Kaphale further tears apart Chilima’s petition in Malawi poll case
Attorney General (AG) Kalekeni Kaphale on Tuesday continued with his gruelling cross-examination to first petitioner Saulos Chilima in presidential election results to tear apart further his case for nullification of the May results as the UTM Party leader said he cannot say that the contentious correctional fluid Tippex was used for fraud.
In cross-examination, Kaphale took Chilima through the issue of monitors and asked the UTM leader if he had “enough time” to consult his monitors on valid vote counting in the 10 centers which he has raised in his petition.
“Yes we had it,” said Chilima.
And Kaphale asked: “ None of your monitors in the centers challenged the results in any sworn statement.”
Chilima responded “No.”
The Attorney General Kaphale representing Malawi Electoral Commission (MEC), in his capacity as government’s chief legal adviser, made Chilima confirm that if he had alternative results he would have brought them to court.
“ Indeed if there were alternative results, we would,” said Chilima.
Pressing further, Kaphale asked the former vice-president that all the ten forms, if he would indicate where Tippex was used for fraud.
“No. I can only say there is Tippex but I cannot say was used for fraud,” Chilima said.
Kaphale in the afternoon continued with cross-examining Chilima mostly focus on elections results tally sheets.
Kaphale: You will agree with me that all forms were signed by your monitors.
Chilima: That is true.
Kaphale: You have been with these forms since June?
Chilima: That is also true.
Kaphale: You agree with me that no monitors who were on the ground have challenged these results?
Chilima: That is also true.
Kaphale: You confirm that its only Gift Chemadi who has challenged his signature.
Chilima: That is true.
Kaphale: We agree that even him is only challenging his signature and not the results? Chilima: That is true.
President Peter Mutharika, who was declared by MEC as winner in the presidential race, is the first respondent and the electoral body is the second respondent.
Malawi Congress Party (MCP) leader, Lazarus Chakwera, is second petitioner.
Both Chilima and Chakwera are arguing that the May 21 Tripartite Elections lacked credibility and must be declared null and void.
The petitioners contend that Mutharika “won a fraudulent election” fraught with irregularities, including alleged stuffing of ballot papers with pre-marked ballots, tampering with election results sheets through correctional fluid called Tippex, and being found in possession of result sheets at home.
So far the Constitutional Court presided by the five-judge panel of Healey Potani, Mike Tembo, Redson Kapindu, Dingiswayo Madise and Ivy Kamanga has not heard of any touted “overwhelming evidence” from the petitioners.
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Anthu osazindikiranu mukhoza kuona ngati mulandu is in the favour of DPP and MEC, but wait, the dance is yet to come. You will be surprised how things will turn out to be.
I think people are missing it…the electral process starts from somewhere and ends somewhere.This issue will heat up ikafika nthawi ya MEC………These guys can miss it ku polling station koma they can get it right after votes were sent ku MEC
Join the discussion…lakula ndi jelasi poti munthu samakondwera nzake akamalamulira.Amafuna ali iwo
Join the discussion…masankho anali a mtendere
Next to be grilled will be other witnesses who may end up not contradicting themselves. However, it is a hard time to be grilled by a lawyer who has come to court with a set questions which he had allocated ample time to go through them in the comfort of his office whilst referring to relevant pieces of legislation and electoral law text books. As it is its a legal battle that may end up either way …
And further most of the monitors are PLSC and JCE drop outs. Can they know that it is illegal to used tippex and complain. Even some educated guys dont know that using tippex on security documents is not allowed encluding you Kaphale. Try to go to bank with tippexed cheque, if you will not be arrested or rejected at minimum. Every Chartered Accountant knows it. Bankers know it. Even some brilliant lawyers know it.
If we can interrogate Kaphale
1. Is it allowed to use any tippex on any security document? e.g. Cheque, voucher, poll results etc
2. If MEC denies the provision of tippex, who provided it, can Kaphale tell us.
3. If Tippex was used who can determine whether it has not changed the results due to small percentage differences.
4. If tippex can even change .005% and change in favour of the opposite, is it true and fair. Therefore Kaphale is falling to statistical fallacy here.
What overwhelming evidence do you want?
mavoti anaberedwa koma mukuti pang’ono….kodi mukuti uyu APM adawinai adasiyana mavoti ochuluka bwanji ndi wachiwiri wake….mapercentage akunenedwawa ndiamacentre not the number of people who actuallyvoted in these respective centres….oluza sadaluze powerengesela mmacentres koma powerengesera anthu omwe adavota…can we have the number of all those voters from these few negatively affected centres?…TIKUVOTANSO BASI
long life kaphale you shall not die chilima ndi tambala uja akusokoneza malawi wabwinoyi aziputa koma alibe mfund choncho angayendese dziko
If this is the case, it means monitors signed correct documents, but between the District tally centre and National tally centre, something fishy happened. Chilima is right.
kaphale has 5 cars and ineyo ndabako imodzii.. tiyeni tipange percentage ya zoonongeka apaaa>>>>>>>> ndiye kuti ndachotsako 0.05 % mean mulandu palibe coz ndamusiila magalimoto ambili kaphaleyo poelekeza ndi galimoto zomwe
IF YOU PURSUE TRUTH JUSTICE AND RIGHTEOUSNESS IN MALAWI —YOU ARE CONSIDERED AS BEING REBELLIOUS —-EVEN OUR CHURCH LEADERS ARE LOST IN THE VILE OF CORRUPTION –‘ FORMING PARALLEL PAC GROUPS FOR THEIR OWN SAKE TO SECURE POSITIONS /MONEY —THAT’S MALAWIAN STANDARD OF DOING THINGS (UPSIDE DOWN ) TODAY —
For interest sake chilima ukamamuona body language yake makamaka nkhope yakeyo amaoneka ngati he is not sure of himself or lacks maturity. Thats why it seems some of his decisions are so questionable. There is this issue about this nyusensi that when he was in college holding a position in a students union, a certain students body at a universitu in Japan donated a bus to chanco students union and this arafat masterminded for the bus to disappear in thin air. Pumba wakhala pamkhate.
I have a feeling, Nyasatimes has been compromised. Censoring, editing and deleting some of the posts. Additionally, we are reading the same stuff, biased writing and from the same writers for 3 days on the trot. Something isn’t right here. We can no longer put any objective criticism here. There was nyasanet in the past. It died.
What do you want Nyasa to do? Report what you want to hear?
Chilima has to point some of his answers to the MEC chair. For example, answers to questions on Tippex need to point to the MEC chair. She told the whole she did neither did authorize Tippex not knows who did. That is against MEC laws and it is fraudulent in nature.
Tippex was used across board.
Now, Petitioner’s lawyers ought to wonder whether Kaphale is essentially building his supreme court arguments to dismiss the case. Petitioner’s lawyers should have gone over line by line, word by word, and rule by rule of the claim with their client. Chilima ought to ask for clarification of words or thoughts before asnwering questions, even when the answer to a question seems obvious. That said, the case has two sides. Until the other side shows up, it may appear hopeless to a casual observer. Kaphale does not know who introduced Tippex. Chilima’s lawyers ought to challenge that line of questioning until the MEC chair takes the stand. Also be careful about synonyms. Whether one calls an act irregular or fraudulent, it does not matter. What matters is some offensive action took place irregular or fraudulent that corrupted the outcome, in this case, of the election. Chilima must be careful answering questions about the election outcome. If he has a legitimate case, his lawyers need to strategize on how to protect the core of their client’s case both in the High Court and the Supreme Court. Respondent attorney will try to chew up the time.
Palibe zanzeru wafunsa Kamphale.All his questions have been answered over his expectations.
Anthu musade nkhawa,chilima akupanga bwino chifukwa kubela kwa mavoti sikunachitike stage imeneyi ayi. …inachitika after anthu atasayina sayina kale
long life kaphale
and what is stopping Chilima from bringing such evidence? Do you expect the court to act on speculations?
U r true brother
Kaphale is it necessary to to use fluid on the result sheet?Ask malawians what they want not that shit u are asking chilima
Kaphale has rightly asked Chilima whether use of tippex altered any votes as counted and signed by all monitors, his answer was “No”. What else do you want?
Kaphale continuing shredding of Chilima’s evidence now borders on shredding even the latter’s personal prestige. What a pathetic figure Chilima is!
This is now kugwa nd chibagira cha kumaso, NOT cha ku nkhongo! For Chilima that is, to emphasize and to be specific here.
Where is all that bravado he showed, variously, during the campaign?
WHY CAN’T YOU CALL FOR A REFERENDUM TO HEAR THE VIEWS OF ALL MALAWIANS ??DON’T GIVE CHILIMA TOUGH TIME —GO TO THE PEOPLE OUT THERE AND FIND OUT FOR YOURSELVES WHAT THEY NEED —- THIS IS NOT TIME TO IMPOSE YOURSELVES ON PEOPLE —
Which people are you referring to? The few Malawians who support Chilima and his UTM? These are very few and could not make Chilima to win.
Don’t you know referendum and elections are expensive
Just to satisfy a majority 61% who don’t accept each other as Malawians
If UTM and MCP were United they could have won
Lero a kugwirizana kuononga katundu wa anthu
Referendum ya chani. Inutu simunavote now that yhe results did not go ur way pano mukuti referendum. You have to face the consequences of not voting.Do not just be commentators be participators if you want change.
Chemwambana whatever you call yourself. Are following the same case we know? Ndipo iwe tikukuziwa. Tikuyalusa pa 26 apa Cadet iwe
Kkkkkkkkkkk okhwasula Ali pheee
Intelligence and wisdom are missing in this miserable man
Peter acknowledged that his votes were stollen / rigged in Lilongwe and we have a clip on that —jane ansah admitted that they received and used tippex sheets —TIPPEX was not part of the game — ANSAH MADANDO told Malawians and the world that MEC did not buy or supply tippex —- so where and who supplied TIPPEX ??? WHAT WAS BEHIND THAT TIPPEX ?? DON’T TAKE MALAWIANS FOR IDIOTS ,, OKAY ??
These are just preambles Chem’bwana wait for real case. Linda madzi apite ndipo uziti ndadala not these fake questions
kodi a Chilima mukutinji?
Arafat is real moto wamapesi. Why was he making all the hullabaloo about nothing, causing maiming, stoning, burning, looting in the name of peaceful demos? I request My Lady, My Lords that he come to court tomorrow in his war fatigues…idiot. I am so happy that me and m people did not vote for this useless boy.
We do know what Kaphale is saying but our problem was results management. After we had voted our results were manipulated and the system has to be checked. Even Kaphale knows that he just wants to be clever so let us see when all the evidence is rendered. The fact now is every vote counts and no one must tample with any areas or polling centres. In football supporters used to cause problems but new rules punish the team every time their team members or supporters cause problems now the supporters do behave. Our votes our respect and we do not need Kaphale to tamper with them. If I were to ask him does he think those people will come to come to ask him questions – no. Therefore their votes must in no way being tampered.
But whose fault it is for providing the wrong evidence? If Chilima’s issue was about manipulating the system , why did he not provide that? Instead he provides about irregularies in polling station documents. Kaphale can only ask relevant questions if he is given relevant evidence.
I want to believe that this information about the results management system will be the pivotal evidence for MCP. Let’s wait.
“Tears” apart really ndiye walilatu ameyo KKKK Nyasa court cases are not boxing matches learn from the west how to report!! Dont give people false hope that they winning etc Judges are not lawyers in these case. The final verdict will depend on all the evidence through out the case and I just you wait until them otherwise they will again start changing the army commanders KKKKKK
Kodi what exactly is Chilima doing at the courts if he has no overwhelming evidence of irregularities? It seems the man is just bitter, nothing tangible. No wonder Jane Ansah is sticking to her guns. She knows that these guys have dug a whole and they will soon fall into it themselves. Jane Ansah does does not owe anyone any resignation, rather it is these idiots that owe her a big apology for soiling her name. How dare they March on the streets knowing full well that they lost the elections? Stop wasting the court’s time, admit that you all lost because you were supposed to form a united front as per Kamlepo Kalua’s assertion but your egos could not allow for such and you divided the votes of the opposition. Chakwera’s 1,6 million and Chilima’s 1 million could have easily carried the day had they heeded Kamlepo’s call and coalesced as one. Now they want a rerun simply because reality has dawned on them. Truth be told, the opposition failed not because Mutharika or DPP were better but because they were too proud to admit they needed each other. Lelo ndi awa, akuyenda limodzi, kumenya nkhondo alimbali imodzi, kugwilizana zedi ngati ma siamese twins.
Exactly unholy union. Unity to destroy other people’s property. They could not (pre-election) unite to serve Malawi.
What overwhelming evidence do you need.
Intent, intent, intent…
Why was Tippex Correction fluid distributed at polling centers throughout the country when it was not part of the inventory.
Attorney General,
Tippex was brought just because?
But never used?
To reconcile figures? So it was anticipated and premeditated that the figures will need reconciling/correcting?
0001% fraud is fraud.
UTM was not prepared for this case. Matama and propaganda has been their showpiece. Wait for MCP petition and the cadets will cramble
Kodi Chilimayi wapangana ndi APM, can someone confirm what has been written here is not fake, MUTU WANGA WAYIMA. Did anyone listen to what was going on in court, PLEASE IS THIS TRUE.
Just wait Che’ bwana, the petition is not torn. not yet.
I believe we still have more time. Chilima will bring the much needed evidence.
when? His cross-examination is closing today.
APA FROM THE LOOK OF THINGS WALEMBA IZI NDI CADET MA JUDGE THEY DONT JUDGE FROM ONE SIDE…WE CAN EVEN SEE APA NKHANI YOTI KAPHALE WAS ASKING OPINION QUESTION FROM THE FIRST DAY APA PALIBE.KOMA NEWSPAPER YAFOTOKOZA BWINO KWAMBIRI…AND YET APA PA NYASATIMES ITS ALL ABOUT ATTACKING CHILIMA BASI. IN COURT WE DONT GIVE EXPLAINATION WHERE THE QUESTION IS A CLOSED ENDED…UNLESS IT IS OPEN ENDED QUESTION. REMEMBER THESE ARE TWO DIFFERENT TYPES OF QUESTIIONS.
SAULOSI SAULOSI
Ndipo MCP ikanaziwa ikanamutaya mkulu ameneyu wagwritsa fuwa lamoto