The five-judge High Court panel sitting as a Constitutional Court in Blantyre has declined to agree with the lawyers representing the opposition Democratic Progressive Party (DPP) in the presidential petition nullification case that Attorney General Thabo Chakaka Nyirenda did not qualify to represent government because he did not take an oath of office.
Justice Thomson Ligowe said the examination of the Constitution by the court showed that the framers of the Constitution never intended that the Attorney General should take an oath before taking office.
The court said the Constitution expressly stated which officers are supposed to take an oath of office and they include the President and Vice President, Cabinet ministers, Members of Parliament and judges and magistrates.
Ligowe proceeded to dismiss the DPP’s argument, arguing the Attorney General properly took office and the oath was not a requirement, making him acceptable into this case.
The Attorney General wants the case dismissed at this stage while the DPP wants the case to be heard to allow them convince the court to nullify the June 23 2020 presidential election. The court will shortly rule on this.