ConCourt says Malawians have right to understand what happened to their votes: No re-examination for Chakwera’s 5th witness
The Constitutional Court hearing the presidential election nullification petition case has stressed that Malawians have a right to understand what happening to their votes during the May 21 elections hence rejecting “frivolous” application by Malawi Electoral Commission (MEC) to stop the second petitioner Malawi Congress Party (MCP) Information Technology (IT) expert Daudi Suleman from accessing and demonstrating how the electoral body’s system was compromised during the disputed elections.
Zomba-based Judge Redson Kapindu reading a ruling which he was unanimous decision by a panel of five judges which include its chairperson Healey Potani, Dingiswayo Madise, Ivy Kamanga and Mike Tembo, said the court s “at all material times” considered the issue of security of the computer system at MEC.
Kapindu dismissed fears that using the system in the court case would mean MEC spending more on getting fresh licences from its service providers -Microsoft – in future, saying regardless of costs Malawians have a right to understand what happened during the transmission of the results.
The court said expenditure – if needed to renew the licence or purchase new system – was justifiable as there is overwhelming public interest in the elections case.
The judges said the elections case was a matter of national interest that the public would be able to pay for future procurement of new system if need be.
Kapindu said it was, therefore, critical that Malawians hear what happened to their votes amid questions about the credibility of the process.
“The people of Malawi are entitled to know what really happened to the system when it was active,” said the judge.
The court observed that public confidence in future elections hinges on the current matter in court.
“The system is important. It belongs to the people if Malawi and it is crucial for them; it facilitated the determination of the election of their leaders. The proceedings are of national importance,” Kapindu said in the ruling broadcast live on country electronic media.
The case has attracted greater public interest, with scores thronging into the court and potentially millions following proceedings through live radio broadcasts by Times Radio, Zodiak Broadcasting Station, MIJ FM Radio and Malawi Broadcasting Corporation.
Suleiman said in his sworn statement that the MCP IT team discovered anomalies in the MEC database during inspection which they want to demonstrate to the court.
He argues that the MEC system was “deliberately stopped from tracking activities or the records were deleted at the time the information was handed over to MEC,” adding “in either case this was a serious anomaly.”
But MEC filed an application to stop MCP from accessing the electoral body’s system, saying it will compromise the electoral body’s data security.
Bur the court dismissed the application as “frivolous and vexatious”.
Said Judge Kapindu: “All these statements that MEC is making, therefore, only represent an attempt by MEC to have a second run with the court on same issues that were adequately ventilated during arguments on September 17 2019. Therefore, in the final analysis, having carefully considered the issues raised, we have found no satisfactory reason for the discharge of validation of the order on September 2019 in this regards.”
Suleiman with be the sixth and last witness for MCP president Lazarus Chakwera who, alongside his UTM Party counterpart Saulos Chilima, is disputing the election results that declared governing Democratic Progressive Party (DPP) president Peter Mutharika winner.
The fifth witness MCP general secretary Eisenhower Mkaka walked out of the witness box on Tuesday but lawyer Modecai Msisha, Senior Counsel, (for Chakwera), said they would not subject Mkaka to re-examination “in the interest of expediting the trial.”
Mkaka told the Constitutional Court that the presidential winner of the May election was picked by MEC, not voters.
But Attorney General Kalekeni Kaphale, who is representing MEC in his capacity as chief legal adviser to the government, said most of Mkaka’s statements during cross-examination were based on hearsay and not evidence from his own sworn statement.
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THE TWIN RELATIONSHIP BETWEEN MEC AND DPP OUTSIDE THE MEC DATA BASE HAS ALREADY BEEN ESTABLISHED BEYOND REASOBABLE DOUBT, THEREFORE, TO ESTABLISH THE MANIPULATION OF MEC DATA IN FAVOUR OF PETER MUTHALIKA MUST BE VERY STRAIGHT FORWARD.GOING BY MEC LAWYERS OBJECTION TO USE THE DATA, ONE CAN READ BETWEEN THE LINES, THEIR OBVIOUS FEARS THAT SULEIMAN WILL FINISH THEM OFF BY CLOSE OF HIS TESTIMONY.
Chilima na dChakwera sitting close should scare away Mia. Chilima is a certified crook and he is going to dislodge Mia in case of a rerun. At least this boy has now swallowed his pride. He has realised that politics is not for kids as Goodall once said.
Chilima Mutu wakula sopano see him
Ndinkadabwa matama aja a dpp kuntaya Atupele woti akanabweretsera mavoti owinira mwa chilungamo amadalira umbavawu eeetiiii. Good luck
Komadi alomwe ndiopusa kwambili.nchifukwa amakonda kukwatana nthawi zones mmalo mochita chitukuko kkk.Kwa Chonde aka kwa Chinda kokaphunzitsira ana awoo vigololo kkk,
Shame on the MEC lawyers and power to the judges! They have forgotten that one of their laptops went on a mysterious tour from Malawi to Mozambique and back. Did MEC lose any licenses for the software installed on the laptop.
My advice to petitioners is that they request from MEC the laptop/s that went missing for proper examination. MEC claimed that nothing had changed on the laptop/s. Petitioners ought to verify that. In addition, when doing simulations on MEC computers, make sure Remote Acces is turned off or generally avod link services to avoid interference. You will atleast need 3 computers to verify consistency of installations. Besides , examine the so called stolen laptops from software inventory side – date of installations and installed by person.
Have fun!
Let’s say this: Mkaka, through his answers to Kaphale’s questions, pretty well agreed that he (Mkaka) had ZERO evidence that the election results were cooked. He agreed with the defense in all major assertions. Then, you would think that MCP lawyers would be keen to re-examine Mkaka to tease out the evidence in support of their case!
This tactic by MCP is not to save the Court’s time. No. It is to avoid embarrassment, one again, that they are pursuing a political case rather than a truly legal case.
The Court has to take the legal road more seriously; and if it does that the case is dead meat. And both oChakwera and Chilima will inevitably end up as Road kill.
In fact Legal practioners will make more money in the next few years to come if real justice is administered on the election case now. most of the Cadets are on the wrong side of the law. This will definately catch up with them. they have amassed bloody money which they will use to defend themselves through and through. Justice is needed now to create more justice in future.
Justice must come true
Kaphale – Mr Sulemani sir, as an IT expert, can you tell this court whose votes were manipulated.
Sulemani – the LCD and ROM were configured in order to change the LPPD with the HD alligned with GTVV to produce the final sheet where HFBbs is what is observed as rigging.
Kaphale – Am pleading with you to Answer my question sir
Judge Kamanga – The AG there is no need to plead but to answer your question. Answer the question sir
Eeeeee! Mawa ziliko
Kkk
I like this
John Gray, what exactly are you trying to say? this is just nosense
Kodi ukuti chiani nyaniwee???Chibhumuweee!!!Leka leka naweee wapwerera kkk
I wonder if Dr. Chilima is a person to trust in this court case, I am sure is still behind DPP bwana
I equally have suspicions. MCP can’t trust him. I wouldn’t be surprised if he apologised to his father
100 percent. He is there for his boss. Remember 2014
Zina kambu zina leku – a Malawi a nzanga, MCP and Chakwera anakonzekaaaaaaaaaaaaaaaaaaaaa!! Mr Kaphale and Mr Mbeta komanso Tchokhotho wao pambalipa onse fumbi kuti kobooooooooooooooooo kuchoka mkamwaaaaaaaaaaaaaaaaa!! Network loading for judgement continues, now at 99%………………………….!!
Wina ‘athawa’ ndithudi……………………………. kuthawa kwaketu kupita ku msakanena kkkkkkkkkkkkkkkkkkkkk! Pachematu apa amangwetuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu!! Yakogoya kwabasiiiiiiiiiii!
The Truth is! There was a big link between Dpp and Mec officials, that’s why they are trying to join hands to make sure that all must come out clean after the case. But that will not work even how hard they can try. Most of them they are going to prison after this.
Akulu, why were the chilima and chakwela submissions combined? So why would you imagine that MEC and DPP being defendants of the same issue not related? What harm is there?
Wachepa nazo iwee osangokhala chete ngati ulibe chokamba kkkkk.THe Court wants to outshine MCP and it dull witnesses kkk.The judgement is already for DPP,they are just making money for their future and want to make MCP crumble financially kkk.If MCP lawyers have stopped re examining Mkaka ,truly shows they are now financially hit hard kkk.Kuchotsa a Chimwedo anawona kuti a Chimwedno saapeleka ndalama kuchipani koma Mkaka amapeleka kkk
LONG LIVE GUENUINE JUSTICE —-GOD BLESS OUR PANEL OF JUDGES AND THE ENTIRE JUDICIARY —-
Kukaniza evidence why? Be transparent please.
The expert has to prove beyond any reasonable doubt that the the systems records were tampered with in favour of Mutharika and against Chakwera. The law should also be interpreted what the circumstances will be in the event of technical hitches in the system i.e. whether or not manual intervention is not allowed. Otherwise I don’t see any impact on the analysis of the database
I totally agree……the issue is not about simulation of how the MEC system works or worked during the last election. The current matter in court is about irregularities and illigalities and pushing for nullification. The expectation is to provide material evidence before court that the system was tampered and manipulated with and disadvantaged someone and impacted the outcome of the election. Suleiman should have analysed the MEC system since they were given access and tabulated with event logs from the system how the figures were manipulated and quantify them .i.e. from poling centre A if 1000 were the votes for candidate X, at constituency tally centre candidate X votes were changed to 120 and in MEC system it shows 150. This tabulation and matching system would have added more value and provided more material evidence that simulating the system…….I hope this is what we will see Mr Suleiman providing in court and we are all anxiously waiting.
Well said Guarantor, there is sense in what you have said & lets hope for the best
Palibe nkhani yapa kkk,
Eish I have quoted this statement ” The court observed that public confidence in future hinges on the current matter in court” this statement speaks volume let the wise realize that public interest is what is being considered here not tippex kkkk
Hahahaha koma inu mukumazitcha kuti munawina inu (DPP) mulimba koma nanga tawonani akuuzani kale kuti palibe kubisa eni ake amene anakuvotelani aja akufuna kuziwa kuti mbudzi yomwe anayimangilira ija anatenga ndiyani hahahaah ndiye samalani apa zikungowoneselatu kuti Achaponda ndi anzizanu mukwela yamakheta basi kkkkkkk
Daud sulemani vs muhawi chisi(MEC director of ICT). Already they can’t agree on which IT methods to use. Now the problem is where do you put your money? Let’s just recount the ballots. Iam in
Lets hope these judges are not playing with peoples mind.
For you not playing with people’s mind is only if they rule against MEC….lack of objectivity!
Lest hope so
Malawian have got the rright to know what happened to their vote in MEC system eeeeeeshhhhh
Koma kuneko… zitha bwa?
DPP paulendo. Yehova wakana. Mupitilize kuyimba khristu munyimbo pa misonkhano kuti Mulungu akuchitireni chifundo anthu inu a dpp.
hahahaha well, I wonder what the judgement would be after all that. MCP has a strong case and all this evidence presented so far proves it.
Apa nde zayang’ana dazibomu.
Zayang’ana ku dazibomu Kkkkkk instead of re_run court will rule in favor of MCP and declare Dr Lazarus chakwera the winner. Cant wait 🏃♂️
Vuto lake u already have a judgement, ndiye upuwa umenewo. All this nonsense u r talking about will be history. U think judges r stupid, eeeeeee, akukusewerani ngati simukudziwa. There is no way angamuike judge nzawo, Mai Ansah as incompetent, bcz it will also reflect on them. Therefore, mark my words….mulandu uwu a MEC will come out clean and therefore, the elections wud be regarded as free and fair.
You think judges are more Malawians thandi others? Koma iwe ndiwe Bakha eti? Chilungamo chisowe chifukwa cha Jane ansah? Kodi kupusa kumeneku bwanji? By looking how the case is going, you can judge it, not that we are delivering judgement, idiot, let the judges try to cover up your stupid Jane Ansah by siding with her because she is their workmate, I challenge you, this will bring fire in Malawi than ever before, useless.
What if Suleman’s does not show any changed results? Will you still say there is injustice even after giving him a chance to go into MEC computers? Will you be objective and fair to the defendants. My position is let the truth reign and I will support whoever wins this case because it has been rigorously tried.
mkulu musanamize anthu
kaya ndi judge kaya ndi ndani chilungamo chiwoneke basi
bwanji mukuwopa daudi
issue si ya free and fair ayi
koma kodi malamulo a zisankho anatsatidwa
tawonani lero pa 06/11/2019 mec/dpp/macra agwetsa network
nanga akuwopa chiyani