Court allows MCP to use clip of Ansah’s Zodiak interview in Malawi poll case

December 2, 2019 Wongani Chiuta - Nyasa Times 42 Comments

The five-member panel of High Court judges sitting as the Constitutional Court in the presidential  elections case on Monday allowed second petitioner’s lead counsel Modecai Msisha to use a video clip of a Zodiak Broadcasting Station (ZBS) interview with Malawi Electoral Commission (MEC) chairperson Jane Ansah to cross-examine chief elections officer Sam Alfandika.

Ansah: Told Zodiak that MEC did not establish the source of Tippex

MEC lawyer Tamanda Chokhoto opposed to the application by Msisha to use the video clip, saying it would have been an attempt to bring in evidence unprocedurally.

“It would have been necessary if the petitioners  would bring in this particular evidence by sworn statements.

“Before the witness would testify they must be informed what they must be faced with at the hearing. We object to the clip being used as the application is not made in compliance with the rules,” Chokhotho said.

But Msisha, who is representing Malawi Congress Party (MCP) presidential hopeful Lazarus Chakwera (second respondent), argued that the issues that necessitate the production of the clip arose during the cross examination.

Charles Mhango one of the lawyers  for first respondent President Peter Mutharika also objected to the use of the video clip.

Judge Dingiswayo Madise on behalf of the panel of judges ruled that the video clip be used during cross-examination.

“The issue that necessitated the clip was raised by the witness himself during the cross examination so we allow the clip,” he said.

The video clip was shown in court where Ansah was being interviewed by Zodiak’s Joab Frank Chakhaza in which she said the electoral body did not establish the source of correctional fluid Tippex used in the tally sheets of results.

Last week Afandika told the court that when MEC discover widespread use of Tippex, it set up a team to investigate.

But the video clip interview played in court, MEC Chairperson Ansah, indicated  that te electoral body did not set up any such team.

Msisha asked Alfandika that according to the MEC chairperson’s version,  no investigation was done on the source of tippex.

But Alfandika insisted that “investigation was done.”

He said: “Looking at the clip, the chairperson is making reference to the period during the determination of the results.”

However, Msisha told Alfandika that the interview was done  after the elections.

During the ZBS interview, Ansah, a judge of the Malawi Supreme Court of Appeal,  spoke on the observation by High Court Judge Charles Mkandawire that MEC did not address concerns raised by MCP)at the time it wished to release the results, when she faulted Mkandawire’s judgement, suggesting that it was premised on inadequate information. This part was not shown on Monday.

UTM Party president Saulos Chilima and Chakwera are seeking nullification of the presidential election results on the basis that there were irregularities, especially the results management system, that they believed compromised the outcome.

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42 replies on “Court allows MCP to use clip of Ansah’s Zodiak interview in Malawi poll case”

  1. Chakufwa chihana mene amabweletsa multi party democracy anatinso wakonzeka kuti magazi ake akhale nsembe yoyendetsela dziko la Malawi just to save the nation Malawi the same like chakwera said not to kill someone but ready to die for the truth. As those fighting for the truth they face threats I blv in this.

  2. The best way Alufandika would have done was, to ask the court, to call Jane Ansah to come to court and explain for herself. This woman is evil!

  3. Pumbwa asosoka tsumba pompano. Agalu okuba awa. Nakhumwa, Dausi, Muli, Chisale, Ben Phiri nonse mulowa kundende chaka chino.Chaponda get ready ukakanda nsabwe pathako.

  5. The Judge has publicly shown his biasness, he would have allowed MEC also to play Audio clip of Chakwera threats on shading blood to form part of evidence also.KKKKKKK that’s my poor man thinking anyway.

    3. That’s pedegu, thinking like pedegu in his pedegulion head. Mukamamva kuti kupusa nde kumene mwachita inu apaku.

  7. MEC is our employee and you are now answering to our MUSIC. Next time we warn any alive Malawian to be around then. Be very careful as you accept positions to a body that conducts election in Malawi as your actions shall be seriously examined and be jailed if need be. I propose we change the NAME because the name MEC now stinks.

  10. “I do not want to commit myself” was Mr Alufandika’s response during an earlier cross-examination session. Now I understand why he was being cautious. There is so much inconsistency in answers or responses from the witnesses of the President and MEC so far. The C.E.O. is a man with an intelligent legal mind. He understands his credibility stands to suffer much damage when ‘statements’ from elsewhere within his MEC / President’s camp end up contradicting other ‘statements’ ensuing from other witnesses or officials from the same camp. No body from the camp seems to be willing to tell the tale of the source of the tippex which was supplied in abundance. The chairperson stated in the Zodiac interview that no investigation was carried out to find the source of the tippex. The MEC Chief Elections Officer, Mr Alufandika on the other hand, is telling the court that as far as he knows, the investigation was done. You are talking of the top two MEC officials here, each giving contradictory statements. How then, tell me, are Malawians supposed to trust the whole MEC set up? Your guess is as good as mine!

    1. It’s perjury lying under Oath. This man trying to be clever he will end up in jail. He is a mastermind of MEC’s falsehoods and forgeries with his cynical smile. As if the whole election process was a joke, mocking the intellect and emotions of Malawians

    2. There is no contradiction here. The difference is the time these facts are presented and has been clarified by the MEC CEO.

  11. Mayiwa ananena poyela kwa atolankhani ku tally centre atapinidwa ndi mafunso kwa atolankhani amvekere mu mandando 147 ife a mec tinawauza ma presiding officer kuti tippex siololedwa moti nafenso ndife odabwa kuti anthu akupaka tippex pazotsatila za zisankho. Ndipo tafufuza ena mwaiwo anamangidwa kkkk koma ansah amaitha ma specks alimaso zake titayela kwa bwana pitala.anamanga ndani za tippex zopangana ngati zinali za chilungamo bwanji osangokhwatcha ndi mzere umodzi ma number akale adzioneka mmalo mobisa ndi tippex yet they are saying the election ws credible n fair mmmm

  13. Apumbwa Inu mulira mpaka 2024. Muzingokonzekera chisankho china. Lazaro kusanjika sudzalowako mpaka infa.
    Nchilima uzakomana ndi anzako anamandwa a UTM amene pano sakugona akukonzeka kuzakuchotsa pa udindo woumila UTM (mark my words)
    Game yatha( Nyau zaonera game patali)

    1. I think you are stupid and ignorant. You cant see nkhani momwe ikuyendera? If you think we are not going to polls next year ukuzinamiza. You are stupid

    3. Kwanu malilo kwathunso kulila nkumodzi mubale sudya zimene akukubelazo aliyense amazisakila yekha pakhomopake boma kuyenda bwino Malawi kusangala

    4. Nkondoyo.
      Pomwe mukukala u really think that Malawians are dumpest of dumps??
      Chenjezo kumajaji nonse ndilakuti ,
      Maumboni onse ochokera kwa Mighty MCP and UTM ndiokwnira kuti chisankho sichinayende pachilungamo ndiye,
      Chakwera
      Chilima ndi
      Bwampini aimirenso anthu asankhenso wapamtima pao osati zofufuta ndimafluid
      Bwampini dikira kuchoka pampando mwaulemu ngati sichocho ndikulumbira kiti Malawi ndi a Malawisadzakhala pamtendere mpaka Aramegedo kubwera.
      Chilungamo chioneke osati umbamva wa Devil Peoples Party
      From 2005 pomwe mbava zinakhazikitsa bungwe la mbavali, a Malawi apedzana ndi zosaona bola UDF
      Nkondoyo muona

  14. To the tippex issue ansah talk the national to the tally centre blantyre that mec didnot supplied tippex and that tippex was not allowed on the election where did tippex came from who supplied tippex and why did they used tippex to erase the original copies their was something behind the tippex to disrespect the rights of the voters i guess it was unfair .Ansah and mec are behind all this scene may you please come right and honest

  17. She has to be held accountable. This country is tired over schooled incompetent officials who are dozing off in their positions and are taking this country to no where

  19. MEC struggling to explain things they were hired to do. Its strange scenario which raises more questions. Did they really know what they were hired to do if they cannot agree on simple thing. Chair says, MEC didn’t do any investigation on source of tippex while Chief Elections Officer say they investigated and found out its TDCs. Same MEC different things happening to the same issue

  20. atazigogoda pa nsana kuti iye wayendetsa bwino chisankho…. atanenetsa kuti anafufuza bwino lonse momwe zinayendela ndipo akuti anayankha madando onse.,

    1. Hehehehehehehehhe,koma yah hiting themselves on the toe while in a boot,i dont know how the boot will be taken off since the toe is swollen already ,,,kikiki pressure in the boot kikikikikiki……

        1. We don’t want 666 in Zambia go in Bible is not except to do this please let Zambia help American to repents about support homosexual we like American to be with God.

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