Day 3 Malawi elections case: Chilima complaints affected 0.529%

August 12, 2019 Analysis by My Lady and My Lords –Nyasa Times 60 Comments

The 2019 UTM Party presidential candidate Saulos Klaus Chilima ended his worse third day in court by admitting that six of his seven allegations did not meet his categorisation as “plethora of irregularities” as only 0.529% polling centres he used as his evidence to challenge the results were below the term.

Chilima needs to prove “massive rigging.”

Former Vice President could end up the greatest casualty of the post-elections period as he routinely told rallies and demonstrations that he had “over whelming evidence” to prove that President Peter Mutharika aided by the Electoral Commission chairperson Jane Ansah rigged the 2019 elections.

Chilima in his petition to the court alleges intimidation of monitors which only covered 0.16% percent of polling centres namely Ndirande, Namalimwe, Ntcheu Community, Sharpe Valley and Folopence in Thyolo.

Another allegation of bribing of monitors centres on affidavit at Ndirande Community Centre where Brown Mpinganjira, a senior member of  Democratic Progressive Party (DPP), whose son Chipiliro won the parliamentary race, allegedly brought money for the party monitors. The affidavit of the UTM official state that the money was for airtime for DPP monitors- Chilima agreed that parties were obliged to pay their monitors.

Kaphale who has been having field day since he brought Chilima in the witness box, had to be stopped by objections from Chilima  legal team which looked apprehensive as their star witness confirmed again on unauthorised persons having materials and arrests of persons with only one case reported at Mbalachanda in the whole Northern Region.

Kaphale is expected to wind up on Tuesday as he promised to question all exhibits Chilima has submitted to court in backing up his case. Some of the UTM officials who signed the affidavits are expected to be cross examined, and should the Attorney Genera;  prove that there were negligible irregularities or some of them mere allegations, the case would rely heavily on Malawi Comgress Party (MCP)  evidence.

The question again would be why they included President Peter Mutharika on the respondents as it would only delay the case should his lawyers decide to pursue the matter.

Two fundamental questions that need to be answered by Chilima after telling the court his evidence was less than half a percent is

  • As a learned man, why did he go to court with such shallow evidence and claim of massive rigging when he had less than 10 affidavits of witnesses of the same?
  • Is he prepared to apologise to Malawians, he claims to hold dear to or to respect for allowing the country burn during demonstrations while he did not have “overwhelming evidence” or he will be just another politician riding on Malawians anger without the truth or justice mattering?

As Kaphale is winding up, surely most of the public need answers from their political leaders. Day 3 we cannot continue to pretend it’s still too early. Evidence is being tackled, as the days last questions was “Would you tell Malawians that the irregularities were not that many?”- with the answer Yes, could have been the day that sealed the case Chilima presented to court.

His legal team need more than questions of law answered, they need to be seen to be pursuing justice not just a bitter loser. Because whatever the outcome, Chilima’s words will be judged on ballot again soon or later, re-run or 2024. He needs to prove “massive rigging.”

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60 replies on “Day 3 Malawi elections case: Chilima complaints affected 0.529%”

  2. In other words, the complaints DID NOT affect 99.4 % of the results. Can Kaphale please pick this up and say that in court instead of 0.529 %…More than 99.4 % not affected makes much more sense to the judges and the public

  3. DPP is full of chicken heads. In Kenya it was 0.06% that warranted a re-run in 2017. Chilima’s 0.529% is more than what is required to nullify the presidential elections of 21st May 2019. The 5 five judges have a big task to believe Kaphale’s nonsense of demeaning 0.529% as insignificant. If you stillK20,000 from a bank that holds a K1 billion competent courts cannot dismiss your case for stealing an insignificant amount from the money silo. You will still serve jail term if theft is proven without reasonable doubt. So, you DPP fools stop this madness. For indeed, Kaphale has agreed with Chilima that there a problem with the presidential elections. I wish Kaphale was smart enough not to say that 0.529% is an insignificant matter in a court of law. Or is it because Kaphale too is a thief who has partaken in the looting of billions of Malawi kwacha that he can’t see that any form of theft is not acceptable? Your guess is as good as mine.

    The Fearless Samurai (Jwampiriu)

  4. malawians crosexaminations did not end there.. Kaphale will not win this case .
    there too many complications in this case.

    MEC has got rules and regulations pertaining elections of which of were not followed by well trained presiding officers.
    MEC and Presiding officers did not comply with regulations hence 0.526 coming from.
    there were non compliances.

    Auditors remmendation, veryfication and validations of electral results.
    This is where irreguralities are coming from. i ve never studied law but regulatory affairs. and auditing.

    as far as i know kaphale is more in factual not law according to the laws, the case will go out of kaphales hand aluza. IF UNDP can allow to release auditors recommemndations , theres not argument kaphale aluza nkhani..

    as malawians lets be happy happy to see the course of justice taking place.
    AS AN AUDITOR DPP IDABALE CHISANKHO FINISH.

    There will some implications when crosexamination will go to the opposite side.
    MEC and JANE and APM WITTNESSES .

    Using of Tpex was not recommended in auditors recommendations hence irreguralities and non compliances against electral process needs nullification.

  5. Absalom Absalom!!!!!! wakodwa wekha mu mtengo – pano akungonya ziphwisi ku Court!!!!! shaaaa!!! komatu ine ndinkanena kuti wina adzanyerebwa yakha – shame to you useless Leader – look now with your foolishness you have destroyed this Nation – now listen this is the beggining of your hard times togather with your Trapence & Mtambo you will pay dearly.

  7. So you pulled your resources, and went out to get Tippex (correction fluid), and sent it to polling stations across the country.

    What was your intention??? You anticipated that you will need it to reconcile figures? correct/alter the result sheets?

    Further, regardless of percentage, once you find a roach in your food, you throw everything out.

  9. Akweni Kaliati,Winiko,Manganya and Kalisita where are you,? We are being roasted in court . Go to Mozambique and get herbal mental health medicine for Nchilima
    Akupita tikumuonatu uyu.such a young Man
    Mwazi wache uzakhala pa inu munamunamiza myamata wokongola uyu wa ndevu za golidi

  10. Nyasatimes, are you serious you’ve a reporter named: My Lady and My Lords? Secondly how many people does the reported 0.529% affected in the elections? Does this reporter know that every vote counts? Ngati Kaphale akuvomela ndikumapeleka these figures as his conclusion, he is accepting there were irregularities!! Many starts from the figure 2, so since he has accepted it affected many centres, then wavomela kuti zinalakwika!! Please stop being myopic and open up your IQ………………….!! Lets wait and see!! Today, Kaphale has accepted that the following happened:
    • Intimidation of Monitors = 0.16% of all polling stations
    • Bribing of election monitors= 0.019% of all polling stations
    • Presiding staff influencing voters who to vote for= 0.13% of all polling stations
    • Unauthorized persons being found with ballot papers and ballot boxes= 0.12% of all polling stations
    • Arrest of persons for polling offences= 0.06% of all polling stations
    • Failure to deliver the ballot papers under conditions of absolute security = 0.04% of all polling stations.

    To those whose IQ are too myopic, I would urge you to check with Kaphale for the exact numbers of people affected by 0.529%. Pomwe mukuona ngati this is too small, the key message here is acceptance that nasty things, things that are not allowed during elections happened!!

    1. Teach them, paja a DPP ndi mbuli. that figure is not Zero. Even the MEC guys now have already lost hope of winning the case, hence pushing for throwing out the case which is impossible at the moment

      1. go ask ku kenya in 2017 they did a re run becouse only 0.6 ndiye iwe ukuti 0.529 cant u see kuti ndiambili ???? buluuzii iwetiiii

      2. If this is what we’ve from Chilima to-date, how much are we going to get from Chakwera? Is it worthy cerebrating now? Awansoooooooooooo, phuma bwanji………………………. can’t you read the “lines-in- between” Kaphale’s comments such as I have been loosing cases before because of ………………..!! Do you think he meant what he is seeing coming before him and doesn’t want anybody to blame him that he did not do certain things…………………………!! Musanatiiiiiiiiiiiiiiiiiiiii mulila ngati mwana, timva kuti “inu nayekaaaaaaaaaaaaaa!!” kkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkk

        Smart and wise people cannot celebrate now!! The wise normally laugh most, and usually at the end!

  11. I request Kaphale to spare Nchilima. Nchilima is mentally sick. He may endup going to Zomba mental hospital
    Was this guy drunk??????., This guy has heavly fooled us his supporters.
    Utm pano ndichiphwisi cha munthu amene wadya mazila 6 a bakha. He has fooled people from Chitipa to Nsanje
    End of Unied Transport Company of Malawi
    How does his wife feel? She must be embarrassed with this crook.

    1. Iwe ndi mbuli kwambiri? anaukuuza kuti rigging yovomerezeka imayambira what percentage? anazko a MEC pano ayamba kale kulira. 0.5% are many votes

      1. Dont waste your time with this man. Ndimbuzi uyu. He doesn’t kt kubaba ndikuba Basi no matter the percentage.

  13. As an auditor as faras I know MEC and government will not win abale. Auditors recommendations will carry the day of judgement.

    There were irregularities followed by non compliance of MEC rules and regulations of elections. Eg TPEX not recommended basoop

    1. Fake auditor. In auditing, we look at substantial significance of a thing whether material or immaterial

    2. LETS WORK UP HERE THE MIND SETS WE SHOULD HAVE AS MALAWIANS ITS NOT ABOUT PECENTAGES BUT OCCURENCES OF SUCH ILLEGULARITIES.
      MIND SET MIND SET PLEASE .
      OUR MIND SETS SHOULD BE ON OCCURENCES .
      IF IT WAS HAPPENING AT SOME CENTRES THEN IT WAS PLANNED .
      FOR
      EVEN AT THE CENTRES WHERE CULPRITS WHERE NOT CAUGHT THIS DOES NOT MEAN IT NEVER HAPPENEDA HOSE CENTRES.

  14. Apatu achina Kaphale mwaoneka kuti mlibedi nzeru,
    Kodi munthu akamuona ataba sweet mu grocery then utha kunena kuti sanabe?? Uziti chifukwa sweet ndiyaying’ono then sanabe????

    Koma anthu inu kumaganiza mwase nzeru osati kumbwamalama ngati uku.

  15. As far as I know I ve been in high court almost 5sittings and others court 4sittings am not a lawyer.. what I know mostly government doesn’t win cases in court.

    Secondly chilimas answers could be flopy in responding but that the judges will look at the evidence the possibility of occurrence of rigging marred and irregularities.. if MEC will be cross examined to the extent of Acknowledge the use of TPEX, that changed the figures at one point or another without cross out..

    Then straight away government or MEC will get negative results from the judges.

    Boma siliwina mulandu uwu no matter what.. APM and kaphale knows.. all 800 witness if there auditors like me boma liluza. If presiding officers are will be cornered by MCP and UTM lawyers and will contradict themselves… MEC can not win this case

  16. One can win an election even with 0.00000000000001 % margin . A thief is a thief , whether has stolen 1 tambala on 1million kwacha

  17. What is on trial here – exaggeration (quantifying) of irregularities or the fact that there were irregularities? So, a few irregularities are okay?

    In any case, what percentage of the whole complaint is the word “plethora”? Is it 100% or .5%?

    Chikakhala kwanzako “ pysinyitsa- Koma ukatora chiwala uchita chokoka

  19. Chilima has no solid case. Just wasting resources basi (time, money, human resources). Didn’t he and his legal team sit down and do these simple calculations?

  20. I think it is too early to make such a conclusive analysis and start asking for apologies. There is still MCP which is not yet in the dock now and the court cannot dismiss the case based on Chilima evidence alone while the 2nd petitioner has another evidence. While you are accusing others you are also in the same line of reacting without giving much thought about the issue.

  21. God is good as he shows us that chilima won’t be a good reader.he is just need to be president for his own benefits. That’s all

  22. Whether the percentage is o.1%,that is enough to nullify the elections.What about those he does not have evidence?If your were caught in a shop stealing a paint what name will you be given,a thief regardless of what is there.So 0.1% is enough evidence.

  23. Fiti ya munthu chilima ubweze katundu uja mwawononga uja ndi mzako mtAmbo . chakwera nde sakaphura kanthu . kudzipopa ngati finye

  24. The % so far given by Chilima is good enough to close the small difference between APM and Chakwera. And this only applies to Chilima, what about those which Chakwera will tender in court? Mind you, the battle has not started this is just cross examination, more complaints are coming in this case.Chilima cant pre empty everything to avoid differ with his sworn in files.

    1. the court proceedings have began. He shared all his documents with the court. Why should he hold some back as if its a game waiting to throw a joker?

  25. You don’t need to be a professor in law to come up with a conclussive judgement that the elections were marred with irregularities !!! Even Peter and ansah agreed the same !!! Malawi is moving forward together ( NO MATTER WHAT ! )

  28. “HardTalk” Chilima cannot prove a legal case as he has none. And he’s just being shredded to pieces; without mercy by an experienced lawyer. Sad indeed. And even shameful he’s just a kid in the court room.
    And, if this debacle continues for Chilima in court like this, he could possibly have a mental breakdown right there in the court room.
    The kid needs a break for a few days, and his lawyers know it but they are severely constrained by the schedule. Indeed, no rest for the wicked.
    So, what for Chilima to do now? Feel sorry for himself, and cry every day when he gets home!

  31. As a Malawian Chilma has proved one thing! He is not fit to be a president of any country let alone Malawi. Professor Peter Mutharika, you made a mistake appointing this man to become our Vice president. The country has gone to ruins and people have been injured!Chilima does not even deserve to be in politics! The country would be ruined under his leadership! After this hearing Mr Chilima you need to find another way of making a living but leave politics to this that mean business. If you go on a rampage again telling people “Musaope” trying to create anarchy you will fence the law and it will not be kind.

  32. I advise chilima to withdraw from this case chifukwa kumene zikuloweraku mulandu ukukanika uwu. I am begging his relatives to keep away knives, matchetes, sharp objects, poisonous substances away from this guy so that he should not commit suicide. Please keep him on suicide watch. Mwambi walero: ndewu ya eni ake savulira malaya. Tanthauzo: a chilima musavulire malaya ndewu ya dpp ndi mcp.

  33. Coming number 3 with 4 Mps the guy had no moral ground to dispute the election, just bitter that he was not as popular as he thought he was. MCP have a much stronger case because they came second. Uyu angotitayitsa nthawi apa.

  34. mtolankhani wa DPP kuchita kuonetsera polemba,oziona next week ambuyako akamazakumana ndi Titus Mvalo ndi nzake Tegha

  35. Kuzitukumula ngati finye…. Remember the height from where you have fallen…… From mega farms to baseless lawsuit and protests. Chilima usandinyase!!!

    1. Chilima chilima please withdraw the case before you become useless.I beg his relatives to put ths guy on suicide watch, chotsani mipeni, masipuni, mankhwala onse oopsa, mfuti, zikwanje, zida zonse zakuthwa kuopa kuti munthu angadziphe uyu. Maphone usiku muzimulanda. Mwambi walero: munthu suvulira malaya ndewu ya eni ake. Apa a chilima anavulira malaya ndewu yapakati pa dpp ndi mcp. Koka.

    2. Chilima I advise that you should just withdraw the case or else mulandu uwu kumene ukuloweraku ukukanika. Once this is done, all your friends are going to run away from you. Mwambi wa lero: ndewu ya eni ake savulira malaya. Kutanthauza kwake: a chilima musavulire malaya ndewu ya dpp ndi mcp.

    3. JANE ANSAH ADMITTED TO HAVE USED TIPPEXED SHEETS IN ELECTIONS —‘ PETER HIMSELF TOLD THE NATION THAT HIS VOTES WERE TAMPERED WITH IN CENTRAL REGION —– BALLOT BOXES FILLED WITH ALREADY MARKED VOTES —– PLEASE PLEASE DON’T TAKE MALAWIANS FOR IDIOTS , OKAY ??

    4. Peter told the nation and the whole world his votes were stollen in central region —–‘jane ansah admitted to have used tippexed sheets —-ballot boxes filled with already marked votes –‘-dausi and his friends were found with truck loads of stuff from chikwawa —what evidences do you need ?? Don’t take us for fools okay ?

    5. It’s unimaginable that some legal experts can also be low IQ. So does it mean that 0.5% of “KNOWN IRREGULARITIES is acceptable? What about the unknown irregularities (not so far presented to court)? Isn’t that an admission there were irregularities? Some known others not yet presented? I can’t understand this numbskull reasoning.

    7. Mmm.. akulu inu. Musathe mawu. Mukhoti mbava zimawina mulandu ndi m’mene ma lawyer ayipelekela nkhani. Apa ma Lawyer a Chilima sanalowe mbwalo. Moti inu pa nokha simukudziwa kuti chisankho anabela? Mwayiwala anthu ngati achina Gerald Viola atapezeka akupanga zobela? Achimwene, munthu kuwina mukhoti sikuti ali wosalakwa. Koma ukachenjedwe wa Lawyer. Anthuwa akuwopa kwambiri anthu a Malawi chifukwa amalawi ndi omwe tili ndi mphamvu ngati tikufuna kusintha. We can force these these thieves out if we really need sanity and good governance. That is why they are afraid of demos and even plan to kill these Demo organizers. Its only the people power that can outs these thugs.

    8. Iweso Mangaliso usatinyase. Mlandu dikilani obera ma vote wo nao afunsidwe mafuso. Ndipamene muziwe iwe ndi gogo ako nthawi pa Malawi pa inakutherani.

    9. Iweyo ndiamene ukunyansa…U can try to hide but when time comes u cant hide anymore.Iweyo ukuona ngati ngati kuti even half of malawians are happy ndi pumbwa wanuyu??

    10. MANGALISO…DIKIRANI APA ZANGOYAMBA…KOMANSO KNOW THAT THE AUTHOR IS JUST BIASED…DPP CADET…KAPHALE ASKS MORE OF OPINION QUESTIONS NOT FACTS

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