ConCourt rebuffs MEC over use of original tally sheets in Malawi elections case

Malawi Electoral Commission (MEC) has suffered yet another blow in the Constitutional Court when a five-member judge panel refused to allow the pollster lawyers use original tally sheets during the cross re-examination of MEC chief executive officer Sam Alufandika.

Chokhotho:  Court said no to ‘trial ambush’

Justice Dingiswayo Madise said allowing lawyer Tamando Chokotho use the original electoral documents would be unfair and tantamount to what he said trial ambush.

MEC was expected to file in the court the documents before hearing on the case began and refused to hand over the documents after Malawi Congress Party (MCP) and UTM lawyers demanded them.

Earlier, Alufandika told the court that despite complaints which were raised prior to the announcement of the results, the commission went ahead to announce President Peter Mutharika as winner because the opposition did not provide any contrary results.

In the Constitutional Court case, presidential candidates in the May 21 Tripartite Elections Saulos Chilima of UTM Party and Lazarus Chakwera of Malawi Congress Party (MCP) are jointly asking the court to nullify the presidential poll results. They are the first and second petitioners, respectively.

The two dragged MEC to court after the electoral body declared President Peter Mutharika of Democratic Progressive Party (DPP)the winner in the elections. They allege that the poll results were fraught with irregularities and that the electoral process was mismanaged by MEC. By virtue of the law. Mutharika was added to the case as the first respondent, while MEC is the second respondent.

The Judiciary says the Constitutional Court may deliver the much-awaited judgement on the disputed May 21 presidential election results within 45 days after completion of trial by 6  December 2019.

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Chizamusoka
Guest
Chizamusoka

Pepani Bwana Muthalirenji. There are rules and regulations governing elections. The constitution as well PPEA. If MEC contraverned that it will be for the courts to decide. Whether you can write results of polls pa tiolet paper we will see.

FRED LOCKS
Guest

KUTI PHWAAAAAAAAAAAAAA MUNYELEDWA CHAKA CHAKE NDINO MUMAYESA PHADA OLO MUTAPANGA CHANI SIMUNGAWINE MULANDU UMENEWU

Tango
Guest
Tango

Malawians lets get ready for a rerun. The Elections were rigged and it has be proved. Apumbwa zawavuta

Nabanda
Guest

Using our common sense those they call original copies they are not, those are fake. Their plan is to ambush the trial …. Jane Ansah and company are evil, thank God all their evil plans are failing miserably…

Peter T
Guest
Peter T

We do not need those Original Documents now you had Enough time to provide those stuff before these 5 Hero’s but what you did is to play with them. Please forget it nothing for Mec and DPP in this case.

Chimulirenji
Guest
Chimulirenji

No room for MEC ikakuona litsilo siikata

Muthalirenji
Guest
Muthalirenji

Bodzatu ili a reporter inu. MEC was denied to show the security features during reexamination but will use them in submissions. I also listened to Alufandika’s reexamination and was impressed by his responses. I am now fully convinced Peter won fair and square if we use valid vote count. Whether the vote was recorded on toilet tissue or used chibuku beer packet or on k2000 banknote it has same value. Kaphale was right to say the petitioners just want throw sand in DPP’s victory. Yes there were irregularities but the petitioners have miserably failed to show it worked to APM’s… Read more »

Machiavelli
Guest
Machiavelli

Cadet iwe unganene chani. Are you serious changing of results using tippex could not affect the results? What about Suleiman’s evidence that the system was manipulated. Don’t just side for the sake of siding, kumadziwa mtengo komwe ugwele. Ma cadets anzanu anzeru womwe amaona zinthu without bias akuona kuti apa sizili bwino ndipo angokhala phee, osati zomangolubwalubwa. Bola pansoi pa mtima mukudziwa

Muthalirenji
Guest
Muthalirenji

Iweyo wa Yufi I think you are following the case on facebook not live proceedings. Your monitors have form 60s check if any was tipexed. You talk about Suleman who was discredited in court as an “expert witness” due to inadequate professional qualifications/licence. I doubt if the court will place much reliance on his evidence given during his “examination in chief” My friend MEC is a constitutional body just like the Judiciary itself and Parliament so its decisions can’t be overturned just like that. MEC as a constitutional body mandated to administer elections resolved to use those disputed documents because… Read more »

Flames
Guest

The truth is None won elections not even your Muntharika,Chakwera or Chilima. None was supposed to be declared a winner.MEC did not do their homework well.They failed Malawians. They had a winner in their mind and they did a bad job.Let’s face it,nullI fixation of results on the cards.

Ears
Guest
Ears

MEC committed a grave mistake. It must be dissolved.

Mlimba
Guest
Mlimba

Kwavuta Ku Malawi

masoambeta
Guest
masoambeta

Mukhaula anthu okuba inu a satana a DPP. Mumayesa anthu ndi opusa pano mwaonekela poyela. Mubweza zomwe munabazo. Ma plot mukumangila ndalama zokuba aja agulitsidwa. Apumbwa inu.