Court saves Chakwera on character evidence: MCP stopped from sneaking in new evidence

The Constitutional Court hearing a petition case about the presidential election results has agreed with the prayer by one of the lawyers representing Malawi Congress Party (MCP) presidential hopeful Lazarus Chakwera, Mordecai Msisha, a respectable Senior Counsel (SC), that cross- examination from Malawi Electoral Commission (MEC) and President Peter Mutharika legal team should not dwell on second petitioner, Chakwera’s character or conduct.

Chakwera:  To enter witness box

Mshisha asked the court to object MEC and Mutharika lawyers to cross examine Chakwera and his witnesses on certain areas considered irrelevant such as character evidence on the second petitioner.

In its determination, the five-judges panel ordered that Chakwera’s cross-examination should not border on character or his conduct.

“The [respondents] failed to show why that is relevant… they have not demonstrated in any way how his character is an issues for the purposes of determining the constitutional question,” said the judge.

Reading the ruling for about an hour, one of the judges Mike Tembo, the Court quashed another application by Chakwera’s lawyers who questioned the rationale behind MEC and Mutharika’s lawyers wishing to cross-examine each other’s witnesses when they essentially hold the same view in the matter before the court – that is objecting to the annulment of the presidential election results on the basis of mismanagement.

The Court said MEC in the interest of justice the two respondents can cross-examine each other, saying they were not holding same view.

But the court ordered the respondents to bring such areas in a checklist to be submitted to co court by September 26 2019 by 4pm.

Lawyer Msisha, a constitutional law expert, also asked the court that MCP witnesses should be allowed to “amplify” their sworn statements submitted to court as evidence-in-chief.

But the court also rejected that, saying that would be sneaking in new evidence in the case.

Tembo said in proceedings of this nature, evidence is accepted upon application, not notices to the court.

Justice Tembo said Chakwera’s legal team did not notify the respondent about the intention for witnesses to amplify their evidence, save for one witness Daud Sulemani, who according to recorded, the Court said it was indicated  in his sworn statement that he would amplify his testimony and court said he will be allowed to do so but on specific areas.

The rejection was extended ti Richard Chapweteka, Mphatso Augustine Sambo and Anthony Bendulo.

The court also ordered MEC to bring gadgets which Chakwera requested  and were mentioned in the case, and this should be brought to court not later than the day Suleman would be presented  for cross examination in the witness stand.

Meanwhile,   chairperson of the panel of judges presiding over the case, Healey Potani, adjourned the case to Thursday when Chakwera will enter the witness box to state his case and be cross-examined.

Chakwera and UTM Party president Saulos Chilima are challenging results of the presidential election which MEC Chairperson Jane Ansah declared was won by Mutharika. The results indicated that Chakwera was second and Chilima third.

The case is being heard by a panel of five High Court judges comprising Healey Potani, Mike Tembo, Dingiswayo Madise, Redson Kapindu and Ivy Kamanga.

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TOSH
Guest

IF THEY BRING THE GADGETS MEC AND PITALA ARE DEAD AND BURRIED

Get it
Guest
Get it

What character? Really wanted to drag the case. The strategy is to allow dpp start campaigning. This strategy has hugely backfired, AG office knows this well than anyone else.

tung'ande
Guest
tung'ande

Daud Suleman is a certfied crook and MCP will see red, Even in 2014 elections he came up with cooked up results that made MCP believe that they won. Chakwera should be questioned on character because he has proved to be a highly qualified hypocrite. He swore as MP in an election that was conducted by the same MEC yet he is disputing the same , what more evidence does one need tp show that Chakwera has questionable character and an overdose of ego for leadership.

Kaitano
Guest
Kaitano

Is it not someone’s ambition? Kaya zanu izo

Muhariwa
Guest
Muhariwa

Bwana Tung’ande I personally come from Mulanje and I like to tell the world all the truth without any bias reporting. If the court allows MCP to bring in the Gadgets then we DPP then TILIM’MAZI because even our Kaphale cannot defend it. Of course TINABERADI but may be to avoid being exposed to the world we could have simply called Chakwera and offer him a position as 2nd VP BUT if we continue matuku tuku because of Dausi and Ben and Mchancha believe you our Peter will be embarrassed later.

Chejumo
Guest
Chejumo

Hahaha ndakomoka ndi phete koma pamenepo

Hullaballoo
Guest
Hullaballoo

Waganyu iwe wa Crocodile Mulanje siuidziwa.

Lester moses
Guest
Lester moses

Malawi sazantheka

tung'ande
Guest
tung'ande

Abambo musamataye nthawi ndi nnkhani zopusa za pa bottle store. What gadgets do you mean. If there are any such gadgets they should have been included in the sworn afdavit

Destroyer of liars
Guest

Daud Seleman will finish the case for the 2nd petitioner and his evidence is what will break the backs of MEC and APM lawyers. With the aid of gadgets to amplify his sworn in statement, someone will surely spew diarrhoea. MEC, according to Daud Seleman, as again said by the audit report, never approved the announced presidential election results.

Machende Horris
Guest
Machende Horris

Don’t pretend that the case is one sided there was also pomp before the case started with the so called overwhelming evidence look what Chili ma et all brought b4 the court

Moto kuti Ziii
Guest
Moto kuti Ziii

The most dangerous part of the Daudi Suleiman evidence is how it resonates with the BDO Audit Report. Its a killer punch and Kaphale and company are well aware that they will have mpwelele in court

Goshi
Guest
Goshi

MCP kutenga likasa. Trying to smuggle in evidence pompo khoti nkuwakanira. KKKKKKK

joseph
Guest
joseph

Muhariwa I join your opinion. You are neutral. We should debate on neutral point of view. One thing is that MCP has a constitutional expert lawyer Modicai seems to follow issues well in this case. That is why MCP had asked for order of discovery of evidence. I have been studying externally with University of London LLB degree between 1999 to 2003 when I stopped and joined BA Journalism UNIMA then Peace and Security MA Addis Ababa University. What I learnt about elections case is order of discovery of documentary evidence or any material or gadgets. But, so far the… Read more »