By Burnett Munthali
The High Court sitting in Blantyre has today granted permission to the Democratic Progressive Party (DPP), UTM, and several other individuals to apply for a judicial review of the Malawi Electoral Commission’s (MEC) decision regarding the Smartmatic Election Management System.
The case centers on MEC’s refusal to allow an audit of the Smartmatic system, which is expected to be used for transmitting and determining results in the upcoming September 16 General Elections.
The applicants argued that MEC’s decision not only lacked legal justification but also contravened the principles of transparency and credibility that underpin a free and fair electoral process.
In his ruling, Judge Chimbizgani Kacheche agreed with the concerns raised by the applicants and granted them leave to proceed with the judicial review.
The judge also ordered that the matter be heard with urgency so that a substantive decision can be delivered before polling day.
Among the individuals who joined the DPP and UTM in filing the case are Rumphi East Member of Parliament Kamlepo Kalua, Salima Linthipe parliamentary aspirant Luther Mambala, President of the Pastors’ Fraternal Bishop Chimwemwe Mtuwa, Evangelist Stevie Chimwaza, and activist Jubeck Monjeza.
The court emphasized the need for strict adherence to applicable Civil Procedure rules to ensure the matter is resolved within the limited timeframe before the elections.
Reacting to the court’s decision, UTM Director of Elections Bright Kawaga expressed satisfaction with the outcome and stated that he was optimistic that justice would prevail in favor of electoral transparency.
Efforts to obtain a comment from DPP Director of Elections Dr. Jean Mathanga were unsuccessful as she was unavailable by the time of going to press.
The applicants were represented by prominent Blantyre-based lawyers Felix Tambulasi and Bob Chimkango, who are expected to lead the legal arguments when the matter returns to court.
