Chakwera finishes testimony, withdraws 2 keys witnesses in Malawi elections case

The historic elections petition case at the Constitutional Court in Lilongwe, Malawi Congress Party (MCP) presidential hopeful Lazarus Chakwera  on Monday completed his testimony on disputed presidential elections which he argues were marked by serious irregularities.

After being cross-examined by first respondents  President Peter Mutharika and Malawi Electoral Commission (MEC) lawyers, Chakwera, who is a second petitioner,  was re-examined by his lead lawyer Modecai Msisha SC,  during which he insisted the  presidential election results were altered, mostly using correction fluid Tippex, saying as international accounting standards that could not accepted.

He was also asked why he had taken an oath for parliamentary seat when he is challenging Mutharika on presidential results, Chakwera said he did not challenge parliamentary elections and did not see any legal pitfalls on his taking up his seat.

Chakwera has since withdrawn two of its key witnesses in the case.

MCP is not maintaining Enock Chizuzu and George Nkhoma,  who were their principal witnesses, subsequently reducing the strength of their case to the ground.

Chakwera has also withdrawn some of his statements that were included in his sworn statement .

He has also withdrawn allegations claiming  that the voter registration exercise was marred with irregularities by saying that there was no enough time for registration.

According to his sworn statement, the MCP president complained that registration for mosquito nets and fertiliser confused voters and divided their attention.

During the previous cross examination by Attoney General Kalekeni Kaphale, Chakwera told the court that tipexed and duplicate forms that were also used in his own constituency where he won as an MP did not in anyway affect the result.

MCP is now only complaining about the result and not activities on the polling day as they alleged earlier and that  claims that there were pre-polling irregularities will be removed in his sworn statement .

The first petitioner in the case,  immediate past vice-president Saulos Chilima,  also withdrew  38 witnesses  but one of lawyers representing Chilima, Chikosa Silungwe, said their case was premised on two pillars; irregularities and fraud.

 

He said having assessed their case, 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.

The petitioners contend that Mutharika “won a fraudulent May 21 2019 Presidential Election” fraught with irregularities, including alleged tampering with election results sheets with Tippex and want the court to nullify the results and order a re-run.

Meanwhile, the court has ordered that all other witness should be cross-examnied no more than  two hours order to ensure that the case is concluded in time.

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