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: Make submissions to reject rigging theory

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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2 years ago

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.

AMANUEL
AMANUEL
2 years ago

Change your tittle please , as its not reflecting to the content

Baboon
Baboon
2 years ago

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.

josh jackson
josh jackson
2 years ago

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.

Muheni
Muheni
2 years ago

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.

Jenala
Jenala
2 years ago
Reply to  Muheni

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

Chintheche
Chintheche
2 years ago
Reply to  Muheni

Amasuta awa

Amadeus
2 years ago
Reply to  Muheni

If your head functions, you are bound to comment. If you are dull, you shut your mouth because you are not analytical.

Muheni
Muheni
2 years ago
Reply to  Amadeus

Hahahaha which analysis. Comments full of cursing and hatred u call them analytical. Don’t be shallow.

CHIMBENENE NDICHOSA
CHIMBENENE NDICHOSA
2 years ago

Those were well planned irregularities aimed for rigging

Majoti
Majoti
2 years ago

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… Read more »

Jenala
Jenala
2 years ago
Reply to  Majoti

Inuso Nyau zinakupwetekani bwanji??

Mzozodo
Mzozodo
2 years ago
Reply to  Jenala

A Jenala osakamba zopasula dziko

Chintheche
Chintheche
2 years ago
Reply to  Jenala

Koma kuchotsa fumbi Tiana ndi Ufisi ndiye zosapweteka, Gondolosi kikkkkkkk!

manof principles
manof principles
2 years ago

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… Read more »

Destroyer of liars
2 years ago

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… Read more »

mwana mlomwe
mwana mlomwe
2 years ago

kaphale wanyere ndikusetera lezara lakucheka kobibila basi usova

mtete
mtete
2 years ago
Reply to  mwana mlomwe

Kutukwana ayi

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