappointed the two, dismissing Public Appointments Committee of Parliament’s recommendation that he disciplines them.