Chakwera witness takes stand: Chapwetaka’s claims ‘unsubstantiated, says MEC lawyer

The Constitutional Court sitting in Lilongwe continue  hearing testimony from one of the witnesses for Malawi Congress Party (MCP)  presidential hopeful Lazarus Chakwera who has been quizzed why he did not bring any an inventory of electoral records.

One of MEC lawyers Tamanda Chokhotho leaving the court

Chakwera, who is second petitioner in the case, is alongside UTM Party president Saulos Chilima (first petitioner), challenging the re-election of President Peter Mutharika, alleging that the presidential results in May were marred by irregularities and fraud.

In the witness stand, Richard Chapweteka, who was roving monitor for MCP in the May 21 2019 Tripartite Elections, is undergoing cross-examination.

On Tuesday lawyer represent Malawi Electoral Commission (MEC) the second respondent, Tamanda Chokhohto and lawyer Frank Mbeta for Mutharika (first respondent) cross-examined Chapweteka.

Chapweteka, who monitored MEC’s printing of the ballot papers in Dubai in the United Arab Emirates, said in cross-examination that they were given a checklist by MEC after printing and packaging was done.

Lawyer Chokotho  asked Chapweteka how rigging was to be done when they had advised their monitors not to sign for forms filled with false information. In response, the witness demanded that MEC should show them figures appearing on original forms and not duplicates.

Chapweteka  told the court that duplicate forms of results sheets were used in the elections and that the tally sheets used were duplicate.

But Mbeta asked Chapweteka to prove his claim

“This is proved on page 48 of my sworn statement. The counterfeit were handwritten and barcodes did not match with the original copy,” said Chapweteka.

In an interview, lawyer Chokhotho said the MCP witness “lacked some evidence.”

He said: “His evidence related to forms used by MEC in determining the results of the elections.”

“There were also other allegations that monitors were not given results sheets, what we were showing the court is that basically this witness allegations were unsubstantiated.”

Mbeta, who had made Chapweteka to admit that some of the claims he made in his sworn statement in regards to Constitution and the law were his opinion, will finish cross-examining the witness Wednesday.

Chapweteka then will enter into re-examination with Chakwera’s lawyers to re-align his evidence.

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B 1
B 1
2 years ago

From the word go! UTM and MCP were not well prepared, or at least they underestimated the magnitude of the case here are my proof; (1) They never consulted with their monitors who endorsed the very duplicate forms they are busy discrediting. (2) They never assessed properly the extent of tip pex as such Mr Chakwera was taken unaware when he shown the evidence in the face that he himself accepted and took oath for the results that also had tippex. (3) Tippex is a correction fluid, as such it was used to correct figures and this is true considering… Read more »

Tadza
Tadza
2 years ago
Reply to  B 1

U r wrong. MCP n UTM were prepared 1. Monitors signed fake sheets so there was no need to consult them BUT to prove that the sheets were fake n non standard. 2. Chakwera is challenging PRESIDENTIAL ELECTIONS not Parliamentary elections. Remember these were different elections happening the same time. The court has already ruled against this thinking and AG and Mbeta were not allowed to cross examine Chakwera on this. 3. Using tippex is not an ANOMALY. IT IS UNPROCEDURAL. This was against the set rules of managing elections as outlined in the PPE act. I hope you know… Read more »

Kaitano
Kaitano
2 years ago
Reply to  Tadza

He is very wrong and he is a wrong person to have as your friend.

Chilza
Chilza
2 years ago
Reply to  Tadza

If the presidential sheets were tippexed so are parliamentary, then both should be rerun

Mwazidziwa
Mwazidziwa
2 years ago

Kukhala mlhomwe ndi chipsyinjo! You are born in a thieving tribe and you live your life defending stupidity

Kharupa
Kharupa
2 years ago
Reply to  Mwazidziwa

Now this is pure tribalism, you should be ashamed of yourself.

THE BEAST FROM THE EAST
THE BEAST FROM THE EAST
2 years ago

Guys sorry don’t be angry with Nyasa times they know the truth but it’s their time to make money like Frank Mbeta and other who just want to harvest from those fool’s who think they are fooling Malawian

Nabetha
Nabetha
2 years ago

For your information ma cadet, here are some of the issues that were raised yesterday in the court but your dear journalists failed to bring them to your attention…. 1st issue is that of the presiding officers signing the result sheets for more that one polling stations. A presiding officer takes charge of the polling station where he is stationed. He is not by law, allowed to interfere with the administration of other centres. 2nd issue is that of observers being allowed to sign the result sheets that were rejected by MCP and UTM monitors. By law, only the presiding… Read more »

Chilaz
Chilaz
2 years ago
Reply to  Nabetha

Can you tell us the name of the observer who signed and where?? why its coming out now from the courts and was never contested by the monitors in the court that an observer had signed as a presiding officer???

Phiri
Phiri
2 years ago
Reply to  Chilaz

Usova. Go and ask Mbeta.

Likhowa
Likhowa
2 years ago

Ma lawyers apa Malawi zitsilu kobasi. I stopped respecting chanco idalowa mbola.. These people have money are going to kenya or over seas than UNIMA . Luckily enough ku letsa the study’s of law in Malawi by private universities. MALAWI IN 15 years ikhala itatha if we can not find president. All leaders we have look at the appointed due to region and tribes, Not brains. People who behaves like boses. And yet Minister is not supposed to behave like that. He must be a servant. Look we had chimango, funjo mwakikunga , malewezi, some in muluzi cabinet brilliant men… Read more »

Agenda Setting Theory
Agenda Setting Theory
2 years ago

“Lacked some evidence” it means there was some.

SAUNDERS
SAUNDERS
2 years ago

You dont take heresies, opinions, grapevine and facebook opinions to present to Court, many of us are listening to the case and taking notes, but we are finding the MCP witnesses lacking in many ways and its making their Lawyers have tough time to explain. At least that Lady for UTM stood her ground against MEC and the President, a result there are many adjournments which are becoming boring and time wasting. This Case is a waste of money and time and if not carefully handled will cost MCP an opportunity in 2024, in the coming six months MCP must… Read more »

chimanga
2 years ago
Reply to  SAUNDERS

Judge Saunders aka Jane Anshah SC

Osman 2111
Osman 2111
2 years ago
Reply to  chimanga

Bwana Saunders You seem not really understand law. Not all been spoken in the court can defend the case. You really do not follow the trend of the case only if the Judges are biased you will see it yourself that Malawi for the first time will have a second re run of elections and no matter what you say. The world is watching Malawi with very keen interest. For your information Saunders the case is involved with numerous witnesses and the aim is just buying time for someone to be in control prolonged and many countries are even wondering… Read more »

Joloza
2 years ago
Reply to  Osman 2111

Mmmm bwana Osman mulande umagamulidwa based on evidence. Kuyambira pachiyambi a opposition sanapereke umboni ogwirika mukhothi. Komanso mulande Ngati uwu kufulumizitsa chilungamo sichioneka. Mukufuna muwaphunzitse ma judge ntchito bwanji? Asiyeni ma judge agwire ntchito yawo mwaukadaulo wawo osati azichita mmene inuyo mukuganizira.

Heaven Come
Heaven Come
2 years ago
Reply to  Osman 2111

which countries have told you that they are wondering that our case is taking long? They have their own issues why should a country sit all day listening to our court issues instead of running their affairs? Don’t bring your biased opinions. we need facts.

Zawadi
Zawadi
2 years ago
Reply to  SAUNDERS

Have you ever being in court? You cant see that there’s no case here? Fake ballot papers, stray papers, illegal people around polling station distributing money , Tpex was used all against rules and regulations of Malawi electoral commission were not followed ndipo adaphwanyidwa.. Iweyo wekha sungawone even those judges they know that DPP rigged elections. But we need to STOP this completely we justice at any level. Posarengera tribes or regios am alhomwe by tribes koma DPP idalakeitsa adabera plus MEC is stupid organization. They think they are smart those old people in MEC ma deal wopanga azidala these… Read more »

chataika
chataika
2 years ago
Reply to  Zawadi

Kkkkkkk u say dpp rigged and yet witnesses are failing to prove zovuta ndithu pa malawi. APM got 16 votes, chakwera 1247, skc 400 and u claim kuti apm anabera kodi wobera akadapeza 16 votes? Sheeeee chitani manyazi wooooo

Kharupa
Kharupa
2 years ago
Reply to  Zawadi

Knowing and proving are too different things, that is why there is the presumption of “innocent until proven guilty”.

Lego
2 years ago
Reply to  SAUNDERS

You know nothing you cadet apart from being a hands clapper even on stupid things

Mwinithako
Mwinithako
2 years ago

Zonse izi ndichebe kkkk,MCP inali ndima lawyers like achina Lovemore Munlo,osati a Modecai Msiska,a Titus Mvalo.Mumangoti atumbuka nganzeru sizoona ayi koma kukokerana pachina chili chonse.Pantchito pena pali ponse a tumbuka amaonesetsa kuti munthu wamtundu wina sauone mpira ayi koma akahle wakuka Ziwiziwi kapena ku Mphompha or ku Mwabhwarara basi kkk

pitala
pitala
2 years ago
Reply to  Mwinithako

tsono inu ngamtunduwanji? Kudakulibi ngati watumbuka wenewawo kkkk hai shame anyani osekana michila panyapanu nonse onyoza mitundu ya ena😨😨😆😆😅

Nabetha
Nabetha
2 years ago

MEC destroyed all the original results sheets because the figures are different from what are on the duplicates. In order to validate the figures on the duplicates, MEC should first produce the originals and make claims that the figures on the duplicates are a true reflection of what is on the original. I hope this makes sense to all the cadets who just comment without basis. Pa duplicate sitimalembapo ndi cholembera ayi, zomwe zalembedwa pa original document zimangodindidwa pa duplicate. The duplicates in question were handwritten, why?

Malawi
Malawi
2 years ago
Reply to  Nabetha

The simple question to reflect is why signatures are appearing the duplicates had it been that the results were transferred from the originals? And why is it that there is no monitor who claims to have his signature forged?

My understanding in all this I think is to properly train all parties involved. Because here it shows that all parties on the ground lacked seriousness in handling this forms.

James Phiri
James Phiri
2 years ago
Reply to  Malawi

The usage of duplicate sheets is not allowed during the elections. This statement alone forfeits your questions Mr. Malawi. You can ask million questions about signatures not challenged blablabla but the fact remains duplicates are not allowed.

FRED LOCKS
2 years ago

NYASA IS BECOMING BIASED FAVOURING THE DPP CADETS WE ARE LISTENING FOLLOWING THIS COURT CASE WITH KIN INTREST BUT WHAT NYASA IS SAYING ITS DIFFERENT AND THEY DIDNT UPDATE WHAT HAPPENED IN THE MORNING IF NYASE IS DOING THIS WE ARE NOT GOING TO TRUST NYASA AGAIN

Osman 2111
Osman 2111
2 years ago
Reply to  FRED LOCKS

I AM REPEATING THAT NYASA TIMES IS DPP!!!!!!!!!!!!!!!!!!!!

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