The High Court sitting in Mzuzu has set July 15, 2025 as the day it will make a ruling in the disputed Mzimba Central Constituency primary election case.
The case came for Inter Partes hearing following an application by Trade Minister Vitumbiko Mumba, who is disputing results of the Mzimba Central Constituency primary election.
Wednesday, the claimants cross examined two witnesses, one for the first defendant Gerald Kazembe, who is first deputy secretary general for the Malawi Congress Party (MCP).
The other witness was Adamson Kuseri Mkandawire, who is the witness for the second defendant.
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MCP is the first defendant and Kuseri Mkandawire is the second defendant in the case.
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During cross examination, the claimant’s lawyer, Khumbo Soko, asked Kazembe to read part of the resolutions that were passed on January 10, 2025 by the National Executive Committee (Nec).
Among other things, the committee resolved that the primary election would be conducted using a secret ballot and Soko wondered why, in the Mzimba Central Constituency election, the party used a line-up voting system.
While Kazembe fumbled with answers, he explained, during re-examination, that the party arrived at the decision after being advised by the elections management team, led by Maxwell Thyolera, that there was violence.
“There was violence in Mzimba Central and it was resolved [that we] use that method. We have done this elsewhere, notably Bwanje in Ntcheu [District],” he said.
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Kazembe was also queried to present to the court the Mzimba Central elections report that includes the result sheet, which was missing in the trial bundle.
While indicating that it was not intentional to omit the result sheet in the trial bundle, Kazembe said the document was stolen during the fracas.
On the other hand, Kuseri Mkandawire was asked to shed light on accusations that he interfered in election management by, among other things, helping in the formulation of an electoral collage.
However, he denied the accusation, saying all he did was to help in re-building the party from 2020 by, among other things, strengthening the party’s area committees
Kuseri Mkandawire was also asked to explain how Mumba sponsored the violence, as he alleged in his sworn statements.
“I was told by the party headquarters that the directorate of elections had heard that people from Lilongwe were recruited to disrupt the primary election. The regional committee also told me that some people had been hired from Mzuzu and were given K200,000s to disrupt the elections.
“So, we were told that the party had prepared [for the primary election] by getting about 100 police officers. Days later, we started seeing strange vehicles in the constituency and these people were being welcomed by Mumba’s agents,” he alleged.
Speaking after the court session, lawyer for the second defendant, Justin Dzonzi, said they were happy with the evidence tendered by their witness.
“As [for the] second defendant, we are happy. As far as we are concerned, he told the court what transpired not just by word of mouth but also supported by documents that he was able to produce,” he said.
In his remarks, lawyer for the claimant, Soko, maintained that the primary election that took place on May 11, 2025 was a sham.
“There was no notice that was given to the aspirants to say that ‘we are going to have an election’. Incredibly, as we are seated today, we have no written report that has been produced by Honourable Thyolera that has been produced to the court. So, it begs the question: How did the figures of the results even come in?” Soko said.
In the disputed primaries, MCP declared Mkandawire the winner of the election.
