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

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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Nomaniianiland
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Nomaniianiland

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.

Nabanda
Guest

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!

masoambeta
Guest
masoambeta

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

Flavour
Guest

amayi awa phuma ngati si a judge.Kulankhula zambiri osaziwa kuti ziwasata patsogolo

chataika
Guest
chataika

Achimwene inu mwalankhulapo zochuluka bwanji zomwe sizinakutsateni. Ndi moyo uwu wawa

pedegu
Guest
pedegu

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.

Mark
Guest
Mark

True , you are foolish and stupid. The said clip is nothing to do with evidence

Citizen
Guest
Citizen

@ pedegu

Yours is by all means indeed poor man’s thinking.

MALABADA SALABADA
Guest
MALABADA SALABADA

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

MA D7 MA D6
Guest

it’s quite unfortunate that up to this point
in time jezebel ansah is still leading a normal lifestyle —

Makape
Guest
Makape

not for too long my friend, she and many others will be locked up soon

Not with good intentions
Guest
Not with good intentions

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.

PROF. ARTHUR PETER MUTHARIKA
Guest

MUTU WA PITALA SUKUGWIRA ATAAA

GAME YAGONA

Kaitano
Guest
Kaitano

Koma ziliko

Chiga
Guest
Chiga

“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… Read more »

Fake Petros
Guest
Fake Petros

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

John Gray Gufa
Guest
John Gray Gufa

Who was jailed due to perjury in Malawi?

FBI
Guest
FBI

very interested to know

Guarantor
Guest
Guarantor

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