ConCourt says Malawians have right to understand what happened to their votes: No re-examination for Chakwera’s 5th witness

The Constitutional Court hearing the presidential election nullification petition case has stressed that Malawians have a right to understand what happening to their votes during the May 21 elections hence rejecting “frivolous” application by Malawi Electoral Commission (MEC) to stop the second petitioner Malawi Congress Party (MCP) Information Technology (IT) expert Daudi Suleman from accessing and demonstrating how the electoral body’s system was compromised during the disputed elections.

Chakwera and the first petitioner Saulos Chilima of UTM Party at court

Zomba-based Judge Redson Kapindu reading a ruling which he was unanimous  decision by a panel of five judges which include its chairperson Healey Potani, Dingiswayo Madise, Ivy Kamanga and Mike Tembo, said the court s “at all material times” considered the issue of security of the computer system at MEC.

Kapindu dismissed fears that using the system in the court case would mean MEC spending more on getting fresh licences from its service providers -Microsoft – in future, saying regardless of costs Malawians have a right to understand what happened during the transmission of the results.

The court said expenditure – if needed to renew the licence or purchase new system – was justifiable as there is overwhelming public interest in the elections case.

The judges said the elections case was a matter of national interest that the public would be able to pay for future procurement of new system if need be.

Kapindu said it was, therefore, critical that Malawians hear what happened to their votes amid questions about the credibility of the process.

“The people of Malawi are entitled to know what really happened to the system when it was active,” said the judge.

The court observed that public confidence in future elections hinges on the current matter in court.

“The system is important. It belongs to the people if Malawi and it is crucial for them; it facilitated the determination of the election of their leaders. The proceedings are of national importance,” Kapindu said in the ruling broadcast live on country electronic media.

The case has attracted greater public interest, with scores thronging into the court and potentially millions following proceedings through live radio broadcasts by  Times Radio, Zodiak Broadcasting Station, MIJ FM Radio and Malawi Broadcasting Corporation.

Suleiman said in his sworn statement that the MCP IT team discovered anomalies in the MEC database during inspection which they want to demonstrate to the court.

He argues that the MEC system was “deliberately stopped from tracking activities or the records were deleted at the time the information was handed over to MEC,” adding “in either case this was a serious anomaly.”

But MEC filed an application to stop MCP from accessing the electoral body’s system, saying it will compromise the electoral body’s data security.

Bur the court dismissed the application as “frivolous and vexatious”.

Said Judge Kapindu: “All these statements that MEC is making, therefore, only represent an attempt by MEC to have a second run with the court on same issues that were adequately ventilated during arguments on September 17 2019. Therefore, in the final analysis, having carefully considered the issues raised, we have found no satisfactory reason for the discharge of validation of the order on September 2019 in this regards.”

Suleiman with be the sixth and last witness for MCP president Lazarus Chakwera who, alongside his UTM Party counterpart Saulos Chilima, is disputing the election results that declared governing Democratic Progressive Party (DPP) president Peter Mutharika winner.

The fifth witness MCP general secretary Eisenhower Mkaka walked out of the witness box on Tuesday but lawyer Modecai Msisha, Senior Counsel, (for Chakwera), said they would not subject Mkaka to re-examination “in the interest of expediting the trial.”

Mkaka told the Constitutional Court that the presidential winner of the May election was picked by MEC, not voters.

But Attorney General Kalekeni Kaphale, who is representing MEC in his capacity as chief legal adviser to the government, said most of Mkaka’s statements during cross-examination were based on hearsay and not evidence from his own sworn statement.

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CheChamba
CheChamba
1 year ago

THE TWIN RELATIONSHIP BETWEEN MEC AND DPP OUTSIDE THE MEC DATA BASE HAS ALREADY BEEN ESTABLISHED BEYOND REASOBABLE DOUBT, THEREFORE, TO ESTABLISH THE MANIPULATION OF MEC DATA IN FAVOUR OF PETER MUTHALIKA MUST BE VERY STRAIGHT FORWARD.GOING BY MEC LAWYERS OBJECTION TO USE THE DATA, ONE CAN READ BETWEEN THE LINES, THEIR OBVIOUS FEARS THAT SULEIMAN WILL FINISH THEM OFF BY CLOSE OF HIS TESTIMONY.

tung'ande
tung'ande
1 year ago

Chilima na dChakwera sitting close should scare away Mia. Chilima is a certified crook and he is going to dislodge Mia in case of a rerun. At least this boy has now swallowed his pride. He has realised that politics is not for kids as Goodall once said.

HUU
HUU
1 year ago

Chilima Mutu wakula sopano see him

Mjonanje
Mjonanje
1 year ago

Ndinkadabwa matama aja a dpp kuntaya Atupele woti akanabweretsera mavoti owinira mwa chilungamo amadalira umbavawu eeetiiii. Good luck

Mwinithako
Mwinithako
1 year ago
Reply to  Mjonanje

Komadi alomwe ndiopusa kwambili.nchifukwa amakonda kukwatana nthawi zones mmalo mochita chitukuko kkk.Kwa Chonde aka kwa Chinda kokaphunzitsira ana awoo vigololo kkk,

Tozer tsono
Tozer tsono
1 year ago

Shame on the MEC lawyers and power to the judges! They have forgotten that one of their laptops went on a mysterious tour from Malawi to Mozambique and back. Did MEC lose any licenses for the software installed on the laptop. My advice to petitioners is that they request from MEC the laptop/s that went missing for proper examination. MEC claimed that nothing had changed on the laptop/s. Petitioners ought to verify that. In addition, when doing simulations on MEC computers, make sure Remote Acces is turned off or generally avod link services to avoid interference. You will atleast need… Read more »

Mwananyanian
Mwananyanian
1 year ago

Let’s say this: Mkaka, through his answers to Kaphale’s questions, pretty well agreed that he (Mkaka) had ZERO evidence that the election results were cooked. He agreed with the defense in all major assertions. Then, you would think that MCP lawyers would be keen to re-examine Mkaka to tease out the evidence in support of their case! This tactic by MCP is not to save the Court’s time. No. It is to avoid embarrassment, one again, that they are pursuing a political case rather than a truly legal case. The Court has to take the legal road more seriously; and… Read more »

Justice
Justice
1 year ago

In fact Legal practioners will make more money in the next few years to come if real justice is administered on the election case now. most of the Cadets are on the wrong side of the law. This will definately catch up with them. they have amassed bloody money which they will use to defend themselves through and through. Justice is needed now to create more justice in future.

Robert luhanga
Robert luhanga
1 year ago

Justice must come true

John Gray Gufa
John Gray Gufa
1 year ago

Kaphale – Mr Sulemani sir, as an IT expert, can you tell this court whose votes were manipulated.
Sulemani – the LCD and ROM were configured in order to change the LPPD with the HD alligned with GTVV to produce the final sheet where HFBbs is what is observed as rigging.
Kaphale – Am pleading with you to Answer my question sir
Judge Kamanga – The AG there is no need to plead but to answer your question. Answer the question sir

Eeeeee! Mawa ziliko

Top
Top
1 year ago
Reply to  John Gray Gufa

Kkk

Mangaliso
Mangaliso
1 year ago
Reply to  John Gray Gufa

I like this

Mr Fact Kaviphwisi
Mr Fact Kaviphwisi
1 year ago
Reply to  John Gray Gufa

John Gray, what exactly are you trying to say? this is just nosense

Mwinithako
Mwinithako
1 year ago

Kodi ukuti chiani nyaniwee???Chibhumuweee!!!Leka leka naweee wapwerera kkk

Chikadza Kuwani
Chikadza Kuwani
1 year ago

I wonder if Dr. Chilima is a person to trust in this court case, I am sure is still behind DPP bwana

Test
Test
1 year ago

I equally have suspicions. MCP can’t trust him. I wouldn’t be surprised if he apologised to his father

Bwampini
Bwampini
1 year ago

100 percent. He is there for his boss. Remember 2014

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