Malawi Electoral Commission (Mec) wants the Constitutional Court to stop Malawi Congress Party (MCP) witness Daudi Suleman from using electronic gadgets when testifying in court during the elections case in Lilongwe.
The court, on September 18 2019, allowed Suleman to use electronic gadgets in his presentation of how the alleged rigging of the May 21 election was conducted.
A sworn statement in support of the application by Mec’s Muhabi Chisi says, among other things, the move is aimed at ensuring that the commission’s servers remain secure.
“I, therefore, humbly pray for an order discharging the order of the 18th September 2019 to the extent that the 2nd respondent [Mec] should not be compelled to produce its servers and gadgets so that the second petitioner’s witness may create a simulation using his own gadgets or in their alternative I pray that the order would be varied so that the second respondents’ servers and system remain secure and uncompromised,” the statement reads.
Making the application for Suleman to use the electronic devices and Mec’s servers in testimony, MCP claimed that it had evidence which would better be followed and understood by the judges if Suleman were to use the devices.
The court had granted MCP the application further ordering Mec to give MCP access to the devices the party would need.
Commentators taking their time on the social media are questioning Mec’s move saying the court had already made its position on the issue but Attorney General Kalekeni Kaphale who is representing Mec declined to comment on the application saying it is self-explanatory.
“Read the application and you will see all grounds for the application,” he said.
MCP is expected to respond to the application before the court makes a ruling.
MCP president Lazarus Chakwera and UTM’s president Saulos Chilima are contesting the elections’ results.
Mec declared Democratic Progressive Party’s Peter Mutharika winner of the polls.