Malawi Law Society (MLS) and Women Lawyers Association (WLA), who were admitted to the Tripartite Elections case as Amicus Curiae—friends of the court—have been allowed to continue being part of the case after filing required documents.
High Court Registrar, Agnes Patemba, said the two sides had complied with provisions of the court in respect to filing of amicus briefs.
MLS and the women’s body were given up to Monday, August 12 2019, to file the briefs or risk being struck-off from the case.
“They have filed the required documents in respect to the law. The role of amicus is to advise on issues of the law. As such, they do not side with any of the sides— petitioners and respondents— but rather give a neutral position,” she said.
Patemba said the two bodies are part of the panel whose submissions would be used when the court makes a determination on the tripartite elections case.
MLS and WLA delayed to file the amicus briefs as they had not yet been given documents by parties involved in the case for them to have a look.
An amicus curiae educates the court on points of law that are in doubt, gathers or organises information and raises awareness about some aspects of the case that the court might otherwise miss.
The tripartite elections case has Saulos Chilima as first petitioner and Lazarus Chakwera as the second petitioner while Arthur Peter Mutharika is the first respondent and Malawi Electoral Commission the second respondent
The High Court, sitting as a Constitutional Court in Lilongwe, continues to hear the case today in which the petitioners are challenging the May 21 tripartite elections results.