ConCourt warns against intimidating witnesses, lawyers in Malawi poll case
The Constitutional Court hearing the landmark presidential election case in Lilongwe has warned party supporters against intimidating court witnesses and lawyers involved in the case.
Lead judge Healey Potani sounded the warning at the start of the hearing of the case on Friday following a complaint from Malawi Congress Party (MCP) presidential hopeful Lazarus Chakwera’s witness Daudi Suleman who told the judges in chambers on Thursday that some people were intimidating his family.
It is alleged some ruling Democratic Progressive Party (DPP) officials were accusing Suleman’s family members of letting their son betray the Lhomwe tribe by testifying against President Peter Mutharika in the case.
Suleman comes from Phalombe.
“The law will deal with all the people involved in the malpractice,” said Potani.
Chakwera’s lead lawyer Modecai Msisha confirmed that the matter was discussed in the chamber and that the Attorney General (AG) Kalekeni Kaphale assured the other parties that government will guarantee protection of witnesses.
He said: “The witness has indeed reported that some unidentified people approached his village and delivered some threatening messages. It was on account of him being a witness in court… That is what we discussed.”
Msisha said the AG pledged to use the State machinery to investigate the claim.
Meanwhile, Justice Potani also said there were reports that some people were intimidating lawyers within the corridors of the court, saying this could not be condoned.
President Mutharika’s first witness Ben Phiri told the court on Friday that failure by officers to fully understand some terminologies resulted in the staff filling inappropriate boxes.
Phiri also acknowledged the use of tippex, duplicates and altered result sheets in the May 21 polls.
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My humble advince to MCP lawyers is that they should not listen to Mr Kaphale. If this man was for justice then Mr Diverson Makwete would have faced justice by now. Mr Kaphale is a silent supporter of violence perpertuated by the cadets and no wonder no single cadet has been taken to task to account for crimes committed despite having undisputed evidence of the crimes committed.
The court should have taken a firm stand on intimidation of witnesses in th same way it took a firm stand against intimidation of MEC laywers. In any case witnesses are witnesses of th court and therefore deserve more protection from the court than MEC laywers who are clients of MEC. MEC laywers were not told to report intimidation to our useless, corrupt, clueless, and sick police but rather th court took a firm stand against th behaviour of some MCP officials. Impartiality and consistency are hallmarks of an unadulterated and functional judicial system.
When th court overruled Silungwe on his objection to allow Ben to delete “original and” without giving a tangible explanation, the second time the court asked him about his opinion on th second amendment sort by Ben he deliberately ignored it and wanted to go straight and interact with th witness until he was stopped by 1 of th judges. I believe that this was his way of telling the court that he is not a fan of inconsistence. It is clear that duplicate forms, original forms, tippexed forms are at the heart of this litigation so by deleting those words the witness changed his narrative. He now says everything that was printed in Dubai were original documents! So this was not a trivial change in his sworn in statement.
The other inconsistence is that Bendulo et al were not allowed to demonstrate their evidence because their sworn in statement did not mention anythng abt demonstrating their evidence whereas Suleiman mentioned it but now Chisi who did not mention anythng about it has been allowed! That is not consistency. Putting all parties on equal footing would have entailed allowing MCP witnesses amplify their evidence because MEC disobeyed court order for disclosure. That would have been putting all parties on equal footing.
NKHANi ILI KUKHOTHI SIYAMITUNDU TASIYANI A MALAWI IZI ZIKUFIKITSANI KUTI TIYENI TIYAMBE MALAWI WA TSOPANO OTSUTSA CHONYASA KAYA AKUCHITA NDI WA MTUNDU WAKO CHONYASA NDI CHONYASA BWANJI TRIBALISM.MCP PANO UKUCHITA EMBRANCE ALIYENSE.CHENJERANI NAYO IRI KUMPOTO KUMWERAKO NDI PAKATI TSOPANO.OSATSOGOZA ZA MITUNDU IYAI SULEMANI SI PHALOMBEA KOMA MMALAWI POYAMBA NDIYE NDIZOMWE AKUCHITA.MCP SIDZALIMBANA NDI MTUNDU WA ANTHU AYI.MCHIFUKWA SULEMANI WA KUPHALOMBE ALI MOMMO.NDIYE ZABWINO NGATI INU MUKUTI MUDZIKHALA NOKHANOKHA MUCHIPANI CHANU NDIYE MUUPONDA KUTSOGOLOKU.
Malawi truly democratic.
Proverbs 6:19. “A false witness that speaketh lies, and he that soweth discomfort among brethren”. Suleman you should have known before that it is bad to sow discomfort among your brethren the Lhomwes. Whichever shall fall to your brothers and sisters the Lhomwes, shall also fall to you being the Lhomwe. However if it is true that you are being threatened with deaths, its sad but be assured that your brethren can not kill. Luke 17:3. “Watch yourselves, if your brother sins, rebuke him, if he repents forgive him”. Be quick to reconcile with your brothers.
Zamkutu
Now that it is revealed that Suleman is a Phalombean, will MCP ultras still consider him a hero?
I ask this knowing the favoritism, at the tribal, regional and even personal level deeply rooted in that Party.
Now, apparently, Sulemani would be advised to claim he’s from Mchinji or Dowa or even Nchitsi for MCP to even pay him his ask: They might have not known his exact provenance.
Actually, many at Phalombe and Migowi deny knowing the guy’s background and even family. This is Not to disparage him: they keep asking “Who’s this guy? If he was a distant descendant of Namulhi Hills we would know. At least some members of the long serving-chieftains would know. Is he Fake and promoting a Fake case?” They conclude by demanding “… tell us his TA and his Village, so we can verify!”
Indeed.
I am following. With keen interest.
Sulemani should have first reported the matter to police not to the constitional court.
Mavuto, That is not true every sane person would report to court or Army for his threatened security issues knowing that reporting to police(cadets police) it’s like giving your opponent a gun to kill you when you know you are still strong and can defeat him. This guy Suleiman is intelligent. Bravo Daud
which Police? There is no police in Malawi but dpp
cadets
Which police my bro, Do we have neutral police in Malawi all police behaving like Cadets full of Blue colours, since when you heard police arresting people who are DPP thugs?