Law expert faults candidates for condoning electoral fraud:‘Malawi rigging claims vicndicated
The High Court order to have fresh parliamentary election in Lilongwe City South East constituency only substantiate claims of rigging in the May 20 tripartite polls, South Africa based legal commentator Professor Danwood Chirwa said.
The High Court also confirmed the lack of credibility of the polls’ results after establishing that evidence submitted to the court was only ‘ a tip of the iceberg’.
High Court Judge Esmie Chombo nullified the parliamentary election in which the Malawi Electoral Commission declared Democratic Progressive Party (DPP) candidate Bently Namasasu winner by 98 votes against Malawi Congress Party’s (MCP) Ulemu Msungama, who challenged the results.
Justice Chombo said it was difficult to decide who won the election in the constituency because of the unreliability of the documentary evidence as “most of them have cancellations, writing over and wrong additions, and relying on that documents may result in miscarriage of justice”.
“This may be an indication that what has surfaced may only be a tip of the iceberg,” said Chombo Tuesday.
Reacting to the development, Professor Chirwa, based at University of Cape Town, said in comments published in The Nation that “it was confirmation that irregularities in the constituency substantiated the claims of rigging in the May 20 polls”.
According to him, in the absence of petitions on presidential election results by the losing candidates, Malawi would be left to speculate if the irregularities were specific to Lilongwe City South East or they were endemic throughout the country.
“If they were rampant, the affected parties and contestants have done the country a great disservice in condoning electoral fraud. Their inaction means that we will never know the whole truth about the 2014 parliamentary and Presidential polls,” Chirwa said.
He also said this means that the nation may never be in a position to devise appropriate mechanisms for preventing such fraudulent conduct in future.
Chirwa then asked the Commission to investigate elements of criminality surrounding the 2014 polls for possible prosecution.
Meanwhile, Justice Link Justin Dzonzi has advised MEC to carry out quality control checks and recruit competent people in mathematics and sciences apart from teachers, who work as polling staff.
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5 cases about parliamentary elections have gone to court 4 have been dismissed in effect upholding MECs position and declaration on the winner. 1 out of these five cases (this case, the topic of discussion) has resulted in a rerun… I don’t know about the rest of you but I am finding it hard to understand the rationale behind the learned (ahem) professors pronouncement based on 1 out of five cases… however is he claiming the dynamics of a local election (parliamentary election) and what goes on in such elections what ever they might be can be extrapolated to the… Read more »
The fact that dpp is backing mec on the irregularities to a point of burning ballot boxes vindicates those acusing dpp to be the sole benificiary.acuary teachers-mec were promised heaven on earth by dpp thats why 2o+70 was equal to 900.unfortunatly 4 them, now they can’t access their own pay. Musovenge, passport is now 3oo+% high.everything is soon going up. Professor amenewo.! Woyee . Mukuwopa kukayezetsa mukuwopa chani?
Iwe Muliyenda, 2009 elections were highly rigged by swapping presidential ballot boxes by the stupid police! Stuffed boxes with Daniel Phiri’s votes were brought in to replace people’s votes. Ask Wakuda Kamanga, he was in the centre of that. Malawi is a rotten country with zitsiru zokhazokha pretending to be leaders!
Amphawi tidzadzika mpaka kale kale.MEC is a total disgrace,for sure one MEC shall be answerable to the mases and above all to God.Wakupha ndi lupanga azafa ndi lupanga komanso a Malawi ndife anthu atulo we are used to being cheated at all times.Muvi oyang’anira suchedwa kulowa mmaso ngati sitimachitapo kanthu mavuto ngati awa sazatha.Cashgate,votegate,womengate,jobgate,that is what we are!
As a public servant close to power i can say without fear that Maxon Mbendera knew what was happening. He deliberately stopped experienced civil servants from taking part in organising the elections because he knew they could have blocked his scheme. He is now waiting for his prize to be the CJ.
There have never been genuine elections in Malawi. It appears the ‘losers’ after going to courts they later withdraw after milkscones are offered just to the top most and they easily forget the voters…fill up their pockets thats what matters.
Fucken DPP and its poor mbendela
You are asking the MEC, the useless, irresponsible thief to investigate who? How can the junior staff condone or know by how much to do the cancellations if the MEC himself did not have a hand in it? Are you saying his job is just to sit in office, wait for results and announce? No quality control and paper trail of the actual figures? Thats naive man! The MEC tells his people how to do it and by how much, otherwise, how else would you explain the fact that its ALWAYS the DPP who are on the WINNING END of… Read more »
Which MEC can work proffesionally?,all what they know receiving burns from political parties.(1)MEC you have taken Elections as Business not aNational thing that unites Malawians (2)You are at the center cycle of corruption during election time (3) You organisation is full tribalistic and doomed staff (4) Since 1994 only one 2009 election were held leaking free the rest m’mango zazitsa mimba zanu nokha osaganizira anthu ku mudzi.
Mbendera akudziwa izi?