Court allows MCP witness new document in Malawi poll case: Source to remain shielded

October 18, 2019 Chancy Namadzunda -Nyasa Times 29 Comments

The Constitutional Court in Lilongwe has allowed witness for Malawi Congress Party (MCP) presidential hopeful Lazarus Chakwera, Richard Chapweteka, to file new document on electoral materials packing list from printer in Dubai.

Chakwera’s lawyers and senior counsels, Modecai Msisha and Tutus Mvalo interacts outside court-Photo By Lisa Kadango, Mana

Friday morning, MCP lead counsel Mordecai Msisha applied before a panel of five-judges hearing the May 21 Tripartite Elections case presidential results that Chapweteka received documents from an anonymous  “well wisher” which he intended to file so that it should be used during his cross examination.

Msisha said the document has original information that will support Chapweteka in court.

However, Democratic Progressive Party (DPP) President Peter Mutharika’s lawyer challenged the application citing that time for filling fresh documents was over.

Private practicing lawyer Tamando Chokotho, who is representing Malawi Electoral Commission (MEC), also argued against the filing of the document, saying it is already filed under the sworn statement of their witness, Samuel Alfandika.

“So it will be irrelevant for the second petitioner to apply to file the same document which is already before this court,” he said.

Chokotho further asked for the disclosure of the said ‘well wisher’ who sent the document.

It its ruling, the court said the witness is entitled to introduce the documents which he believes is the original packing list.

“The court is convinced that there is need for witness to file this document,” said Justice Mike Tembo on behalf of the panel.

On the identity of the well wisher, the court also upheld MCP’s stand to have the identity of the well wisher hidden.

“We hold the view that the sworn statement in support reveal that the source of the said document is a well wisher who sought strict confidentiality. It is courts views that ordinarily this would not suffice for purposes of identification. However, we are mindful that we have ea duty to ensure these proceedings are dealt with justly in view of overriding objective of CPR 2019 order 1 rule 5,” said the judge.

“Considering the peculiar circumstances and sensitivity, the court reckons that some witnesses in the absence of effective witness protection regime, they might seek anonymity as is the case in the present case. Thus the court has allowed introduction and use of the documents,” he said.

The judge however said they are not creating a procedural precedent, saying each case should be dealt with its peculiar stand.

Chakwera, who is second petitioner in the case, is alongside UTM Party president Saulos Chi lima (first petitioner), challenging the re-election of President Peter Mutharika, alleging that the presidential results in May were marred by irregularities and fraud.

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29 replies on “Court allows MCP witness new document in Malawi poll case: Source to remain shielded”

  1. I think if the evidence are not proper let the judges do their work. The question is why could MEC not produce the original ones?

  2. Justice is for sale and the rich shall continue to oppress the poor..The Jordan audit firm BDO report states that 273 forms tippexed (corrected with white corrector fluid), 65 forms manually amended, 45 forms with no signatures and 66 forms missing political parties signature. Ku khoti komanso ku parliament ndi mabwalo a nkhani (debate) sikuti chilungamo (logic) chimapezekamo. Most politicians are failures and have a disgruntled past and took every single opportunity to bribe someone for their progress…but progress must be moral and mutual ngati tibela zisankho nkulekeranji chuma cha dziko. Courts must be impartial and exclusively independent otherwise opanda chilungamo kulibe mtendere ndi chitukuko.

  4. Ukadzaona yemwe akuimba mlandu mzake akufuna kuonjezera umboni, just question the first evidence if it is convincing enough to present the case fully. I suspect the evidence has been torn so much that the case will not be in favour of the petitioner. Maybe the new evidence from the well wisher, maybe. BUT, where was this wellwisher since June? Food for thought. Let wait and see.

    1. Ana a adadi inu, kupusa kumaombera mmanja anthu okuba. Akutibera misonkho yathu inu kumasekerera zimenezo!

  5. Chapweteka by his name will be heavily bruised again by AG Kalekeni Kaphale and Counsel Frank Mbeta with his own evidence from well wisher kkkkkkkkk.

  7. Moto kuti buuuuu!!!! The court will be surprised to see that the packing list Alufandika filed is fake. This well wisher has an original packing list….MEC and DPP lawyers accept defeat before wasting court’s time please. Prepare to meet the costs.

  8. The court is trying to be fair though they know that Chapweteka fouled Chakwera with his unprofessional parallel tally centre. An agronomist cum IT expert

  9. This court is hypocritic. Even the fines they imposed on UTM< MEC and MCP were made to save face and cover them from hypocricy. We all know MCP and UTM rushed to court without evidence and they are manufacturing the evidence now and they court has been allowing them because all the judges favour the petettioners. In all the 22 ruling they have made they have favoured the petetioners in 85%.

    1. Ndiwe wa DPP iwe, ukudziwa chani? Anthu ofoira jumangokakamira zoti sizikuthandzani,why still u want Peter to rule the country? Tsegulani maso muone.

  12. How will the shielded source be cross-examined? The court should ensure that justice is seen to be done.

  14. Whatever MEC and Dpp bring in this Court the are not original since day one we have seen that! Just wait and see what alfandika will bring in this Court will be the same because they don’t have original.

  15. Court yabvomera kuti mwina aoneko ma original document kuti amaoneka bwanji nanga bvuto a MEC ndi a Kaphale chiyambireni cha mulandu amangoonetsa ma duplicate okhaokha.

    1. Kikkkkkkkk! Kaphale kwathu kuno timatanthauza kuti a piece of a broken clay pot. So Kaphale katheratu, inu zanu za fake izo Malawians does not want them,
      Kuyambira President wa fake, iweso wa fake, development fake, Dziko fake, ma banja afake, ntchito za fake,kulemela kwa fake. School za fake. A police a fake, Intelligence ya fake, miseu ya fake. Zovala za fake, chilichonse cha fake.

  18. Kalanga ine! We don’t want what Alufandika filled in his affidavit, we need original ones from unknown well wisher! That might be the Angel, how do you think Lego, Central, and many more of you guys who wish to have a change in Malawi?
    Seems zikupita kotentha zinthuzi, I heard some Cadets saying Chilima was Supa than Chakwera in this case, I tell you wina akodzedwa ndipo adzathawa pa Court chifukwa chodzimbuka. Kaya ine ndadutsamo

    2. To say the fact Mr Kaitano the case is already over.By the admission of Kaphale that MEC are human beings they can also make some errors that shows that irregularities were there and i don’t why he is still arguing.Remember they say,”ALL DAYS ARE NOT SUNDAYS.”APM has not ever won any Presidential elections in Malawi.Even in 2014 he lost also but all he knows is to swindle people using his corrupt hands.God is watching everything and our freedom is just around the corner.

    3. Kaitano these DPP thugs don’t know that nothing in the world is more dangerous than sincere ignorance and conscientious stupidity. DPP leaders’ political lives began to end the day they became silent about things that matter to Malawians. Time has come when the DPP as a party will now know that lightening makes no sound until it strikes!! Kaphale and Mbeta have tried but all in vain…………………….. let’s wait and see who will collapse of cardiac arrest and or laugh most!

  19. y being selective when already a precedent was set that no any introduction of new documents aparty from the ones on the sworn statement, ma judge mwadya bans eti

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