Kaphale rips into Suleman simulation as ‘paradox’:  MCP, UTM evidence ‘either hearsay or opinion of witnesses’

December 17, 2019 Zawadi Chilunga - Nyasa Times 65 Comments

Attorney General Kalekeni Kaphale, who is representing Malawi Electoral Commission (MEC)  in the historic presidential elections petition case as Chief Legal Adviser for government, has in final submissions quashed Daud Suleman, an information technology (IT) expert hired by Malawi Congress Party (MCP), who made an elections data simulation in court to indicate that MEC results management system was compromised, saying the testimony was a “paradox”.

Kaphale: Prayed that the court should dismiss the petition for rerun for lacking merit

The first respondent in the case, President Peter Mutharika through his lead lawyer Frank Mbeta also submits that Suleman did not he MEC results management system (RMS) and that he does not have proper Microsoft qualification and was burnt on misleading the Constitution Court.

In a separate submission, Kaphale said Suleman’s testimony did not indicate or any point that the results transferred in the RMS were inaccurate.

“The witness (Suleman) confirmed in court that he did not exhibit a single result that was not transmitted accurately or any result that was relayed and arrived with data changed was given at all.

“One can only allege a failure where there are negative consequences and not have been proven,” argues Kaphale in the submissions.

In the case, petitioners –  UTM Party president Saulos Chilima and  MCP’s presidential hopeful Lazarus Chakwera – are seeking nullification of the presidential election results over alleged irregularities in the results management system and an order for a rerun.

But Kaphale argues that the petitioners’ evidence was based in either hearsay or opinion of witnesses.

He states that Chilima and Chakwera have failed to substantiate any of their claims.

“In the final analysis, therefore, our submission is that there were no irregularities or other factors that beset the election and that even if any were there, they did not affect the result of the election.

“We, therefore, humbly pray for the dismissal of the petitions, with costs,” Kaphale submits to the Constitutional Court.

Attorney General also rejects the allegations by the petitioners that the electoral body did not deal with the complaints lodged prior to the announcement of the official results.

He said the complaints “lacked evidentiary material to support redress action.”

Kaphale continued: “It will also be noted that even those complaints that received a response have made it into this litigation. Issues like duplicates, alterations, counterfeits were all subject to responded to complaints.”

Both MEC and Mutharika’s legal team have prayed to Constitutional Court to dismiss the petitions with costs for lacking merit, stressing it is an attempt to undermine the will of the people.

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65 replies on “Kaphale rips into Suleman simulation as ‘paradox’:  MCP, UTM evidence ‘either hearsay or opinion of witnesses’”

  1. Even by using the term ‘paradox’ in his statement, the learned lawyer has goofed a great deal. What is a paradox? Check its philosophical connotation then you will see that he is alleging the very thing he is denying. In short, he has failed to fully understand the simulation and the whole process of the RMS which Suleiman was able to display, convincing even villagers.

  3. Lol! Wait for the judges & judgement day then ag can vomite whatever he thinks of suleman. Even bp agreed that election was rigged so what’s the point listening to someone whose been told what to say to public. Is not the same past Malawi ag, we are watching your moves dude

  5. A Kaphale akusowa zolankhula …….kodi akuona ngati a Malawi tonsefe ndife mbuli zoti azingotiyenda njomba……awuzane komwe aliko …..chaka chamawa yemwe adamusankha uja akuchoka pa mpando,,,,naye akozekere kudzayankha kumbali yake……

  6. I hasten to add that Sulemani trick was to frambagast the court with usless IT jargons which were not relevant but aimed at exiting the court. If you note most MCP and UTM IT iliterates were celebrating as he vomited his garbage and the judges were also looking at him in awe since they did not know any word in IT. RMS was for result management not result determionation and all information that was entered into the system originated from manual documents and they only way to prove if there were any differrences was to conduct a recount because all the arguments in court on vote total anomalies was based on theories

      2. Too shallow a point. Kodi akulu seriously you write this as a valid point. Iyaiyaiya. Anyway …chonchi if the judgement goes against your party muzadandaula anthu zinthu simumazitsata hahahaha

  7. I believe the ConCourt Judges said they will not be swayed by any shinanigans but evidence presented in court. It might be wise for Kamphale and MEC to take heed of that and not annoy the Judges!

    Merry Christmas!

    1. ignorance iyiyi mukuwonetsa apapa. Understand that this is a submission by a respondent. The respondent by court procedure has to provide a submission after cross examinations and re-examinations. Kenaka tipita ku oral. Aaaa a Malawi tiyeni tidzitsate.

    2. I thought the issues were deliberately confused and distorted to demand a rerun knowing fully well that if the counting was an issue it could be redone and there would be no happiness there. You are demanding a rerun as if voters complained! people voted peacefully. The issue about tippex and duplicate forms were observed before the election was determined. It was only after determination of the results that hell broke loose!

  10. Ine nkhawayanga ndi chikhulupililo mwa mec anthuwa poti amasankhidwa ndi president olamula mpake nanjinso ndi ma envelope amalandila hiiih dzivotani munyanokha konko ku Malawi mulila eloyieloyi kaya amati lamasabakatani

  11. Undermine the will of the people indeed. What is the name of the AG again? I wonder why some people are given that high positions in govt yet they prove to be ……..

  13. Such people need to be punished by all means. Ben phirih and Mec ceo admitted that there were flaws and irregularities. More over monitors signed morr than once each form. Not to mention Chilima and Chakwera were robbed more than 1million votes which were added to that old fool called peter, mec officials admitted this. What more do you want? If judges received cash to defend peter wait and see, there will be severe consquences.

  14. Kaphale just repeating what we heard and observed already. The fact of the matter is that Suleman with his conspiracy theory misled many opposition supporters. He gave them false hopes. The gravity of irregularities in the May 21 elections are nothing but illusions of the losing side

  15. This guy kaphale is just useless, why don’t u stand for the truth? Mind urself this want take u anywhere. You can’t force the people. You can try abcd but to no avail, majority rule

  16. Peter T – this has nothing to do with Kaphale’s face. I know your bitterness– you know the outcome of this case as you cannot outsmart this intelligent guy. Now you are down to personal attacks which wont do anyone any good especially you the loser.

  18. Mr ugly big face kaphale. Why you always think like you are on top of everybody in this country? You failed to be millionaire those years back, now forget it! You failed to perform in the Concourt now you still have That big ugly Mouth talking about someone’s submission, this is how you gonna end your career. Stop think that you are the best in this nation, there is young men that are best than you. Maybe you was good in 15 centuries not in 21 centuries you must get that stupid old fool.

  19. This case is rubbish just to spend money instead of buying chimanga kkkkkkkkkkk tiona mathero ake

    1. Kaphale AKULEMBA SUPP ya Suleman, kkkk
      Suleman apparently has been giving Kaphale SLEEPLESS NIGHTS. Since he miserably failed to effectively cross-examine Suleman, Kaphale ndi DPP gurus akhala sakugona, zikuoneka ngati.
      It is basically an admission anaphika cross-examination. Supp YAVUTA, kkkk. KUNYINDILIRA final submission eti??? An INDICATOR of a NEGATIVE oncoming OUTCOME for defensive lawyer???

  21. NO WONDER KAPHALE UMANGOLUZA MILANDU,NDALAMA ZIKUPWETEKETSANI AKULU,EDUCATED FOOLS……HOW CAN YOU SAY THERE WAS NO IRREGULARITIES????? ANTHU OPITA KU SCHOOL KOMA OPEPELA NDIYE NDIZOMWE MUKUPANGAZI.EVEN INSIDE YOUR HEART UKUDZIWANSO,UPEMPHELEDI KWAMBIRI CHIFUKWA USOWA MTENDERE KU MALAWI

  22. Kaphale you’re so stupid, go away with your stupid mind games, let us just wait for the judges to deliver the verdict. You’ve been exposed and you will be jailed together with your masters, watch the space.

  25. He who alleges must prove. Mec need not prove there was no rigging…its the petitioners obligation to prove there was rigging. Presence of tippex on tally sheets on its own is not sufficient proof of rigging if you don’t investigate its effect on valid vote count. Some 175 valid vote error in mchinji is not enough to warrant nullification. After hearing both sides of the argument i think this case should be dismissed

    1. Case is dismissed with costs. From the beginning opposition’s case lacked merit. Just a bunch of disgruntled leaders taking advantage of poor illiterate Malawians to make them believe they won. Nonsense, mubweze ngongole za campaign osabisala behind “”Atibera”’

    2. You must a Big Cadet yourself.Why did Ben Phiri and Jane Ansah give contradicting response when both separately quizzed on the origin of Tippex Mr Kachewere? I doubt your level of thinking here, the issue is crystal clear that DPP with the assistance of MEC rigged the elections and what is needed is nullification of the election results period!

      1. @alex, Ben Phiri and Jane Ansah gave contradicting response that’s sign dpp and mec did not collude. do you even understand your own comment? low iq, greed and suspicion have driven you crazy

        1. Low IQ yiti nanunso? Kuzipopa za bodza.
          It is only people who a telling a lie that give an inconsistent story. It is almost impossible to stick to one story line all the time even from same individual

  26. Kupusa kwinu mwayamba nikale posting after posting after posting meaning you have failed and now you are trying kunyenga wanthu kuti wati mwawina awah that’s no sense. Ndiposo your taking as it is for your family mwanikwana ine upresident munyumba yakwinu pera nga mbu Village eish gooooo Pitala we don’t need or love you anymore even though I have never ever liked before cos one of your scrul is out from your head

  27. I join those who criticize the Author this article. He is amply BIASED to wards Kapale. There is nothing new that Kapale has said. Besides, he leaves out the previous related outcomes that are contrary to what he has written.. He/she thinks Malawi Readership is dull. Please stop being sensational and serving as Spin-Doctors. You will make the enlightened Readership of your Nyasa Times lose faith and trust.

  29. If anybody had any amount of doubt at all about Daud Suleman, then this should be reason enough to tell you the guy killed it. Awa a Kaphale ndi anzawo a Mbeta sakumwa naye madzi. The guy destroyed them

  30. But you were in court Kaphale and you had the opportunity to thwart the witness statement of Suleiman but the best you did was to skirt around the hotspots of his witness statement. Kwanu kwatha a Kaphale and just wait for your day in the dock to explain your unprofessional conduct during the trial. You are supposed to be the neutral custodian of the very constitution forming the basis of this electoral case but, knowingly, you chose to take sides by representing MEC and APM. Tionana posachedwapa agwape inu!

  31. You have done your part Bwana AG and mwayesesa. Koma dziwani kuti si inu nokha mumadziwa za malamulo ai!!! Asiyireni anzanu naonso aunikepo pa nkhaniyi ndipo dikirani kuti zitha bwanji?

  32. The author should not paint rose picture of Kaphale’s submission. I have read it all. There is nothing , apart from showing his pay masters that he is doing something, to turn the tables in his favour. There is nothing new in his submission. If he failed to pin down Suleman during x-examination where are new facts coming from. He has actually not touched on the auditors report, why Commissioners did not defend MEC, why they failed to disclose what the court ordered them, who authorised batching of results. He wants international treaties to replace our own local laws. He compares Sharia law in Nigeria to our electoral law, sure mr Kaphale. Just how MCP and UTM lawyers will tear apart your submission. You read their submission first before writing yours now they have read your submission and respond accordingly.

  33. Apa pa nthina batsi, bring in relevant facts to back that election were not rigged. The petitioners have managed to prove beyond reasonable doubt that election was rigged.

    Suleman wakuvutani kwambiri, both Mbeta and Kaphale submissions are after Suleman only bcoz he has managed to expose u from your hiding jungle. Tell Jane Ansah to start packing, no backing of each other u judges should take note of this.

    1. Actually in court it’s for the petitioner to prove that it was. unfortunately nothing solid enough. just shooting in the dark

  34. Academic arguments. One wonders why Alfandika and Munkhondya could not articulate issues in the same manner Kaphale is attempting to do😂😂😂😂

  36. kkkkkkkk this is pure opinion or hearsay submission which will yield nothing in the court of law. This case was every voter and we have already heard substantial evidence in this Concourt so the submission is baseless. For the first time Malawi will have Concourt stop the rigging behavior in this country. One of the things that has led to this be the poorest in the continent is elections that has not been done according to the will of people. MEC has been putting leaders of their choice not peoples choice and this stops 2019 elections. We need sanity at MEC and new MEC IS REQUIRED ASAP. JANE ANSAH MR MUTHALIKA PAULENDO BASI.

  38. It is up to the judges to judge who is correct. Do not be judges. Any lawyer will try his best to show that his/her client was not wrong.

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