Chilima, Chakwera failed to prove rigging: MEC submissions in Malawi poll case
Malawi Electoral Commission (MEC) has given its defence submissions in the historic presidential elections petition case with Attorney General Kalekeni Kaphale stating that there was no skulduggery or unscrupulous conduct by the electoral body to subvert the will of the people in the May 21 polls.
Kaphale, who is representing MEC as Chief Legal Adviser for government, submits that the electoral body did not compromise any of the candidates’ right to be elected and that the polls not marred by serious irregularities or rigged in favour of President Peter Mutharika – the first respondent.
MEC is the second respondent in the case while UTM Party president Saulos Chilima is the first petitioner and Malawi Congress Party (MCP) president Lazarus Chakwera is the second petitioner.
Chilima and Chakwera are seeking nullification of the elections on the basis of irregularities in the results management system.
But in their submissions, MEC lawyers who include Tamando Chokhotho argue that Chilima and Chakwera failed to substantiate the claims outlines in their petitions.
MEC argues that the evidence tendered by Chilima and Chakwera and not objective to prove rigging.
“Our position and our submission is that there must be presented before the court, evidence pointing towards the existence of a sham election which is a substantial departure from the law on how an election must be conducted, only then should an election result be nullified.
“That is how sanctified the vote or election result is when conducted in a manner that does not resemble a departure from constitutional or statutory mandate. Our further submission is that there is no such evidence,” reads the submission by Attorney General split into two, one with 174 pages and another with 18 pages.
Kaphale insist in the submissions that MEC never played around with any candidate valid votes, stating if this had happened, evidence would have been presented to party monitors and they would have brought it to court.
MEC submits that the petitioners have not reached the threshold of proof of balance of probabilities to prove their case.
Kaphale prayed that the court should dismiss the petition for rerun for lacking merit, stressing it is an attempt to undermine the will of the people.
The five-judge panel comprising Ivy Kamanga, Healey Potani, Redson Kapindu, Mike Tembo and Dingiswayo Madise are expected to hear the oral submissions this week and thereafter have about 45 days to deliver its verdict.
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Uyu silawyer koma mbava lawyer iziimila Chilungamo chifukwa ngati pali malamulo ndiye tizitsata pongwiritsa ndikonda malamulo a Mulungu.Chifukwa chani mu khoti mumapezeka Baibulo?Ndiye lawyer kumapezeka akuphwanyanso malamulo a Mulungu.Usaimilire umboni wabodza 🔥🔥🔥🔥🔥🔥🔥samalani ndi ndalama zikuchotsesani ulemu kuyaluka nazo ntchito zinazi zimakupangitsa kumazipna ngati ndiwe wanzeru koma ulibe uphunga wa Mulungu.
Change your tittle please , as its not reflecting to the content
What other prof do these stupid mec wants we all heard from all sides the part Mec took to mess up the election .You will never ever be trusted by Malawians anymore. If we could vote again today I wouldn’t accept standing on the queue knowing that you will choose the leader according to your will.
MCP, UTM, DPP all these parties somehow rigged votes numbers for the benefit of their wagon. What we have here is a big rigger and potential riggers.. Botton line, the irregularities cited were not enough to influence the con’court as strong evidence. The petitioners lacked basis in their case subject matter.. lost one.
The commenting is reflective of political affiliation. So please shut your mouths and wait for the court verdict. Your commenting is as good as just saying I am for DPP, MCP or UTM respectively.
Apo nadi,,, i don’t think its necessary to comment when you already know that you are a die hard of MCP, DPP and UTM. Kukhala chete is better
Amasuta awa
If your head functions, you are bound to comment. If you are dull, you shut your mouth because you are not analytical.
Hahahaha which analysis. Comments full of cursing and hatred u call them analytical. Don’t be shallow.
Those were well planned irregularities aimed for rigging
Kaphale is a dumb lawyer. Any diversion from the PPE Act constitutes an infraction on the law and it is thus judiciable. It does not matter the size or magnitude of the infraction an infraction will remain an infraction. Those who crafted our constitution did that so that we are guided always by these laws in whatever we do. So to suggest the infraction is negligible and should not warrant a penalty is thus setting a wrong precedence an a serious affront on our constitution. Why have the constitution if we are not going to follow it? Kaphale’s defence is trite and very unsound.
Inuso Nyau zinakupwetekani bwanji??
A Jenala osakamba zopasula dziko
Koma kuchotsa fumbi Tiana ndi Ufisi ndiye zosapweteka, Gondolosi kikkkkkkk!
Kalekeni Kaphale is still insisting on the same logging which the court rebuffled him. By now he could have known that the could refused his plea of saying there was no rigging. i don’t think a normal judge who is not corrupt can dispute that the evidence which were shown in court guarantee fresh elections. MEC and DPP have failed to find the logic of how to defend the case and thus why now they still insist on the same things which the judges threw away. This clearly shows that the opposition have won this case coz the respondents arguments are baseless. Trust me
After court determination, and if it goes in favour of MCP and UTM the honourable thing for Kaphale to do is to resign. I see no reason why he should continue to be AG with his poor judgement of understanding the case at hand. He should not have been a lead lawyer for MEC considering his position. He is now compromised. Isn’t this the same Kaphale who did not want this case to be heard? Did he not even appeal to the supreme court? Isn’t this the same Kaphale who was obstructing petitioners from bringing evidence. He almost blocked Jane Ansah’s audio clip from being played in court.
kaphale wanyere ndikusetera lezara lakucheka kobibila basi usova
Kutukwana ayi
I think the DPP’s lawyer are fighting a losing battle. It must also be known to the constitutional judges that the public are also the jury in this case and their judgement shouldn’t be taken lightly. What I liked with the UTM and MCP is that they were able to prove their case that the elections were rigged where it affected more than 1 million votes. They took us on a journey how those figures were calculated. For example; altering figures with Tippex which is a violation of the election rules, unsigned polling results by other political parties monitors to verify that the results on the sheet reflect the will of the people at that particular voting station, DPP agents signing on other results sheets on behalf of other political parties. Evidence was represented to the court where DPP agents signing on multiple results sheets, meaning one person verifying multiply polling station results where he/she was only to verify one. DPP did not behave like a political party but behaved like a MEC, and the MEC allowed this rigging to go on. Suleman simulation is not paradox but exactly what happened. If the MEC was an impartial referee why did they hide other evidence and brought duplicates instead of originals? Lets say Suleman’s evidence is thrown out what about the other evidence which demonstrated that rigging took place?
thats your opinion
@kawoneni mu dictionary tanthauzo la opinion or kusiyana kwa opinion ndi fact/ reality.
Chinthu chowoneka ndi maso, chogwilika ndi manja (e.g. altered tally sheets, fake/ duplicate copies, tippex) kupezeka osati dela limodzi, boma limodzi koma dziko lonse la Malawi. Imeneyo si opinion, kapena hearsay ndi zenizeni. Nenaniko fundo zina anthu akupatsenikoni ulemu pilizi
Asiyeni adzafa imfa yowawa
you did not understand
Understand things boss. Is it an opinion or it is what the petitioners’ witnesses brought before the court which you and me have also heard them praying to the court? is it not the the same evidence Alfandika and MEC have failed to quash it throughout the court hearing?
ok bwana, lets continue discussing, nanga tose tizikhala ndi ma views amodzi basi? ayi, tikhoza kumapasana ma false hopes. Its not all areas the Petitioners did well, in other areas they failed badly, the same as the respondent also failed badly in other areas, and vice versa. Lets not put the case as if the Petitioners have already won.
Kaphale’s argument about evidence from monitors is very stupid, silly and brainless. It’s as silly as saying just because the guard did not see a thief enter the house, there is no theft! My foot!! Who said irregularities can only be proved by monitors. Mediocre thinking!!!!
kikikikik inuso ndi Mbuzi , how can you say Monitors are not important in this issue? You are a complete brainless Person. And i think you be a big MCP Idiot. Kuvina nyau basi
Iwe Jenala ndiye mbuzi yeniyeni. Zimene ma monitors anasayina Mec ndi a pumbwa DPP anazibisa. Mpakana pano no original documents from Mec ndiye ukuti chiyani. Zinthu zimasinthidwa kunyumba ma monitors atapita kale.. agalu inu
Ntchewe iwe, ku Lilongwe MP wina wa MCP ananyamula ma Ballot kukawelengera ku nyumba, si umbuzi umene tikunenawu???
Mr. Jenala you dont understand issue, I am sorry!
No, its not a question of understanding issues here ( NO), its a straight forward thing, MONITORS WERE NEEDED AT THIS CASE, ( why??) , they have the first hand information.
Some times if it is at all worth it, when you see people much opposing you, it is good to stop and think why are they just opposing you, don’t be stupid as if you are the only one here, useless Jenala
kikkikik
kkkkkk there is no percentage of irregularities in the laws governing elections and surely AG is putting his job at risk because you can lie before the court of law look Makwete how he lied and now he is answering charges of perjury sad dpp utambwali siwabwino la 40 limakwana ndiye lakwana moyipatu.
May you read again on irregularities in reference to electoral law
Just go back and sell ma Units basi
Petition based on suspicion and greed should be thrown out with k240m costs that’s k120m per petitioner. These elections were credible, free and fair and mec should be commended. Za rerun pano ayi
Ukupweteketsani u cadet. Mumva pain simunati nthawi ikubwera
Azakuswaniso Pitala pa Re run yanu yomweyo????
Bloody Fool. You are Worse than Any Insane Person
The ball is now in the hands of the judges to decide what to do and say.
Mmalamulo a malawi a chisankho mulibe za re-run
Then there should fresh elections at all levels again( President, MP & Councellors)
Chatheka ichi palibe chake posachedwapa chituwa.
It’s normal; each camp would do anything to outsmart the other. Rarely do you find one side easily accepting wrongdoing until an arbitrator rules.
Let’s wait and see.
Well well mr AG I have some respect for you boss, but I think its high time you know that you are not a judge in this case, if MCP and UTM failed to prove the case that is for the judges to say. These two guys are saying elections were marred with irregularities not being rigged any problems with that? THe question is were the elections done without irregularities? The ans is yes there were plenty of them tipex, duplicates, non signing results sheet, fake log books etc, do these point to rigging 100%. Mr Kaphale give it up and please think of your country first.
But are there Elections done without irregularities?
The definition of irregularity under the act says …Non compliance with the law…
For example when the law says u should not use tippex sheets n u do thats non compliance n u r pernalised for that
The level of irregularities was just too much. Kaphale & his friends have failed to defend this case. Fresh elections are needed. Even the judges know that for sure palibe zachibwana apa
Why are you smiling?
Hahahah this is poor submission by so called Attorney General. He failed to ask Suleman when he did his simulation and he disclosed how MEC rigged the Election
Kaphale reached the extend of asking the Court to consult Chisi their so called IT Expert who also failed to help him.
Our laws governing Election reject any irregularities whether serious or not serious but irregularities are irregularities. No measurement of irregularities are indicated in our law. Nulification is inevitable, ready for rerun .