Malawi ex-leader faces legal challenge to presidency bid

Malawi's former president Bakili Muluzi will learn later this month whether he will be allowed to stand again as a candidate in next year's general election, the country's highest court said on Tuesday.

Judge Edward Twea, head of a three-man panel sitting at the Constitutional Court, said he would deliver a ruling on July 25 on a case brought by one of Muluzi's own party supporters arguing that he cannot run for a third term.

Muluzi was recently chosen by the main opposition United Democratic Front (UDF) as its candidate against incumbent President Bingu wa Mutharika in what will be only the fourth general election in the former British colony.

"According to the Malawi constitution, the defendant (Muluzi) is not eligible to stand as a national presidential candidate in the forthcoming general elections," said lawyer Christopher Chimphwanya.

"The ambit of the summons are to seek to move this court to find out if the defendant is illegible to be nominated by the party as the party's presidential candidate," he added.

The case has been brought by a junior functionary in Muluzi's own party called James Phiri who did not appear in court.

Muluzi ruled the impoverished southern African nation from 1994 to 2004 before handing over power to his chosen successor Mutharika.

The former president wrestled power from dictator Kamuzu Banda in 1994, but failed in his bid before the 2004 polls to amend the constitution to allow him to stand for a third term.

Mutharika has been at odds with his one-time mentor since he ditched the UDF to form his own party.

Muluzi did not appear in court, but Kalekeni Kaphale, one of his team of nine lawyers, urged the judges to deliver a swift judgement before Twea announced when the ruling would be made.

"The UDF does not want to wait for nomination day as the party may not have the capacity to appoint an alternative," Kaphale said.

All presidential aspirants will present nomination papers to the country's electoral commission in January, four months before scheduled polling on May 19.

The country's solicitor-general Antony Kamanga, who represented the government as an "interested party" in the case, told the court the issue about Muluzi's candidacy was "premature as we are not yet there."

Muluzi was recently arrested but not charged over claims by the government that he plotted to overthrow Mutharika, helped by a former head of the army.