ConCourt reserves ruling on gadget use evidence in Malawi elections case

Lead judge in the ongoing landmark presidential election case at the Constitutional Court in Lilongwe was forced at last minute to reserve a ruling on whether a Malawi Congress Party (MCP) president Lazarus Chakwera’s witness can use gadgets in the court to amplify his evidence.

Potani was about to hand down the ruling as to whether IT expert Daudi Sulemani could use the gadgets, including a laptop when the Attorney General Kalekeni Kaphale stood up and said Malawi Electoral Commission (MEC) lawyer Tamanda Chokhotho wanted to submit arguments in response to the arguments put forward by MCP lawyers.

President Peter Mutharika and MEC lawyers applied to the court last week to set aside the court’s earlier ruling to allow the use of the gadgets in the courts.

On Monday, the MCP withdrew the party’s director of youth Richard Chimwendo Banda as a sixth witness in the case.

Lead lawyer for the MCP Mordecai Msiska said this was done because the evidence which Chimwendo Banda was supposed to give was already given by the party secretary general Eisenhower Mkaka.

Msiska also said this would speed up the hearing of the case as Malawians are anxious to have it concluded as soon as possible.

Meanwhile, Msisha, downplayed Mec’s fears that the use of a gadget would compromise the security of Mec’s system.

“We have responded using the IT expertise that we have from Suleman to show that he will not acquire any knowledge about their system which could be used to compromise its security. He already has a database which Mec provided and he will use that,” he said.

The court   continued on Tuesday  when lawyer Frank Mbeta for  President Mutharika, who is second respondent in the case, cross-examined Mkaka.