Declare Chakwera rightful winner of Malawi presidency: Lawyer Msisha sum up case

December 20, 2019 Wanga Gwede - Nyasa Times 52 Comments

Lawyer Modercai Msiska a senior counsel (SC)  leading the legal team of second petitioner and Malawi Congress Party (MCP) president Lazarus Chakwera, has asked  the Constitutional Court to nullify President Peter Mutharika’s victory in the May 21 Tripartite Elections and  declare Chakwera as the rightful winner of the polls.

Chakwera and his  deputy Sidik Mia stormed
Chakwera’s lawyers and senior counsels, Modecai Msisha and Tutus Mvalo interacts outside court-Photo By Lisa Kadango, Mana
Chakwera, the second petitioner in the historic elections case, is asking the court to nullify the May 21 2019 presidential election.

Msisha, one of the framers of the Republican Constitution, in his final oral submissions on Friday, articulated the remedies he seeks the court to make to rectify the massive irregularities committed Malawi Electoral Commission (MEC), the second respondent in the matter, saying the body that it  failed to adhere to constitutional provisions governing management of elections in the country.

The lawyer pointed out the  jurisdiction to administer what Section 41 of the Constitution describes as “an effective remedy” to address MEC’s violations of the political rights of Malawian voters whose will was defeated by either incompetence or fraud, or both.

According to Msisha, though it is for the Constitution Court to decide what an effective remedy is, the five-judge panel of the High Court of Malawi sitting as the Constitutional Court should not only declare the election of Mutharika, invalid, null and void, but also consider declaring Chakwera the rightful winner of the 2019 elections if the Court is persuaded by evidence to that effect.

Msisha  argued that there is “overwhelming evidence” that MEC has been generally negligent in its control and administration of the elections by  failing to electronically and manually collate, tally and transmit results as accurately as required by law; failing to ensure that the relay of results from polling station was secure, accountable, accurate and verifiable.

He also said there has been massive tampering and irregularities in connection with the counting of ballots and transmission of results during the May elections of which MEC was aware or ought to have been aware of it had exercised reasonable care and due diligence commensurate with its constitutional and statutory powers and duties.

The lawyer argued that despite the existence of the said tampering and irregularities, MEC went ahead to announce the results of the election, including that the President Mutharika had been re-elected “without holding any or any sufficient audit or recount to verify the election results.”

Msisha said failure by MEC to remedy the non compliance, irregularities and improprieties in the conduct of May elections amounts to “grave violation of the Constitution”.

He pointed out that the elections was badly conducted and fatally affected by non-0 compliance, irregularities, malpractices and illegalities such that the result of the elections had been substantially and significantly affected.

Msisha said Mutharika was not duly elected President of Malawi as he did not truly obtain a majority of the votes polled.

President Mutharika of Democratic Progressive Party (DPP), by virtue of being the declared winner of the presidential race, is the first respondent.

The five High Court judges hearing the case are Healey Potani, Ivy Kamanga, Dingiswayo Madise, Redson Kapindu and Mike Tembo.

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52 replies on “Declare Chakwera rightful winner of Malawi presidency: Lawyer Msisha sum up case”

  1. The rightful votes are with Chakwera despite were greatly reduced to make toothless ,Peter carry the day.Peter votes do not even need even expertise to show that he comes third to Chakwera and Saulos.

  2. But the lawyer has failed to demonstrate that Chakwera got more votes than any other candidate which would have been the only reason to consider him as a winner. In this article the layer is basing on irregularities as grounds for Chakwera victory. This is just desperation at its best

  3. Mvalo,Msisha,Silungwe ndi maloya ovutilako mboni ndi Kathawe yemweyo.
    Alufandika,Munkhondya and Ben Phiri anangothandizira kuunikira kuti MEC and DPP inaberadi mavoti.
    Kaphale has been a good lawyer komano panopa ndizoba

  4. MALAWI LAWYERS,JUST GIVE MALAWIANS PROPER INPUT TO CARRYOUT PROPER INJUCTION THAT WILL RUN OUR JUDICIAL SYSTEM PERFECTIONARY ATTRACTIVE.WHAT KIND OF LAW WILL CHINESE TEACH OUR PEOPLE? AS A MATTER OF FACT,SINCE WHEN ARE THE CHINESE TEACHING WESTERN LAWS? FOR YOUR INFORMATION,HANDREDS OF AFRICAN NATIONS ARE NOW REALIZING THE HAZARDOUS OF THE CHINESE PEOPLE IN AFRICA.I HATED HASTINGS BANDA FOR HIS TREATMENT OF THE MALAWIAN PEOPLE,BUT WHEN IT CAME TO CHINESE COOPERATION,BANDA STRONGLY WARNED HIS MINISTERS NOT TO TAKE CHINESE BAND WAGON INTO MALAWI.BANDA WAS A BRUTAL THUG,BUT ON CHINESE ISSUE,HE STOOD HIS GROUND.MALAWIANS,DO NOT PLAY GAMES WITH THE CROOKED CHINESE,YOU TAKE 5MILLION DOLLAS FROM THEM AND YOU WILL RETURN 15million DOLLAS.DO NOT BE CHEATED BY THE CHINESE YOU WILL SLEEP OUTSIDE OF YOUR HOUSE.TAKE CARE!!!!!!!!

  5. Chakwera anali oyenela weniweni kuwina chipanda amayi ansah ndi mec tikudziwa pamene zinadzakhotela kuti akhale Peter owina tinachita kudziwa kuti payenda kenakake

  6. With all the irregularities, fraudulent and illegal activities that MEC engaged in no one should be declared a winner…… a rerun is what makes sense

  8. Msiska has done well. I do understand the reason he want the court to declare Chakwera a winner. If he calls for a rerun the court might say his candidate lost. But if he gave enough evidence to declare Chakwera a winner; the court might say it will be far for both political parties to do a rerun. If this is the verdict the court will give, “rerun”, then everyone is a winner. But if the court declare Mutharika as a winner then chaos will happen because Chilima and Chakwera their evidence is very good. MEC and Peter Mutharika failed to prove that elections were conducted in a fairly manner. Chakwera and Chilima proved that the elections were rigged. These elections affected more than one million votes—this is huge and a rerun is the only solution to save both political parties’ faces. The MEC did not conduct itself in a professional manner, and they have failed Malawians. Therefore the judgement should be a rerun. This is a win win situation for both parties.

  9. kkkk komatu penapake kumakhala serious ma lawyer osamangomudyera munthu ndalama. poyamba mumati simukupanga zoti anawina ndi ndani koma nkhani ndyoti panali zolakwika,lero mukuti apange declare Chakwera as a winner,Anawina ndimavoti angati?
    Nkhondo mwamenya limodzi ndi UTM,pano zkupita kokupsa mwamutaya Chilima et?
    Mukumputa Dala ZEZE oho

  10. Bwana modecai….constitution ya Malawi ndi yanu Basi. Enawa mwachitaso kuphunzisa nokha. Ulemu wanu. Takumvani Basi.

  12. APM EVEN HIS FACE SHOWS A WORRIED MAN, MDALA AKUPAKILA UYU!
    HE CANNOT BE PRESIDENT 81 YEARS AND VERY DULL!

  13. Chakwera, all the way to the state house as the Mangochi West nulification case has already set the precedence.Evidence from audit report, evidence by Director of Elections, Mr Munkhodya all proved massive irregularities .
    Senior Counsel Msisha is talking about.Alufandika provided crooked type of answers during cross examination until when he was coached during the re examination by his lawyers, what does this reveal?

  14. Msiska is out of his head. He claims he proved illegularities and therefore the elections should be nullified yet from the same illegular elections he wants Chakwera to be declared winner. Thats madness.

      1. On point. When irregularities are proved, it means someone’s votes were “stolen” so why not just giving them back to the rightful owner and declare him a winner?

  15. Musisha, ukufunatu kutiyankhulitsa pambali parvati tikupaona. Whakwera for what? He lost hands down. Don’t remind me of Tapiwa and Mkung…Mac hundes ako.

  16. That’s the way to go, even if you ask the Auditors they will tell you Chakwera won the election. Therefore, the court should declare him winner …. no need for rerun or fresh election

  17. Msidhs ndi ntumbuka wopepera kwabasi. You and your team of foolish lawyers have failed to prove what you propose here, install fake accent ex-reverend Nyolonyo Yona Lazarus Chakwera as whatever. On what basis He should actually be serving a life sentence for treason burning, looting and destruction. Go to hell and roast.

  18. Mordecai’s recommendations demonstrate a cool 😁 innovative and mature counsel in the court! He dares the judges to tread a path I never thought.”Do not allow the incumbent to compete”. “Dissolve the MEC Commission” and save time and 💰 Please declare the winner that the Concourt judges to be the winner. Who would argue on that? Not me👏👏

    1. Anthu a MCP ndinu opanda Nzeru. You can’t even think for yourself. Question 1-So Chakwera will be declared winner by how many votes? 2- From the same elections you claim were marred by irregularities? Very dumb ndamva chisoni

      1. Chokani inundated Bendulo anati 2 ,100,000.Zomwe mumapatsa cholula.Mulungu akukhululukireni.You can be punished for that in the coming two months wait I prophesies.

    2. Yes he is genius. MEC and cadets caused these irregularities obviously for the purpose of duping the rightful winner Chakwera. So give him the presidency. Don’t waste our precious time and resources to vote again.

  19. kkk Msisha mwati he should be delared rightful winner yet you are the same one saying it had massive irregularities. I think age is catching up with you

    1. Chakwera won the election. It is cadets and mec who connived to rig the polls in order to suppress the will of the majority of Malawians. It happened in area 23, the clear winner was Msungama but they manueuvred to rig election to the extent of burning votes storage in area 3 in which case no one was arrested, and that was just a tip of an iceberg. Now, they have been caught red handed, what do you tell us, you judges: without wasting time and resources, the election had a rightful winner Chilima or Chakwera, Msishya is right, declare a winner, period.

  20. Realise the owner of the live baby by king Solomon. What will be your say on the cost. All of the others, the looser should bear the cost. Modecai it was a constitution question. No cost burden to the looser. One would know who is the real owner of the live baby

  21. Msiska adakonza koma lawyer wovuta kwambiri a Malawi adzimvera okha mulandu ndikuti kuli anthu okonda dziko lawo 45 days will be jubilee for Malawi after long time sugffering by dpp nyasi.

    1. Msisha is really worth the name senior counsel, zobera mavoti anazolowera, kuipitsa mbiri ya Malawi kuti ndi dziko lowopa Mulungu Koma munachita zochititsa manyazi chonchi, watani umphawi ochita kuzivula nawo, upulezidenti sufumu, amene anawinayo mwachilungamo mpatseni, truth exalts a nation, kuba, udobadoba ndi chinyengo zimachititsa manyazi ndizimenezo, mtsinje was tikanena unathera m’ siizi, ayaluka nazo, Basi mpatseni amene anawinayo.

  23. Let me get this straight. The same election which was conducted full of irregularities should recognize Chakwera as the winner? I thought nullification implies the whole voting process was null and void i.e being disregarded. How can a nullified election now have a winner. Danwood Chirwa what’s your comment here hahahaha. Wonders shall never end. Whatever your endgame this ain’t making logical sense.

    1. Akunena zowona msisha, kwa okonda chilungamo ndi owopa Mulungu, zonsezotu ma irregularity Kaya chiyani zinali desperate efforts to mess up the election because the winner was obvious, and the first respondent said over his dead body, the true winner will not rule this country again, ananenera ku Balaka pa mwambo was Ayawo

  28. Irrespective of the political affiliations and biases on this case, I salute this man Msiska. He had demonstrated what it means to be a lawyer not the way anyamaya amasiku anowa a kalekeni Kathawe akupanga. Kkkkkkk

    I salute Lawyer Silungwe, he has shown the stauff he is made of also.

  29. Chakwera motoooooooo!
    Koma Msiska adakonza.
    Asadzafe, adzangosowa.
    Msiska munthu wabwino watithandiza kuti democracy yathu imene matchona anatiwonongera ibwelere.

    2. Chomwe mukufuna simukuchidziwa Nokha mukuti akhoti apange nullify Peter at the same time you’re saying declare chakwera as Awinner, kkkk muuponda

      1. Sukulu njofunika! If you had stayed longer in class, ukanamvetsa! But you are just a lhomwe tea-plucker! We forgive you!

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