The judgement delivered on the 21st of February in Lilongwe High on the case of Peter Bvalani and Jessie Kabwila vs Electoral Commission and others is telling.
In rejecting the application by Kabwila for nullification of the MP results, Judge Mkandawire states – “I am aware that the Constitutional Court is at the level of the High Court and therefore its decisions are not binding on me.”
If the Constitutional court is at the level of a High Court, and the decisions are not binding on a sitting judge, as Mkandawire says, why must the decision be binding to the law-makers in parliament?
History has no blank pages. The DPP will go down in history as a party that defended the constitution, while MCP tried to rape it.