Ben Phiri’s narrative is that DPP did not rig Malawi polls: Admits electoral flaws
Ben Malunga Phiri, a key witness to President Peter Mutharika, who is first respondent in the presidential election case, approach in which he admitted electoral flaws in May 21 elections, followed the pattern set by lawyer Sam Tembenu on Thursday when he told the court in his brief statement that despite some immaterial irregularities, Mutharika won the presidency fair and square.
During cross-examination by first petitioner Saulos Chilima’s lawyer, Chikosa Silungwe, Phiri acknowledged that the May 21 elections were marred by challenges that included officers filling in inappropriate boxes of the tally sheets because of failure to understand some terminologies.
While accepting that there were a few issues that would have done better but these mishaps does not warrant nullification of results and a call for fresh elections.
“Many tally sheets were rejected because they were manually amended. Later, Malawi Electoral Commission (MEC) provided us [DPP] with an official letter allowing us to approve any manual amendment on the tally sheet and forms used at constituency centre,”said Phiri.
Mutharika’s key witness confirmed that white correctional fluid tippex was used, duplicate tally sheets were used, things that were already confirmed by the MEC chair Jane Ansah prior to announcements of results and MEC lawyers during cross examination.
On request by Silungwe, the court also played a video clip of MEC chairperson Ansah recorded during one of the press briefings at the National Tally Centre in Blantyre.
In the video clip, the MEC chairperson responded to a question about who distributed Tippex. Ansah explained that various parties had complained about the use of the correction fluid, but she explained that MEC did not provide the stuff.
Said Ansah: “The … use of Tippex has not left out any district in this country—from Chitipa to Nsanje, Salima to Mchinji. And there is no particular party which we can say is the culprit because all political parties are coming forward with complaints about it.”
Silungwe used the audit report as the basis of his questions, issues like use of tippex, duplicate sheets and some results that auditors quried but were signed by party representatives.
Mutharika’s first witness insisted that Tippex was used correctly.
Ben Phiri, who is also Minister of Local Government and Rural Development, is expected to be cross-examined by lawyers for the second petitioner Lazarus Chakwera when the court reconvenes on November 25.
Follow and Subscribe Nyasa TV :
Kulemba kwa kadeti uku!
ngati munthu amene anagwilitsa ntchito kondomu court limati mimba ndiyanu nanga izi zoti munthu akuvomera kuti tinabadi koma sikuti zinasokoneza court litiponji?? Nyimbo ya matafale TINGOTI PHEEEEE TIONE
Irregularities are found in any election in the world. Even American elections that put trump in the Whitehouse had irregularities. There are allegations that Russia interfered in the elections so that Trump could win. Those allegations are being investigated. If that can happen in America, what about Malawi? I am yet to see an election without irregularities.
Shame indeed!
What pple are forgetting is not how many irregularities but were there any irregularities in the May polls?
Ben Phiri is sharp, indeed there were irregularities just like all prior elections, but such irregularities won’t result into a re-run.
So who Riggs s
If indeed Phiri acted on legal advise from Tembenu I am sorry it was bad advise. This means Phiri has to quantify the irregularities in order to prove that the irregularities did not affect the results of the election. At first the need quality was for the MCP and UTM. But if Phiri says yes the irregularities were there but did not affect the result then he must demonstrate the basis of his theory baring in mind that Suleman demonstrated the depth of his theory. Apparently Phiri inspite of accepting
and listings the irregularities he didn’t prove the triviality of these irregularities. I hope that his lawyer will tackle these points during friendly questioning.
Daft. It’s for the petitioner to indeed quantify and prove that it negatively affected them kkk
we need pitala to come and simulate how his votes were tampered with in central region –please !! Otherwise this dude will come back with yet another
(SONG )
God is great, its not easy a thief to come and reveal the scrt b4 the audience that he is responsible. Lt us wait for judgement the days are already numbered
Those who provided tippex must be arrested
Even to a layperson the circumstantial evidence of irregularities in past elections are just so consistently consistent to be just coincidental. Ben’s admission of irregularities sounds like that of a guilty convicted criminal who is making efforts to convince the jurors, pleading for leniency (lesser sentence).
In this particular case he’s obviously trying to fool Concourt Judges that the irregularities that occurred were trivial and not worth nullification of results. This is exactly typical behavior of conmen or serial offenders. But like most DPP royalists he is not as smart, his lies are all over his face, including his FAKE certificates
A ghost user in the RMS is a small irregularity?
i totally agree with this understanding. Those were the main points i got from the cross examination and i believe that’s what judges will consider more than Jerusalem. After all, noone in this world can run an election without irregularities. The likes of tipex have been used unofficially in the past elections. Final question should be how much did the irregularities affect the outcome of the case??
A true and genuine analyser will always write or speak like this.
Hahaha. Now people accepting that there are irregularities……How many are needed to nullify an election?
remember that this whole case does not just dwell on usage of tippex. All evidence inclusive of the undisputable serious flaws of the MEC system are what might call for nullification of the results and perhaps a rerun thereafter.
People are failing to com’ment.Jelous in Malawi is destroying the country.All parties had the same problems,and not because someone one won then he turns to be an enemy.The whole MEC cannot be fools.Every election just like everywhere do meet some challenges on which to improve in future.Here there is nothing warranting nullfication.
I thought that’s what the opposition are saying to avoid being a leader who is coming from this kind election, let’s do it again, you think you can fool all of us? Zachamba basi
That’s your useless opinion
Had it been that server was ok then what you are saying could been justified. What about tampered figures in the server
Yes all MEC are or were fools because they made the same mistake everywhere on the same form, can you not notice the stupidity here?
Precisely, we have seen challenges in both USA and Indian elections so it’s nothing new. That’s why the elections act even mentions them and only at what point they require nullification
Can you tell us at what point can election can be nullified? Dude
The fact that people misbehave in US or India does not mean Malawians too must misbehave. In anycase the rigging in US doesn’t involve tempering with vote numbers. It’s more complicated and involves hypnotizing the voter mind through fear creation camp spying and fake news bombardment. Obviously you are too innocent to understand these things. You get your information from drinking clubs.
@Shona
DPP royalists attempts to trivialise such widespread and consistent irregularities (countrywide-Chitipa to Nsanje, Salima to Mchinji) as mere flimsy and not substantial not worth nullification of results smacks typical arrogance of people who contemptuously believe they can get away with almost anything. In fact a shear act of contempt to the judiciary in Malawi (dangling a carrot for the Concourt) to fool their integrity. Even if the substantial evidence may still being worked on, circumstantial evidence is overwhelmingly so consistent for someone just to say “there were irregularities so what.”
We know how stupid you can be Mr Animal Tembenu. It’s only fool can call you a Lawyer for me you are just animal as you are.
Are you a plant, fungus, virus, bacteria or another animal you nthumbidwa? Of course DPP did not rig the elections. While Arafat or fake accent ex-reverend Nyolonyo Yona Chakwera and Arafat Hamdani were not people’s choices, you cannot attribute the last to anyone. Wamva you fool????
Very bad mouth if Tembenu is animal and then we call you a Monster????
This nyasa times is giving wrong naration, I listen the whole case and I doubt there authentecity, they look like it is a mouth piece of DPP
We,, with who? Can’t you see that Tembenu is just an Elephant, he don’t think properly, your Bubu president said the same of throwing the case, did it happen? I mean the whole DPP and their Wife MEC wanted this case not to continue, did it work? Even you too you sound like an animal from this direction. Bwanji kugona mopotoka kwakupwetekani.
And we call you a fungus.