ConCourt gives Mutharika lawyers OK on MEC document: Chakwera’s witness allowed to insert documents, rejects another

The Constitutional Court sitting in Lilongwe has on Monday made several rulings in favour of the second petitioner Lazarus Chakwera and also accepted t an application by first respondent President Peter Mutharika in the ongoing  presidential elections petition case.

Chakwera’s lawyers and senior counsels, Modecai Msisha and Tutus Mvalo interacts outside court-Photo By Lisa Kadango, Mana

President Mutharika lawyers applied to court  to cross-examine one of Chakwera’s witnesses, Richard Chapweteka, on a document in possession of second respondent, Malawi Electoral Commission (MEC) which he referred to.

The five-judge panel heard the applications last week and chair, Justice Healey Potani, making delivering the ruling on Monday  accepted  the request of Mutharika’s lawyers to access the packing list from MEC.

As such, Chapweteka will in the due course be recalled to the witness stand to be cross-examined by one of the lawyers representing the President, Frank Mbeta, on a checklist of electoral materials printed in Dubai, United Arab Emirates.

The Constitution Court  also made its determination on Chakwera’s application to have his two witnesses—Peter Lackson and Anthony Bendulo—insert some documents in their sworn statements and make some changes in the statements.

The Concourt has granted the petition by lawyers for Chakwera to insert documents in the sworn statements of some of their witnesses as it indicated that it is not their to aim to punish parties because of innocent mistakes but rather their aim is to resolve the dispute that is there between parties.

This is opposed to what lawyers for Mutharika were advancing that any change in the statements would mean changing evidence.. They wanted lawyers for Chakwera not to be granted an opportunity to insert documents that were ommitted.

The court says that this case is very complex and it is possible that some documents might be ommitted by mistake.

The judges granted Chakwera’s witness,  Peter Lackson,permission to ammend his sworn statement and also  to insert carbonated tally sheets in view of the  amendments.

In its ruling, the court also has granted Lackson permission to amend his sworn statement in relation to what he was responding to MEC CEO’s Sworn Statement.

But the court rejected  the request by Lackson to amend one paragraph as this was observed to be  not an innocent mistake but attempt to bring in new evidence.

The court has further granted Lackson permission to amend clerical errors in paragraph 15 of his sworn statement and  to amend the introductory paragraph 18 of his Sworn Statement by introducing new statements.

In addition, he can amend some words that he might have used interchangeably;

The court has granted  Lackson permission to amend exhibits as they are already on record.

However, the application for one of Chakwera’s witness  Anthony Bendulo to amend his sworn statements by inserting new paragraphs and insert some documents like Form 60Csand 66Cs was rejected by the court.

The court observed that this was not a mistake but rather trying to bring new evidence.

Bendulo has also not be given permission to rely on documents that were submitted by MECs Hazel Munkhondia.

Chakwera and UTM president Saulos Chilima claim that results for the May 21 2019 presidential election were marred with irregularities and fraud and want them nullified. The two are also seeking a court’s order for a re-run.

MEC declared Mutharika as winner. The electoral petition case started on August 8 2019 and is expected to end by the end of the year with a ruling likely to be early next year.

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Justice Anastasia
Justice Anastasia
1 year ago

Modicai Msiska !The product of Cambridge College of Laws.Anna achepa.akabadwe kasanu.

joseph Banda
joseph Banda
1 year ago

Nkani yake yomwei? Cambridge product what? Read the story

Thats me
Thats me
1 year ago

The court seems to be so afraid of Kaphale. Is he a mafia? The documents Bendulo wanted to insert are not his documents. They are MECs document which MEC used to determine the results of May 21. It is clear that MEC hide documents and the court should not side with the party which is hiding evidence. What we are witnessing here is a miscarrriage of justice.

joseph Banda
joseph Banda
1 year ago
Reply to  Thats me

Do you really understand the court procedures. Why one has been accepted and not the other one? Are you saying Chakwera’s team fear Kamphale. If nothing to contribute just shut up!!

Mulungu
Mulungu
1 year ago

😋Tiwinatu apa, a prophet Bushiri tawonga malangizo anveka ma protest onse sangakhale ma fools

Shonai
1 year ago

Laughable!!Tip ex is legal and normal when it is being used by MCP but abnormal when it’s being used buy others.Moti ngakhale kupusako munthu atafuna kuba angagwiritse ntchito tipex.

M'Malawi
M'Malawi
1 year ago
Reply to  Shonai

Eeetu ee taonera DIPHWIPHWI kuba ndi tippex. That’s why MEC fought tooth and nail to discontinue the case. Amaopa kuti tippex aululika. In fact, i think they used tippex thinking kuti mulandu siungatheke koma tsono nazo izi

Peter
Peter
1 year ago

Ndani aamukwerayo? Kupusa

Mavuto Lupwepwe
Mavuto Lupwepwe
1 year ago

It seems MCP is making their case along the way after seeing Kaphale’s questions. Wasting court’s time

Chakwera
Chakwera
1 year ago

Sure

M'Malawi
M'Malawi
1 year ago

You are not the Concourt Judge to suggest waisting of court’s time

Mana
Mana
1 year ago

Isn’t it ironical that Chakwera is actually using tippex by add some more documents to the statements. If he believed that there is no need to alter official documents, why has his lawyers insisted on inserting more documents which were originally not there. So, what was wrong with monitors using tipped. Kugwa nawo mlandu!

APM
APM
1 year ago
Reply to  Mana

Choka iwe umadziwa chiyani za ku court. Bukutu.

Mwinithako
Mwinithako
1 year ago
Reply to  APM

Iwe ndeumadziwa chiyani .Kugwa nawo mulandi kaya kumeneku kkk.Mana saakunama kkk

Chizamusoka
Chizamusoka
1 year ago
Reply to  Mana

Very ironic indeed that MEC would be refusing the production of its own documents.

Corrupt Khaphale
Corrupt Khaphale
1 year ago
Reply to  Chizamusoka

Ndi mbamva,,,,how can they refuse their own documents to be used in this litigation if they are blameless? Corrupt Kaphale, corrupt MEC.

Hara boy!!! Own chilumba citizen!!! Karonga!!!
Hara boy!!! Own chilumba citizen!!! Karonga!!!
1 year ago

Koma kuli ukweche ku Court!!!!! Any objection by Modecai Msiska gives the court headache and the court adjourns for hours. Ana mwachepa!!!!

Chiswa B
Chiswa B
1 year ago

Siuja amamchimdira mkazi uja ameneyu

John Gray Gufa
John Gray Gufa
1 year ago
Reply to  Chiswa B

Yes, ndi yemweyi

Mwinithako
Mwinithako
1 year ago
Reply to  John Gray Gufa

Ndiyemweyiii kk ankachindidwa ndiNkungula kkk

Masuzygo
Masuzygo
1 year ago
Reply to  Chiswa B

Komanso mayi ako akuchindidwanso ndi andzawo abambo ako if you may wish to know.

John Gray Gufa
John Gray Gufa
1 year ago
Reply to  Masuzygo

Nanga iwe Mai ako akuchindidwa ndi ndani? Wogulitsa agalu. Utiuze ndiwe pumbwa iwe!

M'Malawi
M'Malawi
1 year ago
Reply to  Chiswa B

that’s immaterial- sizikugwirizana!!!

Ana mwachepa
Ana mwachepa
1 year ago
Reply to  Chiswa B

None of ur business whether amamuchindilira mkazi or not. U will know kuti wakonso amakuchindira ukazamugwira wekha. Idiotic comments

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