Lawyers for President Peter Mutharika as first respondent in the consolidated elections case have filed their preliminary application for the scheduling conference slated for Friday at the Lilongwe District registry chamber.
In their application dated June 12 Mutharika's lawyers Mbeta and Company want the first respondent Saulos Chilima's petition struck off for being irregular, incompetent and defective.
“Take notice that during the Scheduling Conference of this matter before the Judges of the High Court sitting as a Constitutional Court the 1st Respondent will make the following applications: That the 1st Petitioner’s Election Petition herein be struck out for being irregular, incompetent and incurably defective.
"An order that the 2nd Petitioner has not filed an election petition known to the law within the prescribed seven day period or at all and should therefore be removed as a party. That the 2nd Petitioner’s purported Election Petition filed on 3rd June, 2019 be struck out for being irregular, incompetent, embarrassing and incurably defective,” reads the application.
The court called for the scheduling conference for Saulos Chilima and Lazarus Chakwera as first and second petitioners and Mutharika and Malawi Electoral Commission (MEC) as first and second respondents.
Meanwhile MEC lawyer David Banda has said the commission is yet to come up with what it will be presenting but it is being worked on.
The Malawi Congress Party (MCP) and UTM went to court contesting the results of the May 21 polls where Mutharika was named the winner.
The two parties contested the results separately as MCP called for nullification of results, but Judge Charles Mkandawire consolidated the cases, the Chief Justice later referred it to a Constitutional court.