Mzuzu High Court on Friday adjourned to July 24,2019 a case in which Ralph Mhone of People Party (PP), is challenging Democratic Progressive Party’s (DPP) Symon Vuwa Kaunda’s victory, in the May 21 Tripartite Elections.
Malawi Electoral Commission (MEC) declared Kaunda as Nkhata Bay Central Constituency Member of Parliament, after winning with a narrow three votes.
Mhone rushed to the court to challenge the results claiming there were frauds.
MEC is the first respondent in the case and is represented by William Chibwe, while Kaunda (second respondent), is represented by Leonard Mbulo and the complainant is represented by Wesly Mwafulirwa.
Appearing before Justice, Paul Ligowe on Friday, lawyers from both sides examined Mhone’switness, Maggie Manda who was a People’s Party (PP) monitor at Chisu Polling Centre.
During cross examination Manda told the court that she was surprised that form 66 b, where there is a compilation and amalgamation of all records from streams, had no indication of her name and instead a different person signed on her behalf.
“At start of the polling day, each party was told to give name of a person who was supposed to be signing on various sheets that would be coming.
I am surprised today that my name is not appearing on this form and instead somebody signed,” she told the Court.
The court learnt that indeed Manda did not sign on form 66 b and instead, Stanley Bauki signed on her behalf.
The MEC lawyer, Chibwe, asked Manda if it was possible for someone to sign in the event that one monitor was away, but Manda said all parties agreed that no monitor should leave the place until all the counting and signings are concluded.
“To begin with, I was the only person who PP tasked to be signing on all the sheets and I was physically there all the time and I wonder where and why this other person(Bauki)signed on my behalf,” she said.
Another contentious issue in the course of the hearing was when MEC lawyers questioned another witness, Welman Chirwa (UTM monitor) why there were discrepancies on the form he signed where Vuwa Kaunda is alleged to have got 303 votes.
Chibwe said if what Chirwa was saying is right that Kaunda got 303 votes and not 339 votes thenthe results could not have gone to the tally centre as figures could not be adding up.
“The witness is agreeing that it is true that on the affidavit presented to court marked RJM 2, the total number of valid votes cast at Chisu Centre was 541, where Prince Banda got 4, Gabriel Chirwa 2, Vuwa Kaunda 393, Ralph Mhone 138, Gertrude Mkandawire 1 and Dilla Nyimba got 3.
If this is true, as a monitor why then did you fail to register that as a claim on the same day,” Chibwe queried.
Chirwa said he failed to register the claim because the presiding officer denied him complaint forms.Follow and Subscribe Nyasa TV :