Kaphale shreds Chilima, Chakwera petitions: ‘No valid vote was affected in Malawi elections’

Lawyers for the Malawi Electoral Commission (MEC) winded up the hearing of the historic case in which first petitioner Saulos Chilima and second petitioner Lazarus Chakwera are seeking a nullification of presidential results in the May 21 Tripartite General Elections by tearing into the evidence of the both Chilima and  Chakwera asserting that the case had not been proved and was not supposed to be brought to court.

Kaphale:Petitioners can’t rely on general pleading of irregularity
Chilima of UTM (L) and Chakwera of MCP are jointly asking the court to nullify poll results

Attorney General Kalekeni Kaphale, who is MEC lead lawyer,  queried why the petitioners both failed to come up with alternative results from their parallel tally centres six months after the May 21 elections.

“Daud Suleman [It expert who was witness of Chakwera] confirmed that this was the mandate of the party parallel tally centre. He even said he was able to get the final tally from the system he designed.

“For all what Mr Suleman has been able to say, demonstrate and dramatise about result management, what has prevented the party from aggregating the data and come up with a different result from what MEC has, they had all copies which were placed on the website,” queried Kaphale.

The MEC lead lawyer, said the burden laid with the petitioners to prove whatever they were alleging regarding the result management system (RMS) that it malfunctioned and came up with wrong results.

“We spent hours demonstrating but the main issue was to show that the results received were wrong or different from those sent from the constituency tally centres and they failed,” he said.

Regarding absence of commissioners to present evidence in court, Kaphale said the Electoral Commission Act (ECA) allowed for delegation for the Commission in the discharge of its duties.

“There is a statutory provision within the ECA to delegate. The Act talks about the functions of the Commission and the manner in which delegation should be done.

“I don’t think by any stretch of imagination that the delegation which was provided under the law was an irregularity. There was no way anyone expected the Commissioners to be at 5002 centres and 11,000 plus streams. They had an ability to delegate,” he wondered.

Kaphale added that MEC brought the officers who had first hand evidence with the elections process like Director of Elections, Henzily Munkhondya and Chief Elections Officer, Sam Alfandika who ably answered the questions.

Kaphale also noted that the petitioners did not prove intimidation, influencing voters, unauthorized person being found with ballot papers and ballot boxes.

“They withdrew witnesses relating to this allegation. They can’t rely on general pleading of irregularity,” he reasoned.

He added to the list of allegations not proved, the claims that in some cases the total results were more than the number of registered voters, that ballot papers were not handled with maximum security and presiding officers not signing tally sheets.

Kaphale also observed that both Chakwera and Chilima did not demonstrate how use of the fake results sheets affected the valid votes of any candidate.

“Someone alleges, that votes were affected, he had monitors then he should show the contrary results. MEC asked the same question before  announcement of results but the second respondent went to the court demanding a recount instead.

“It should worry everyone that with all the facilities that are there, someone can report that this result was a duplicate, throw it away, yet their monitors were at a polling station, witnessed the polling and know how many votes their candidates got. The question should be, what do you say about the vote count because the process was so transparent?” he explained.

Regarding the use of altered tally sheets, Kaphale maintained that the use of Tippex was for correcting errors and no valid vote was affected, a fact that was attested to by both Chakwera and Chilima during cross-examination.

He explained that the auditors verified any form with problems by verifying with the results in the record log book and even MEC staff at the main tally centre before approval by the Commission.

“Is it very surprising that they have not brought any monitor? If you had a contrary result would you still have it in your jacket? What we have here could not have been a case here at all,” he said.

Kaphale said it was not proper to throw away valid votes when their validity has not been challenged just because a monitor or presiding officer did not sign.

“Chakwera was asked what are you saying about the results, should they be thrown away, he said ‘no‘ adding that every vote counts. But Counsel (Modercai Msisha) seem to suggest that they should be thrown away,” he wondered.

President Peter Mutharika, a 78-year-old former law professor, through his lawyer Frank Mbeta, also argues that the election results reflect the will of the people and that he legitimately won.

The Court has finished receiving oral submissions and is now going to analyse the evidence and come up with judgement within 45 calendar days.

Constitutional Court chair Judge Healey Potani making concluding remarks in court thanked all stakeholders in the case for their discipline and commitment to pursuing justice, pointing out that the journey had been long and epic.

Potani is leading a panel of High Court judges including ivy Kamanga, Dingiswayo Madise, Mike Tembo and Redson Kapindu.

 

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Kennedy nali
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Kennedy nali

Were mec regulations followed? Did ben phiri admit wrong doing? One any irregularity is not allowed 1% to 4% so as mec official’s admitted of irregularities and lies. If it were up for me i would go for rerun.

If our judges will do their job for the sake of money that will lead for the destruction of our lovely nation.

ERUTU
Guest
ERUTU

……………………………..ma Opel Kadett muli m’madzi chaka chache ndi chamawachi mutinyambita ujeni………………………………..

ERUTU
Guest
ERUTU

…………………….Kaphale wagwa nayo fumbi kuti kobooooooo……………………………….

Baboon
Guest
Baboon

You Kaphale have disappointed me even your face and eyes can tell that there’s no truth in you. Let’s wait from the judges.

Kanyimbi
Guest
Kanyimbi

Hon Kaphale can u cash a cheque with all relevant signatures but written on a plain paper? The bank will only recognise a cheque that was printed in conformity of a cheque not because the figures & signatures are correct.

Charles
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Charles

Comparing apples and oranges..

Tizanka
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Tizanka

Are votes cheque?

Justice Usiwa
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Justice Usiwa

MANEB has its regulations for their candidates sitting for their examinations, such as;
1)Likasa not allowed
2)Candidates no murmuring
3)Phones not allowed in
4) làte coming in the examination room
5)Posts in an examination room
6) and many
If these regulations have not been followed and found during writing.
No Head teacher of a school that has committed a list of examination
regulations can go to court and say my candidates examinations answers
ARE VALID yet regulations are clear and bold.
Kamphale kuti bwanji?

Justice Usiwa
Guest
Justice Usiwa

He does not want to be schooled that all votes that Muthalika accumulated came in due to alternation, tipex paintings ,RMS entries by ghost users changes made at constituency tally centers,How do you validate votes that have been changed in favor of Muthalika.All those votes can not called Valid when MEC regulations were not followed.
Busy singing the song of valid votes sent by is Master Muthalika.He thinks that is his
all that can defend their style of rigging.

PATRIOTISM
Guest
PATRIOTISM

HONORABLE ATTORNEY GENERAL KAPHALE HAS PROVED TO BE VERY SUBJECTIVE IN HIS INTERPRETATION OF BASIC ELECTION ISSUES.TO ME HE IS A LIABILITY AS GOVERNMENT CHIEF LEGAL ADVISOR. HIS CONDUCT IS THAT OF A MUTHALIKA CHIEF LEGAL ADVISOR YET HE IS BEING PAID BY TAX PAYERS MONEY INCLUDING THOSE ANGRY TAX PAYERS FROM NSUNDWE.HOW CAN KAPHALE SAY VALID VOTES WERE NOT AFFECTED WHEN OVER 1 MILLION VOTES WERE AFFECTED BY ALTERATIONS DONE IN BAD FAITH .THE UNPRECEDENTED NARROW GAP BETWEEN MEC’S NO.ONE(MUTHALIKA) AND NO.TWO (CHAKWERA) TELL A STORY, THE MAGNITUDE OF THE USE OF TIPPEX, THE LIES, INCONSISTENCIES AND CONTRADICTIONS BY… Read more »

Tizanka
Guest
Tizanka

But Mutharika is also paid by taxpayers sir

Destroyer of liars
Guest

Kaphale was asked by the ever alert justice Ivy Kamanga to explain why after opting to use duplicate forms due to excessive tippexing ,as confessed by presiding officers, they did not attach the original form to the duplicate to ensure transparency? What answer did Kaphale give to the judges?

Maliseche a Pumbwa
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Maliseche a Pumbwa

Case closed! Nkhani ndi imeneyo if kamphale can’t answer that question then the verdict is obvious!!!!!

Fake Petros
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Fake Petros

Kuti munthu kuti muonetstse, kumvetsetse kwambiri (read in between lines), Kaphale amayankhula zambiri koma with little substance. He uses intimidation, bully words, confusion jargon, to advance his legal cause. It’s good judges have notef that weaknessand have started exposing his empty rhetorics.

Tan
Guest
Tan

this holds no water because the duplicates that were being sent were the form 60 Cs. however the same information was available on the form 66C. which means the figures could have been compared. however the petitioners rushed the case and did not bother to check this form.

yobu 13 13
Guest

koma anthu oluza mmm ….sawona chabwinotu ,chilichose amangowowoza ayi pepani …dikilani 2024

Kotakota mtalamo
Guest
Kotakota mtalamo

Kape iwe yobu 13 13
Unya uwona

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