Chilima lawyers apply to court not to allow MEC IT expert make presentation

November 11, 2019 Owen Khamula - Nyasa Times 77 Comments

Lawyers for UTM Party president Saulos Chilima in the landmark elections case have applied to the Constitutional Court not to allow the Malawi Electoral Commission (MEC) IT director Muhabi Chisi not to make a presentation in the court.

Chilima and UTM lawyer Chikosa Sulungwe at the court challenging results

Attorney General Kalekeni Kaphale wants Chisi to make the presentation in response to the simulation by Malawi Congress Party (MCP) hired IT expert Daudi Suleman.

Chilima, through his lawyer Chikosa Silungwe, argues that Chisi had all the opportunity to file a sworn statement to counter-argue against Suleman’s 65-page affidavit but he opted not to do so.

Silungwe also argues that in its September and November rulings, the court permitted only Daudi Suleman to simulate his presentation.

Meanwhile, the MCP  has also filed its own petition against allowing Chisi to simulate his response.

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77 replies on “Chilima lawyers apply to court not to allow MEC IT expert make presentation”

  2. We are all aware what Kaphale is trying to achieve and court is aware of this. Yesterday Chisi said he was not able to operate the saver. Now we hear of him wanting to make his own simulation. A thing we have not heard before. Judges should not lose direction. We already have evidence on use of tipex

  3. Koma Cadet Munthalika chaka chino aziona, che Dausi mukugona bwanji kumeneko………. , Munthalika ingopangani resign basi zafikapa kumaona pali green card.

  5. Mr Cadets. There is no right to know how ur votes hamdle here! but Malawians wants to know how Mec and Dpp handle their vote. I hope there is stupid guys in these comments that are going to be fool forever like their idiot president Mr. Tippiex.

  6. Whether or not MEC will be allowed to do the simulation is not important to us because cyclone Kaphale has already started hitting Sulemani sworn statement and by the end of today it will be shredded to pieces.
    N’goma yoliritsa sichedwa kusweka, munashaina ndi macomputer anuwo anzanu atenganso macomputer omwewo offline and mboni zanu zili pompo mwayamba kudabwa ma command.

  7. For the sake of justice of our votes court should allow MEC to make their presentation.
    Justice should not be one sided.Malawian want to know the exact thing.

  8. kikiki, mlandu wa malire a munda amakambira ku munda komweko. mlandu wa computa amakambira my komputa momowemo. tiziwa bwanji kuti walowelera malire a mzake ndi ndani ndipo analowerera liti?

  9. Kkkkkk koma ya . izi sayendera kuti awa apereka umboni using gadgets nde ifeso No. Was the application done by meč? No so cadet rest in peace

  10. KAPHALE AND MUHABI CHISI HAVE BEEN CAUGHT SLEEPING ON THE JOB, CONSEL SILUNGWE HAS A POINT, WHERE WERE THESE PEOPLE ALL THIS TIME? JUST CHEWING OUR TAX MONEY?NOW THESE PEOPLE WANT TO BRING EVIDENCE THROUGH THE BACK DOOR WHICH ALL ALONG THEY THEMSELVES HAVE BEEN ARGUING THAT IT IS AGAINST COURT PROCEDURES????????? KUZOLOWELA KUBA BASI!

  12. A picture of Kaphale today showed him with right hand against the wall discussing with friends. The picture tells a story: that of a tired, stressed, frustrated and possibly disappointed individual. The court may allow him to bring Chisiza to do his own demonstrations to counter Sulemani. However, should the request be rejected, Kaphale will go down in history as the never impressed the a panel of judges.

  13. Sulemani matama onse aja kani munamenya online part-time IT course? None of which relates to IT systems audit? And our courts treat you like the only IT expert we have in Malawi? our standards as a country are very low and we seem to be running short of heroes so anything goes

    2. Can you tell the nation what you have contributed to Malawi as a nation. Zikuwoneka ngati mukumwa nawo msuzi wa nyama zokuba.

    3. I slightly disagree with you there. An online qualification with a credible, recognized, and accredited institution is as good as one would get attending classes at a private or public university.

      Unfortunately the mentality that attending classes at a university or college is the only way or the sure way to knowledge is killing us especially here in Malawi. That is why we are still arguing about deserving candidates either languishing at home because they either did not make into university because of either space or financial constraints.

      Our universities should consider offering courses online (for those who have access to good internet connectivity) and of course part-time (could be at night while the resident students are at the library or where-ever they are at after hours – kwa Chikanda, Tholo (in the case of Chanco)) or even correspondence. For example the University of South Africa (UNISA) uses this mode of part-time classes and last time I checked, it was the biggest such university world wide (if not mistaken). And UNISA offers some of the best qualifications – hands down.

      Just to add a bit more check out some of the course-ware from for example: (MIT) – https://ocw.mit.edu, or (Coursera)- http://www.coursera.org or (Udacity) – http://www.udacity.com and the list is endless.

      MIT offers their course-ware at the link above. One can study for free, and pay for the qualification (if one so wishes). The courses are graded at the same level as any of their qualifications in that field.

      Udacity offers what they call their Nano Degree programs and they are the most advanced in their fields e.g.Machine Learning, Self Driving Car technologies etc. The courses are not cheap, but the material is awesome.

      If I may just add: I am, personally, enrolled into a 1 year part-time course in Software Engineering at Wits University and will only be attending classes for 3 hours a week either on Wednesdays or Thursdays. The course gives me entrance requirements into a Masters Degree in Electrical and Software Engineering course Wits University offers. If I were to attend full-time classes I wouldn’t manage because I have a full-time job and family to look after.

      Let us look at alternatives so we can thrive. In short, whether Daudi Suleman did a part-time online course or not, the question should be: is he competent at what he does? In my opinion, yes. Why? Because I am in the same field of work – I have been designing and implementing (coding) mission critical enterprise grade software systems for 16 years now, and whatever Daudi Suleman was pointing out in his presentation really defies the logic of how a well-designed system is meant to work – and I have no doubt the system the MEC acquired was properly designed, owing to the sensitivity of elections (especially in Africa).

      Najumphapo waka.

      1. Thank you for that elaborate write up, I really admire you, please keep on educating us – the old and young. That piece shows that you are educated but you want to drink more and more ink, keep it up!

    4. Baby SKC. IT is a hands on type of course. It’s very possible to do online courses, train and improve overtime and apply your knowledge to the amazement of other gurus who enrolled at some place with another acredited university. Suleman’s knowledge is not shallow. I have an honors in IT from UK myself; I listened to this guy and he really knows the IT stuff.

      1. Thanks Da Rookie for pointing that out (see last paragraph of my comment above). I have also briefly worked with Daudi Suleman the time he was at Nico Technologies. The guy indeed knows his stuff. I came in to help with an integration of our software for a South African based sister company of NICO Properties. Tisanamizane.

    5. Wht makes a difference?mkomwemkomwe he z the best,evn those who went to college kukakhalira konko cant present jst as he did.Kuphunzira sikukakhalira mkalasi konkha,dont think mwa chimidzi ndi chikale!He z the best EVER!Even Law experts have reccomended him,International IT experts has saluted him.Hahahaha!Jealous Down!

    6. Jealousy! This man you call Suleman never used insults. Even if you are very educated or have the IT Degree yourself, the fact is that we do know how you use you skills; Sulemani is and has. Bill Gates and the proprietor of Facebook didn’t finish college work yet even you who pose as an educated man cannot surpass Bill! So shut – the – up! Leave Sule alone!

  14. There is nothing that MCP and UTM are afraid of. You will recal that Anthony Sambo, Lackson Chapweteka4, Bendulo and Suleiman wanted to amplify their evidence but MEC and DPP objected to this that it is not in their sworn in statements and that it’s another way of bringing in new evidence. The court agreed with MEC and DPP and allowed only Suleiman because he had indicated in his sworn in statement that he will do the simulation the rest were rejected. What MEC and DPP were objecting to be done by MCP witnesses they want it now to be done by their witnesses. Isn’t this hypocrisy by Kaphale and Chokhoto? If the court is a court of justice they should throw away this application as they did with Sambo, Bendulo and Chapweteka period.

    1. Hypocrisy! I totally agree! With you. Kaphale has been instructed to use all the tools available The problem is that Judges are aware of Kaphales source of authority and hypocrisy!

  15. Ladies and Gentleman was house of us who are supporting the proposal for Mfiti Chisi to make his own simulation are fools of fools.

    Was it not only less than a week hat MEC and DPP appli d to the same court that simulation was not needed and Suleman should not be allowed? What changed now?

    DPP and MEC have been bamboozled by Suleman and want to copy his simulation and waste time! Kaphale have your own original ideas of convincing the public in this case. What you are now also doing is the same as lkubera mayeso! Do not confuse the judges with your doctored figures

    1. These are legal matters my friend. Sometimes you just apply to set a precedence so that you set your own platform in the future. Chisi will be allowed on the same basis Suleman was allowed

    2. Muhabi means mthakati, mufwiti, indoshi, umuloshi, mlochi, sukuturi, mfiti. Ndiye apa Muhahi akupanga apply kuti azikatambatu

    2. We have a precedent here set by the very same concourt on how to bring an evidence to the court. Justice isn`t supposed to be applied to one side. Chokhotho and Kalekeni vehemently objected to the MCP witnesses to amplify their evidence

  17. Malawians have the right to understand how their votes were handled. The court should reject Silungwe’s application with cost and allow MEC to show how our votes were handled.

    1. Mayazi. Chisi was in front of the computer and carrying out commands although he chickened out later as Suleiman was presenting. If they had anything to say, perhaps they should have objected then. Asatitayitse nthawi apumbwa

    2. Tinzanka, the court has procedures that they follow when dealing with caese. MEC and those in their camp are coming up with this idea of trying to copy Suleman to counter his evidence when its too late. We are talking about a 65 page sworn statement by Suleman with hard facts. Allowing MEC to do that now can only delay the case further and you shouldn’t be surprised if MEC’s proposal is overruled or rather rejected. When MCP openly stated to the court that they were going to include people with expert knowledge in the beginning they should have been ready to face that and prepare their own expert may be 6 months prior to Suleman’s testimony but alas! they never saw it coming.

  19. Suleman is misleading and confusing MCP. Earlier he said MEC announced results for only 3677 centres out of the 5002. Later, he said MEC announced results for only 4846 centres out of the 5002. The figures simply don’t add up. Can somebody who has contact information for AG pass this glaring discrepancy to ask Suleman to clarify.

    1. 4846 sheets were processed by a Ghost user,,,3677 sheets were processed by th RMS at th time Jane announced th results,,,Do not confuse urself sir.

      1. How is that even possible that 4867 were processed by a ghost worker when results were announced at 3677. Now he admits that all 5002 centres were in the system.

      2. Just leave this idiot, he is useless, he doesn’t read before commenting and think before posting. You can see and prove yourself that he doesn’t think. Look how many Patrick Phiris we have on top? That’s the type of a person we have if at all he is.

  20. In my limited knowledge of court procedure in most cases, sworn statements are like study notes given to a student to prepare for a pending exam. It’s up to the student whether or not to make the best of learning and study time before the date of the exam. MEC, Kaphale and Chisi must have had adequate time to study for cross examination having had access to Suleman’s sworn statement. When a student who is flabbergasted by some exam questions in the exam hall, is it possible for him or her to ask the exam invigilator to be given an opportunity to bring in the study notes one more time? How come this time the highly rated Kaphale does not seem to have his cross examination ‘clever and well articulated’ questions ready for Suleiman.? Didn’t Kaphale and MEC lawyers (like Chisi) not have advance access to Suleiman’s sworn statement? If yes, why didn’t Chisi make advance application to be allowed to make his own presentation in response to Suleiman’s sworn statement? Are these possibly calculated delaying tactics?

  21. Akuopa chani a Silungwe let Chisi make his presentation to counter Sulemani’s wild allegation.This is so because Sulemani belittled so much Chisi by insuniating his job so Chisi must be heard to protect his image.

  22. Let MEC also do the same after all Judges are not IT Experts hence needs to hear from other side of the coin. Suleman run the same system which shown that at the time of announcing the results, MEC had only processed 3,700 polling centers out of 5,002. When Kaphale using MEC IT during cross examination the same data base shown that 5,002 poling centres were processed. The difference was coming in due to type of command the two sides were using. All Malawians should be given a chance to know the truth no one sided.

    1. …..Kkkkk and Kalekeni Kapuse was using a wrong command. He gave Suleiman a printed command and used a different soft command which was giving different results. we call that cheating. Wait for tomorrow.

  24. Even Jesus said it clearly that if u want just allow someone who has hit u one side give him the other side as well. Both sides are needed to come open and testify. Without that then it really shows that the 5 judge panel are opposition members. Let Chisi explain!!!!!!

  25. Kodi inuyo akhothi a dakulorani bwanji?? nde winayu mukuti asatero why?? Pakati musaiware kuti mukufuna chilungamo nde musiyeni winayuso achite mbali yake

    1. Because Sulemain asked in his sworn statement, the others didn’t. Richard Chapweteka requested to amplify his statement but he was denied because he hadn’t asked for it. Only Suleiman and Bendulo asked for demontrations/amplifications

  27. Allow him to do so. Zikamupete mu court momwemo. Pano akufuna presentation poti Suleiman waphulitsa Bomba.

  29. The Court has allowed the opposition to present simulation so should MEC otherwise the Court will not be credible in the eyes of the law and to the public at large.

    1. You don’t get it. Bendulo and Daud indicated in their sworn statements that they would want to amplify evidence do it was granted. This MEC request is coming mid way and it can’t be allowed. The same court refused Richard Chapwetekas of mcp from amplifying his evidence because it was not indicated at the beginning

    1. Eti eti! Akuopa chiani? Let him also present his case as an expert. Zokuba basi. Simulation ndiye kuti changing? Musiyeni nzanu naenso to make his case kaya..

      1. Justice would mean the other two MCP guys who were denied should also be allowed to amplify, if MEC is allowed to simulate

  31. I thought we said Malawians aught to know the truth of what happened to their votes. Let us also hear the theories from the other side and decide who has the sober truth. We have heard Suleman’s theories. Lets hear from the other side also.

    1. Then Jane Ansah and APM (as respondents) should come to court for cross-examination too by Silungwe and Modicai Fair game!!!
      Kaphale should just cross-examine Sulemana, period!!! If he is ICT-challenged ndi zane izo.

    1. You will have noticed that even for the petitioners they don’t present evidence or witnesses anyhow. There is a process that is followed, otherwise that evidence is thrown out. This is what Silungwe is arguing against: Why didn’t Muhabi Chisi present a sworn statement at the correct time?

      On a different note, of all the inane questions the AG has asked so far, the one on the absence of a security guard not automatically translating to a theft takes the cake. Everyone knows that security in a computer system is a must. It may still be breached, BUT you are supposed to have it, as strong as possible. The AG is essentially a one horse trick: He dwells too much on the presence of laws or systems when in fact in real life people are always breaching laws or systems…

  40. UTM and MCP, ameneyo ndiye fodya. Inu mwapanga present zanu, and this time, youhave been changing your statements, why are you afraid amzanu kuti apelekere umboni wawo ? Mukuwopa chani ?

  41. What are you afraid of ???? By the time you will realise that Suleiman and Bendulo have swindled you nobody will feel sorry for you because they will be nowhere to be seen.

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