Chakwera outlines irregularities ‘not fraud’ in Malawi presidential election case

Malawi Congress Party (MCP) presidential hopeful Lazarus Chakwera, who is asking the Constitutional Court to nullify presidential results in the May 21 Tripartite Elections, on Thurday morning outlined his case to challenge presidential election results in May that handed a narrow victory to President Peter Mutharika.

Chakwera through his lawyer, Mordecai Msisha senior counsel, told the court that elections were replete with a lot of irregularities and illegalities.

The MCP president Chakwera is the second petitioner and UTM Party president Saulos Chilima the first petitioner concluded presenting his case.

President Peter Mutharika of Democratic Progressive Party (DPP), in his capacity as the declared winner, is the first respondent with Malawi Electoral Commission (MEC) as the second petitioner.

Chakwera contends that Mutharika “won a fraudulent election” fraught with irregularities, including alleged stuffing of ballot papers with pre-marked ballots, tampering with election results sheets through correction fluid and being found in possession of  result sheets at home.

After Msisha, Senior Counsel, made opening remarks to outline the basis of the petitions highliting issues of Constitution and legalities,  Chakwera entred the witness box

To be  cross-examined by Attorney General Kalekeni Kaphale who bombarded him with questions to discredit the tendered evidence.

Kaphale first asked Chakwera about his educational qualifications which he disclosed his credentials degree obtained from University of Malawi including Masters Degree in Theology and a PhD from a university  in US.

Chakwera, who came second in the presidential race, was asked to confirm that in his petition he is  not alleging electoral fraud.

“We have used other words,” said Chakwera. “We are talking about irregularities.”

Kaphale asked Chakwera if he knows that barcodes on results sheets are not provided for in the  Presidential and Parliamentray Eelctiosn Act  (PPEA) in which Chakwera said  “they were necessary.”

He pressed further, are they [Barcodes] prescribed under the  PPEA or not:?

MCP presidential hopeful said: “No.”

“Would there be any disobedience in the  PPEA if no barcode was not put on the [results] form?” asked Kaphale which Chakwera’s lawyer Msisha objected to the line of questioning, saying it was legal technical matter.

Kaphale moving on asked Chakwera  to admit that what affects the results is voter data.

“Yes if the processes have been correct,” said Chakwera.

Chakwera and Chilimaa are challenging results of the presidential election which MEC Chairperson Jane Ansah declared was won by Mutharika. The results indicated that Chakwera was second and Chilima third.

The case is being heard by a panel of five High Court judges comprising Healey Potani, Mike Tembo, Dingiswayo Madise, Redson Kapindu and Ivy Kamanga.