Law professor says MEC faces an uphill task to save Malawi poll case

A renowned law professor says pollster, the Malawi Electoral Commission (MEC) faces an uphill task to save the presidential election after its chief executive officer admitted to a litany of irregularities.

South Africa-based professor Danwood Chirwa says having admitted to the litany of irregularities, the entire defense of MEC that these irregularities had been investigated thoroughly and the results vetted is lacking.

“[MEC chief executive officer Sam] Alufandika was expected to provide evidence of such investigations and vetting. By the close of cross examination, he had failed to do this,” says Chirwa on his Facbook account.

Chirwa says if anything, Alufandika had shown that there was no credible vetting or investigation.

He says alarming is the fact that MEC’s chair was not aware of the origin of tippex and this was not investigated before the results were released.

“The theory of the origin of tippex advanced by Alufandika doesn’t make sense and hasn’t been proven. It remains a mere hypothesis,” Chirwa says.

Chirwa says lawyer Mordecai Msisha has methodically triangulated the source of the problem as far as irregularities of the election are concerned and that is Alufandika himself.

He says lawyer Marshal Chilenga had already established that it was Alufandika who personally presented tippexed results, fake results sheets, duplicate copies of results and unsigned forms to the commission.

“Here one must remember that Alufandika believes that he directs the commission. He changed that word when pressed by counsel, but his behavior in the conduct of the post polling process shows that he takes himself as the electoral commission,” says Chirwa.

Chirwa says perhaps the biggest problem MEC now faces is one of the credibility of its star witness, Alufandika.

“Alufandika could not answer questions directly, truthfully and fairly as should be expected from a public officer holding such an important position,” he says.

Chirwa says Alufandika did not back up his answers with appropriate documents from MEC.

“He seems to have run MEC’s case as if this was a private company, suppressed relevant information and cited no documents showing that MEC gave him authority to conduct the case as he has done,” says Chirwa.

The law professor says Alufandika has clearly abused his authority and in the process put the MEC into disrepute.

Saulos Chilima of UTM Party and Lazarus Chakwera of Malawi Congress Party (MCP) are jointly asking the court to nullify the presidential poll results.

The two dragged MEC to court after the electoral body declared President Peter Mutharika of Democratic Progressive Party (DPP)the winner in the elections. They allege that the poll results were fraught with irregularities and that the electoral process was mismanaged by MEC.