The High Court has summarily thrown the Application out and told MEC to appeal to the Supreme Court if so wished. The Application was made and heard yesterday (9th April) and the High Court has Summarily dismissed it. MEC grounded it’s arguments on two statutory laws (Sections 11(b) and 53 of Courts Act apart from some case law(s). MEC submitted that Section 11(b) of the Courts Act provides that “Without prejudice to any jurisdiction conferred on it by any other written law the High Court shall have all the jurisdiction and powers, civil or criminal, which belong to and are exercisable by any subordinate court”;MEC further submitted that Section 53 of the above-said Courts Act provides that “a subordinate court may discharge, vary or suspend the operation of any of its judgments or orders to such extent and in such manner as may be prescribed.”In light of the above quoted laws/sections, MEC prayed to the High Court to either suspend or vary the elections because of Covid-19 pandemic. The Court putting its mind to Order 1 Rule 5(5)(c) of the Courts (High Court) (Civil Procedure Rules), 2017 and decided on the pleas Summarily. The Court indicated that the Application (by MEC) was wrongly brought before the Court as the Court is the High Court of Malawi and not a subordinate Court as envisaged under the provisions of Section 53 of the Courts Act under which the Application had purportedly been made. The Court reminded Jane Ansah (who prides herself as the Justice of the Supreme Court) that a subordinate Court under the said Courts Act is clearly defined in section 2 thereof as “any court, subordinate to the High Court”.Further, having regard to Order III Rule 19 of the Supreme Court of Appeal Rules made under the Supreme Court of Appeal Act (Cap 3:01 of the Laws of Malawi) which provides for the Control of proceedings by the Supreme Court of Appeal during pendency of appeal, the Court MEC that: “After an appeal has been entered and until it has been finally disposed of, the Court shall be seized of the whole of the proceedings as between the parties thereto, and except as may be otherwise provided in this Order, every application therein shall be made to the Court and not to the Court below”; MEC should have known, therefore, especially because it is headed by a Supreme Court Judge, that jurisdiction to entertain this application lies with the Malawi Supreme Court of Appeal and not the High Court. But, it appears, Jane Ansah doesn’t know or at least she is entirely in a business of taking chances and wasting the Court’s time.