Court tells AG ‘no shifting goal posts’ in Malawi election case

Attorney General (AG) Kalekeni Kaphale on Thursday objected to the line of questioning by lawyers for the first petitioner Saulos Chilima to witness Mirriam Gwalidi during a friendly re-examination, saying it was soliciting opinion.

Kaphale representing MEC walks after court recess.- photo by Lisa Kadango, Mana

Gwalidi, who supported Chilima’s petition to have the results nullified and an order for a rerun, had taken to the witness box for re-examination from one of Chilima’s lawyers Bright Theu.

As Theu asked Gwalidi to state the irregularities which impacted on the vote results, Kaphale  told the court it was improper to ask the witness questions that solicit opinions.

Kaphale, representing Malawi Electoral Commission (MEC), second respondent in the case, indicated that the court had already stopped lawyers during cross-examination the line of questioning that seeks opinions as answers.

Not too amused with the questions, Attorney General queried if allowing such re-examination the Constitutional Court was “shifting goal posts.”

But Justice Ivy Kamanga said: “It’s not an issue of shifting the goal posts.”

She insisted: “We are not shifting the goal posts.”

Theu was then asked to ensure his questions are not soliciting opinions.

And after continue re-examination, Gwalidi remained steadfast that the results in the elections were altered by governing Democratic Progressive Party (DPP) monitors with presiding officers for MEC.

President Peter Mutharika, who was declared winner of the May 21 presidential race by MEC, is the first respondent and the electoral body is the second respondent.

Kaphale, joined by other lawyers, is representing MEC, being government’s chief legal adviser.

During the earlier proceeding, Chilima’s lawyers told the court that MEC failed to discharge its duty and it should, therefore, be considered that no election that could duly elect a president of Malawi under Presidential and Parliamentary Act (PPA) was conducted.

The petitioners, Chilima and Malawi Congress Party (MCP) contend that Mutharika “won a fraudulent election” fraught with irregularities, including alleged tampering with election results sheets through correction fluid, popularly known as Tippex.

The two petitioners are arguing that the tripartite elections lacked credibility and must be declared null and void. The petitioners, in the case being covered live by some local broadcasters, contend that Mutharika “won a fraudulent election” fraught with irregularities, including use of correction fluid and being found in possession of results sheets at home.

Follow and Subscribe Nyasa TV :

Sharing is caring!

0 0 vote
Article Rating
Follow us in Twitter
10 Comments
newest
oldest most voted
Inline Feedbacks
View all comments
Big Dance
Big Dance
1 year ago

Eti wina wa big dance ndi MP akutumbwa akuti tivotanso. The same electoral commission that is being ridiculed declared MPs and Councilors winners and even Chakwera accepts that he is an MP. I hope voting again shall mean going back to square one, ma MP, ma councilors nso. Ma MP ayamba kudya ma allowance wa adzalola?

Justice Uris's
Justice Uris's
1 year ago

But has shown all his skill to defend the wrongs that he also see and accept that wrongs have exceeded the limits.It went out of control or systematic rigging.He knows he job but the load is too heavy.

Mtete
Mtete
1 year ago

The guy Kaphale has all of a sudden become too self centered. Illicit monetary rewards have clouded his line of thinking.. He complained again and again when his fellow lawyers raised objections and now he is the one objecting over and over when others are X-examining the witness.

Mr Truth Pains
1 year ago

Ma Cadets mwabwebweta too much with your AG now it’s for u cadets and AG to dance sukusa tune.

Xkhumzrah
Xkhumzrah
1 year ago

The problem is with the Judges ANAMUPATSA ULEMU TOO MUCH KAPHALE HENCE AMANGOLANKHULA ACHIPONGWE KUNJA KWA COURT AGAINST JUDGES KUTI NDIWANA ONSE AND MA SUPPORTER A dpp mkumawombera m’manja

TOSH
1 year ago

kkkkkkkkkkkkkkkkkkkkkk kaphale umayenda mbali lero wayenda pakati ukamuwuze bwino mbuyako kuti game yavuta mumawona ngati phada

Innoxy Charles
Innoxy Charles
1 year ago
Reply to  TOSH

Kkkkkkk!!!!…😂😂😂😂😂😂,kaphale!! Kaphale!! unya uwona…..I can see re-run, there’s no doubt.

Kaitano
Kaitano
1 year ago
Reply to  Innoxy Charles

Innoxy, i think to save our money and or our tax, we are just going to take the one who was position 2, the one who was position 3 and has also helped to boot out the Tipex President will be minister of home affairs so that all the pumbwas must not run away and build the new Malawi Security starting from Police and Prison, the army is just supa OK for us.

Chikwinyangwi
Chikwinyangwi
1 year ago
Reply to  Kaitano

This one sounds better

Kaitano
Kaitano
1 year ago
Reply to  TOSH

Tosh, these cadets doesn’t know that being a lawyer doesn’t meant he is everything, look at Mr Ibu, can really someone say he is the professor of law? All what we need is to make sure that starting from this year, all those who want to be lawyers must know that we want real lawyers not thieves in the name of lawyers……..!

shares
Read previous post:
14 Malawians off to Japan on education scholarships: ‘Investment in multiplier effect programmes’

Government of Japan has described human resource development as the most cost-effective way of investment plan, saying it is a...

Close