Kaphale refuses to be led into trap by Chilima lawyers in Concourt
Attorney General (AG) Kalekeni Kaphale said he will not be led into a trap by lawyers of first petitioner Saulos Chilima to limit his cross-examination, telling the court that he wants to be on record by mentioning each and every electoral form under dispute in the ongoing presidential election case.
Marshal Chilenga, one of Chilima’s lawyers, objected to Kaphale’s line of questioning, saying he had noted the answers to the questions on duplicate tally sheets.
“There have been two to three questions whose answers are the same. Can they not be treated as a bunch and have one question asked so that we do not delay?” said Chilenga on Tuesday afternoon in Constitution Court (ConCourt) as Chilima endured the fourth day of cross-examination in the witness box.
However, Kaphale told the court that he has to mention every form because he has to be on the record.
Kaphale, representing second respondent Malawi Electoral Commission (MEC), in his capacity as government’s chief legal adviser, said he has lost cases before for being not on record.
“I hope I’m not being led into a trap. As I said, I have lost cases before. So I’ve made a compromise I will only mention 20 forms but the witness will have to be checking whether there are signatures in the forms that I’ll be mentioning,” said Kaphale.
Kaphale further explained that there are certain forms that do not have any signature hence, the forms cannot be treated as the same as suggested by Chilima’s lawyer.
Chilima and second petitioner Lazarus Chakwera the leader of Malawi Congress Party (MCP) are arguing that the May 21 Tripartite Elections lacked credibility and must be declared null and void.
The petitioners contend that President Peter Mutharika, the first respondent, “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.
Kutha kwa chilima uku ,.kutha ma plan kwafika tsopano ng’ang’ang’a uja watha pano nde uyilowa ndi iti
Kodi kaphale akudya za bwana wake mumati atani?? Mai madando anakana kuti sanapeleke TIPEX koma apa akaphale akufunsa achilima kuti TIPEX amapangila correct ma figures kkkkk zoopsya kwabasi.Kodi even ku BANK munthu akulembela katsamba kaja ukatenge 1mil so iwe busy kuwalitsa ma number ndi TIPEX bank ingakupatse ndalama?????????? Tandithandizeni pamenepa
Apaso pali za bank Mr azako achilima akuyankha bwino zedi inu nanga mwatani
Kikiki Ngakhale anthu akuwuze za nzeru, sizingakuthandizeni inu apa.
From the start of the case, it clear that Kaphale is not a competent Lawyer to represent MEC. His knowledge of elections is too shallow, he had better engage another Lawyers to do the cross-examination. He is a good lawyer I admit, but in other matters not constitution.By the way a Lawyer is supposed to keep his cool and remain focused on the issue in hand. There is no way a witness will agree with a Lawyer’s cross-examining throughout, so don’t lose your temper.
CHEM’BWANA MULI NDI MBALI NDIPO MBALI YANU TAIDZIWA….KOMA PA PLATFORM YANU IYI YA NYASATIMES TIMAGWIRITSA NTCHITO MAINA ONAMA NDIPO INU MA EMAIL ADDRESS ATHU MUKUWADZIWA KODI SIMUDZIPEREKA MA EMAIL ADDRESS ATHU KWA AJA ADAPHA OYIMBA WAKUCHILEKA ,EVISON MATAFALE KOMANSO NJAUNJU, ROBERT CHASOWA, MA ALUBINO, KWACHA GHAMBI AND MANY MORE KUTI ACHITE NAFE ZOMWE ADAZOLOWERAZO? MA LOYA NDI INU AMTOLANKHANI MUKUFUNIKANSO MADEMO ANUANU CHIFUKWA CHOKHALIRA KUMBUYO ZOIPA…TAONANI AKAPHALEWA NANGA MBC…MISONKHO YANGA NDAIDANDAULA…
Can somebody tell Kaphale that as a public servant, the AG’s job is this case is not to defend any side but rather to witness delivery of justice by the independent judiciary.
As an independent body MEC needs to hire its own lawyers not using government staff such as the AG. If MEC is part of government, then we wasted time queuing in the cold May 21 because all civil servants are expected to tow the line of government of the day.
The constitution provides for clear alternatives of negotiating for justice if the civil servants decide to collude to serve only a few people, and neglect the population.
The demos should be peaceful and meaningful. Next time, they should peacefully camp at the airport for some weeks, not breaking people’s small properties in town.
I strongly agree with Kaphala.Kaphale as a AG is supposed to advise the Govt on legal issues and not to defend this stupid government
The Chilima side just wants to stop things, first they want Chichewa stopped, now they want to shorten the questioning! Let Kaphale do his job and you your job. THE FACTS WILL BE VERY OBVIOUS AND THE CONCLUSION WILL BE DRAWN.No don’t fll into a trap Mr Kaphale! these people have no case so they will try anything!!
Nambewe dont take kaphale as a dolo kuma lawyers. For your information crossexamination has not yet done to MEC Jane peter side. If you know Modecai the Great you could have kept quiet and watch.
Secondly young judges in lilongwe are not stupid they know what went wrong they cant destroy their careers and reputation because of this straight forward case.
Thirdly if MEC witnesses or presiding officers will agree the use of illegal Tpex that’s irregularities, if they will acknowledge the presence of individuals (politicians) at polling stations.
Kaphale mainly is examining chilima opinion not really application of the law or MEC regulations.. kodi mmesa jane ansah akhaula. Chilima is not stupid has been chief executive and vice president and has been advised siopusa. He just set the ball rolling for Chakwera and sell his party as he kills UDF and DPP.
Kaphale sidolo ayi nde bolaso wezi kaira or raph kasambara . Kaphale was appointed politically kudziwana. Wait for MCP TEAM .
DPP didn’t not win elections APM Knows, ndipo ndende ikumudikila wait and see
Zawadi ndiwe dolo, ndaimika manja, what you have said is 147% true.
Kaphale take them head on these stupid folks. Sikupeza maunitsi ayi. When he was vp, some pipo were working for him and a big group for that matter komaso samasokosa pano watipeza kunja kuno umvetsaso timakudikira. Ukakhala pamsana panjovu usamati kulibe mame. This is the end of the end of arafat. The beginning of the end started when he chose to snap the party that was started by kambala. Pano watsala nazo wekha. I can forsee kaliati, kalindo and co going back to dpp anytime soon.
If I am to borrow a leaf from Kaphale’s way of questioning: what percentage is made so far from Chilima’s responses? Does it constitute 1%? If not, is it worth cerebrating or insulting anybody? The game is not yet over, and it might be wise to wait and comment when it is over!! Sitiona winanso attached by heart attack? Lets wait and see…………………………….!! This is merely kuchikuto or page i and ii not even page 1!
Take them head on amatitenga ngati ndife opusa pano aya kuchonga zitatuzitatu awona kuti apanga bwanji
Keep turning more fire on Arafat. Anazolowera kufoila ndi Zainab Badawi
KAPHALE WAB
We need a free and fair court process, everything must be exhausted…sitikufuna wina azizati tippex fyofyofyo kutsogolokunso….
It will still go in history books kuti DPP is tippex government whether you like it or not. Jane Ansah accepted that tippex was used even though MEC did not supply it.
Kaphale is so scared of Chilima’s Lawyers. Much as he wants to go along by following his conscious, he may realise that the advice from the Chilima’s team may have saved him. By allowing everything to be on record may have its negative consequences as well. I heard him say he once lost a case by not getting everything on record – I wish that was indeed the reason – I find the argument weak. Does he think he is going to win this case? The real battle will be between Lawyers from all camps to argue the case. He may enjoy now by showing to the nation that he is cleaver because he dealing with a layman in law.
kaphale is the big man just wait and see….
akuopa a bwanaaaaaaaaaaaa ake a ku chipani osati a Malawi, don’t forget section 98 [1] tell us his office is a political office and if he looses he knows he will go with APM!
BIG UP KAPHALE
Galu kwabasi iwe
I am thinking that Kaphale just want to waste time because this case it showed that some centre were wrong doings
Zoonadi nkuluwe