Ben Phiri confirms electoral irregularities: Mutharika’s first witness in Malawi poll case

November 15, 2019 Chancy Namadzunda -Nyasa Times 33 Comments

President Peter Mutharika’s first witness Ben Phiri  in the presidential elections nullification petition case underway in the High Court of Malawi sitting as the Constitutional Court in Lilongwe has  confirmed that there were irregularities during the May 21 elections.

Lawyer Tembenu (L) and Minister Ben Phiri

Phiri, the Minister of Local Government and Rural Development who is also governing Democratic Progressive Party (DPP) director of elections, was giving his evidence in the witness stand facing cross examination from Dr Chikosa Silugwe, lawyer for the first petitioner UTM  Party president Dr Saulos Chilima.

The minister said that problems ranged from poor lighting in polling centers to polling officers failing to understand some terminologies in the elections.

He also said that some results were rejected by auditors but Malawi Electoral Commission (MEC) told all parties to let the results be approved so long as they contained signatures of presiding officers.

Questioned further, Phiri confirmed before the panel of five judges that tippex, duplicates  were used and that results were altered.

He also confirmed that throughout his sworn statement, he never indicated that original tally sheet were used during the elections but insisted that original tally sheets were printed in Dubai.

“Pay attention to my question, which is relating to use of original tally sheets for results collection not ballot papers. Do you have any paragraph in your sworn statement that shows that original tally sheets were used in this election?” asked Silugwe.

“No with an explaination,” answered Phiri.

Before Phiri testified, former minister of Justice and Constitutional Affairs Samuel Tembenu, a member of Mutharika’s legal team, laid the case and said the petitioners failed to prove in court that presidential results were manipulated; hence, asked the court to throw away the petition.

But Silungwe argues that their case was premised on two pillars; irregularities and fraud.

He said they were convinced that they have proved that correction fluid Tippex was used, fake documents and duplicates were used and presiding officers, in some instances, did not sign result sheets and log books, which was contrary to the law.

Silugwe has finished cross examining Phiri and Malawi Congress Party (MCP) lawyer Mordecai Msisha is expected to take over.

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33 replies on “Ben Phiri confirms electoral irregularities: Mutharika’s first witness in Malawi poll case”

  1. NKHANI NDI IRREGULARITY NDI ILLIGALITY if you use illegal means to get votes the votes will be nullified because they are illegal.for example if you change results at national tally center without monitors signing those results are null and void understand this.So millions of votes have been affected by illegality here.the case is already over.I bet.

  2. The first past the post election system is not according to Dr. Silungwe. That is what Malawi uses to elect its president.

  3. And results sheet were allowed and though the auditors rejected them as long as they were signed by Presiding officers NOT monitors? What is this? Chamba eti?

  4. Paja Ben Phiri ndi uja anawatchula a DAD kuti ndi a Maliseche a DPP? how can DPP depend on him as a witness he wants mpando wa a DAD kikikikikikikikiki

  6. So according to Dr Silungwe ALL presidential tally sheets used were not originals! God help us.
    All those who are saying Ben Phiri has blundered by admitting the presidential election was marred by irregularities and fraud may have been living in Mars because this has been said countless times and by so many people, last been the previous day Mr Tembenu.
    The issue is whether the irregularities are enough to warrant a rerun. In first past the post elections the one leading can claim victory or be declared a winner if it it becomes obvious that mathematically he/she can not be overtaken. So the whole Dr, who I respect anyway, to try to prove his point that a single vote can sway an election and therefore any single irregularity found is enough for a rerun is pure inconsiderate to me if we take into account our poverty levels. I can bet you with our poverty, mathematically incapacitated teachers and generally illiterate voters come the rerun there will be other irregularities so will go for another rerun? I don’t know!

      2. Lester, Kaitano and you Kipome read the below extract from (Free Access to Law from Malawi).
        “In Fred Nseula v AG & MCP (msca ca no.32 of 1997) the supreme court held that the constitution should be interpreted in a generous and broad fashion as opposed to a strict, legalistic and pendantic one.
        In AG v Dr M. Chipeta (msca no.33 of 1994) the courts were implored to interpret the constitution in a manner that gives force and life to the words used by the legislature and to at all times avoid interpretations that produce absurd consequences. In the words of late Lord Denning the courts should not only avoid absurd consequences but also avoid subjecting the words used in the constitution to destructive analysis”

  9. If you hear the ANSWER YES from these questions, just know kuti the Spirit of God is at work! So what are we waiting for? Ndiye a Tembe amati the Court should throw away the case to avoid these YES YES YES YES YES from the family?

  10. Kkk kkk kkk yah neh Ben Phiri sanakuuzeni Zonena A Pitala Kkkk kkk koma it’s always about the truth so thanks but don’t waste your time please ……😏

  11. The lawyer wanted to put phiris academic qualifications on the spot for people to know the kind of leaders running this country

  12. I think Ben phiri he spoke what he knows! Please let him be. He didn’t have something to say in court its only that he had. I hope Dpp and Mr Tippiex can have picture in thei head for re run

  13. These were the most shameful responses in the cross-examinations because they concurred with election irregularities. I do not know why we should waste so much court time.

    1. Irregularities were there even Jane Ansah accepted this but the bottom line is whether those irregularities would warranty the nullification of results bcoz even Tembenu in his introductory remarks said that even the MEC consititution recognizes irregularities but what matters is what degree do they have over the elections

      1. Do you know why lawyer Chikosa Silungwe brought the issue of first past the post when cross examining Ben Phiri? A candidate can win with a single vote and that single vote is material.

        1. Short sighted. People didn’t notice this….it’s a shame that everyone has become a lawyer now even a cadet kkkkkkk. No wonder Ben Phiri got his PhD from two different institutions

      2. Then rerun should be the way to go, what if the winner was MCP, would you come with this? Za zi. Mumayesa Chakwera akhala ngati John Tembo

      3. If you have a ghost user approving two thirds of the results ndiye nkumati chani? Zili bwino bwino?
        You have fake tally sheets in an election basi zonse zili bwino bwino?
        You have votes missing basi all is okay?
        You have people caught falsifying results and you say kuti zonse zili bwino?
        MEC announcing an approved results and you feel all is okay?

  14. kkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkk koma Ben Phiri anapenga ndi mafunso!!! ndiye kuli bwanji akazakumana ndi SC msisha!!! Just waiting for MEC witnesses kkkkk azapenge ndi mafunso

  17. Alas! Ben Phiri what are you doing in court? You are just messing yourself further and the whole DPP.

  18. Rerun on the way.
    I listened to the cross examination by counsel Dr. Sulungwe as he was questioning about Phiri’s academic qualifications, Mbeta stood to object tht the qualifications have nothing to do with the case….he really forgot tht he was the same who also questioned Suleiman on the same…..DPP paulendo.

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