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

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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Ada
Ada
1 year ago

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.

Political commentator

Either hearsay or opinion of witness? So it means he doesnt know which is which because he uses either Or. Infact, RMS does not provide opinions……SULEMAN riped into your defence.

Sandram
Sandram
1 year ago

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

mtete
1 year ago

Was it really ripping or glossing over the evidence? Anyway, it remains to the judges to determine the success of the ripping.

Klaus
Klaus
1 year ago

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……

tung'ande
tung'ande
1 year ago

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… Read more »

Fraerics
Fraerics
1 year ago
Reply to  tung'ande

My lady my lord ndi nzerube amwene sikukokera ma pointskkkk

Lego
1 year ago
Reply to  tung'ande

If Suleman was wrong why your MEC IT man did not urgue Suleman’s simulation instead he went on MPs?

Tiyeseni Phiri
Tiyeseni Phiri
1 year ago
Reply to  Lego

remember the restriction imposed on him?

Muheni
Muheni
1 year ago
Reply to  Lego

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

Tiyeseni Phiri
Tiyeseni Phiri
1 year ago
Reply to  tung'ande

correct analysis! The RMS never determined the winner. The votes did!

Political commentator
Reply to  Tiyeseni Phiri

RMS has no brain, it accepts what you input…..some of the data which was put into it were NOT votes. They were data from fake ballots.

Apumbwa
Apumbwa
1 year ago

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!

Muheni
Muheni
1 year ago
Reply to  Apumbwa

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.

Tiyeseni Phiri
Tiyeseni Phiri
1 year ago
Reply to  Apumbwa

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!

Justice Usiwa
Justice Usiwa
1 year ago

Chokanika kuchikokera.Be open achikana kwa mutu wagaru.Chàpitala

joseph
joseph
1 year ago

BASELESS ARGUMENTS NOTHING SUBSTANTIAL.

mananjalo
mananjalo
1 year ago

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

ICT EXPERT
ICT EXPERT
1 year ago
Reply to  mananjalo

Are you now undermining GOD!!! Let God be God and politics be politics!!!!!

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Chilima, Chakwera failed to prove rigging: MEC submissions in Malawi poll case

Malawi Electoral Commission (MEC)   has given its defence submissions in the historic presidential elections petition case with Attorney General Kalekeni...

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