Kaphale shreds Chilima’s elections petition: UTM leader concedes claim of ‘plethora of irregularities’ in Malawi polls exagaratted
Attorney General (AG) Kalekeni Kaphale on Monday afternoon in historic presidential elections nullification petition case, continued to cross-examine the country’s immediate past vice-president Saulos Chilima, the first petitioner, drawing him to tell the court that he exaggerated the level of irregularities as his claim only relates to 0.5% of the total polling station of 5002 polling centers.
Chilima had claimed in his petition that the May 21 elections were married by “a plethora of irregularities ” and listed seven types of such.
But turning up for Malawi Electoral Commission (MEC) in his capacity as government’s chief legal adviser, Kaphale during cross-examination on day three of UTM leader being in the witness box, he made Chilima go through the affidavits filed in his petition where he mentionied the names of the monitors and the polling centres where the alleged bribery occurred.
One of the affidavits by UTM monitors say that Brown Mpinganjira, a senior member of Democratic Progressive Party (DPP), was seen providing money to monitors and also voters. The affidavit claims police had blocked UTM monitors from taking pictures of the bribery.
Kaphale asked Chilima about the media reports that UTM monitors have not been paid in which agreed it is true. He then asked whether paying monitors is a bribe in which Chilima said monitors deserve to be paid as contractual obligation for the work done.
The Attorney General also argued against an affidavit which mentions alleged bribery by DPP Regional Governor for South Charles Mchacha in which he said the affidavit doesn’t mention bribery of monitor.
Out of six of the seven cited irregularities, Chilima conceded that the cited irregularities, which were not admitted by Malawi Electoral Commissio (MEC), affected a minuscule percentage of polling stations as follows:
- Intimidation of Monitors = 0.16% of all polling stations
- Bribing of election monitors= 0.019% of all polling stations
- Presiding staff influencing voters who to vote for= 0.13% of all polling stations
- Unauthorized persons being found with ballot papers and ballot boxes= 0.12% of all polling stations
- Arrest of persons for polling offences= 0.06% of all polling stations
- Failure to deliver the ballot papers under conditions of absolute security = 0.04% of all polling stations .
In the final analysis, the former vice-president was forced to take back use of the word “plethora” on these six cited irregularities as it did not reflect the situation on the ground.
Here is part of the gruelling cross-examination:
Kaphale: Dr Chilima having agreed with me that the centers cited in your witness statement as being affected by irregularities have nothing to do with the said irregularities, what percent of the centers is remaining?
Chilima: 0.5 percent, my lady, My Lords
Kaphale: In your petition, one of the grounds for asking the election results to be nullified is that you say the elections were affected by a “plethora” of irregularities. What is the meaning or another word for the word “ plethora”?
Chilima: A lot, my lady and my lords.
Kaphale : The Dictionary meaning of the word “Plethora” is “a large or excessive amount”. Are you aware of that?
Chilima: Yes I’ m aware .
Kaphale: Would you then say5 percent of anything is a plethora, a large amount or an excessive of anything as your petition alleges?
Chilima: No response
Kaphale: Would you then agree with me that your use of the word “plethora” in discribing the extent of the irregularities was wrong?
Chilima: I don’t agree
Kaphale: So as far as you are concerned you are telling the nation that .5 % of anything is a large percent or excessive percentage of 100 percent of that thing?
Chilima: Yes, my lord my lady.
Kaphale: Thank you. We have to stop there.
Attorney General will Tuesday continue the cross examination of Chilima on the allegation of alteration of votes and on other cited irregularities.
Meanwhile, lawyers for Chilima, in fear of Kaphale’s cross-examination for Tuesday where he is expected to grill the UTM leader on each and every exhibits which are close to 2000, have asked for a private meeting for the court on case management.
Kaphale has made it bleak that he will not agree to any limitation to his cross-examination. The Court has since asked Chilima’s lawyers to indicate the agenda of the meeting and that such private meeting can only take place on Wednesday. This means Chilima will continue to be grilled Tuesday without any protection.
The hearing, which other quarters had suggested that will take 24 days, promises to be one of the longest in the history of Malawi with over 800 witness available and meant to be cross examined in the matter.
Follow and Subscribe Nyasa TV :
Let me remind all readers of this.During the presser which MEC chair conducted inreaction to chakweras statement that election should be declared after only afew percentage were counted, Jane Ansah said that the electral constitution provide that every single vote cast shall be counted.meaning no single vote should be avoided .In his own admission kaphale has told the nation that more votes were tampered with hence rerun.
Zafikapa we have all become judges of this case. Amazing. If wishes were………….beggars would ride.
Kaphale should change this to 99.5% that was NOT affected… because I have seen people here confused what .5 percent affected means…you never know even the judges will be confusing .5% with 5 %.
Munthu kuba K1,000,000 ku bank amati asamangidwe coz bankyo ili ndi ma billion?
You need to understand the line of argument here sir/madam. 0.5% is the total presented irregularity. No vote was stolen in the process as per Chilimas response
During cross-examination, it is difficult to prepare because lawyers ask in such a way to push you to a corner. Most often they demand yes and no answers and a few yeses or nos end up pushing you to a corner where you end up agreeing with him. Nothing strange here. If you have ever been cross examined in a court, you will agree. You will never know where the questions will take you to until you are there. And this happens with any lawyer. Wait until the petitioners’ lawyers start cross examining the respondents, it will be the same
Well reasoned John. Yes or No answers do end up pushing one to a corner. Sometimes a YES makes a case fall away such that the petitioner loses whatever relief he had sought. Once again, well reasoned John.
Kunena zoona mlandu uwuwu SKC anangolowela morale ya fans plus kungomva zammaluwa.
pa company apo amapanga temeki koma munthu saloledwa kulawa or 0.000001% ndiye ndikupepha kaphale ndi a dpp kuti aliyese akalawe 0.5%
Condoms are 99% koma mumavala
Kaphale is only shooting himself on the foot. If I sit for an exam, and I do 90% honestly, then cheat 10%, if found out, will I be marked 90% and disqualified the remaining 10%? The other thing most people do not understand is that Kaphale’s job is to discredit the evidence given hoping to sway the judges opinion. Much of the evidence will be brought forward as the case progresses. When it is the complainants turn, they will strive to give as much evidence of rigging and irregularities as possible. This is just the beginning of the case and you do not know the joker your opponent has.
I am a farmer. In total I have 5002 chicken. Last night a thief came and store 2 chicken from one of the chicken huts. We are now in court. The lawyer of The thief is arguing that this only 0.04% of the total chicken available. I dont need to complain. wow the AG of Malawi. Someone should tell me the meaning of Justice am listening
I don’t see why this waste of time!! Words like “many,” or “a plethora” are plural and they mean anything more than one, and or from two!! Sincerely by agreeing that the following indeed happened in more than one polling centre:
• Intimidation of Monitors = 0.16% of all polling stations
• Bribing of election monitors= 0.019% of all polling stations
• Presiding staff influencing voters who to vote for= 0.13% of all polling stations
• Unauthorized persons being found with ballot papers and ballot boxes= 0.12% of all polling stations
• Arrest of persons for polling offences = 0.06% of all polling stations and
• Failure to deliver the ballot papers under conditions of absolute security = 0.04% of all polling stations.
frankly means that Kaphale is agreeing and telling the nation that something serious went wrong!!
When one stops looking at the percentages given and looks at how many voters were affected by these percentages in consideration that every vote counts, one is made to understand that something needs to be addressed here because throwing away these serious figures into the bin, to me might be sending some dangerous messages to the future elections!!
He agreed to nothing! The percentages are for allegations that need to be tested further!
You must be daft to think those numbers are anything serious.The judges also have to consider that every election has a margin of error.The question is whether there is proof of systematic rigging or error amd whether that would influence the result. For example..there is proof of Russian attempts to influence the 2016 American election but there is no proof that it influenced the results of the election.
this coming thursday a kaphale ndi MEC aluzanso ku supreme court of appeal zothetsa nkhaniyi…MUKUFUNILANJI KUTHETSA NKHANI YOTI IKUKUYENDERANI BWINO KUKHOTHI?
The mistake was to commence the case before the appeal was heard and decided.
mutu wa nkhani inu amene mwalemba nkhaniyi ukanakhala wakuti kaphale contradicts MEC chair …chifukwa mai jane ansa anati madando onse anathana nawo so much so that zisankho zinaenda bwino….patali mwina nkumaonanso akaphale akuyesayesa kuonetsa kuti zisankho zinaenda bwino mmafunso awo at the same time contradicting his master APM paja nawonso akuti anaberedwa ma voti ku Lilongwe …chiyembekezo changa nchakuti APM adzabwera okha kudzayankha audial yomwe tasunga ngati umboni yomwe iwo adanena pa nsonkhano ku mjamba kuti nawonso akudandaula ndi zotsatira zazisankho..mai jane ansa abwerenso kukhotiku….kodi mai jane ansa akudziwa kuti a kaphale ayesesa kuchotsa ma monitors a utm mumlanduwu koma kumbali inai akuvomera kuti ma presiding officers ndi ma clerks ankapanga katangale? this contradicts her past speeches at the tally Centre and on zodiak radio….all our lawyers have to prove is as simple as ABCD …were there irregularities pa zisankho zathazi? basi…tikaona komwe tikuchokera a kaphale aluzisa milandu ingati? dzulodzuloli mikoko yogona anamandwa pa malamulo awauza akaphale kuti evidence of opinion is not admissible in court only with an exception of evidence given by an expart…a kaphale ndwiiii…magalimoto akukwera a chimulirenjiwa alandidwa mlandu ukatha mwinanso mwezi uno nkupitanso kwa chilima …nthawi iyi APM adzavutika kwambiri kupanga misonkhano muzigawo za pakati kumpoto ngakhalenso ku eastern region…chifukwa ngakhale pano APM akuvutika kupangitsa misonkhano ndipo sadapondeko ku mpoto since 21 may 2019… tilinde madzi apite nde tidziti tadala….
SKC seems ill-prepared and out of sorts with his own petition. It’s one thing to bellow like a cow in the streets and it’s another to stand in court and plead your case. These guys allowed the country to burn when they had other avenues of resolving their disputes. Right now DPP’s image of violence and brutality has been spruced up. Instead of focusing on 2024 with a united front now they will have to spend another ten years licking their own self-inflicted wounds.
If a thing was supposed to be 100% perfect,0.5% less is significant.
So of the total polling centers Mutharika won by 3% to Chakwera, by getting almost 38% against Chakwera 35% and Chilima’s complaints ONLY accounts for 5% where somewhere 3% was big enough to make someone to be declared winner , now Kaphale wants to make us think 5% is a small number?
Bulutu iwe. Mutharika won 38% of the total votes casted not 38% of the all the centres.
It’s becoming more clear that Chilima came to make Chakwera lose and Peter win by all means whether it was schemed or not
The case management is not because of SKc’s lawyers are scared it because Kalekeni is asking delay tactic questions. please be professional when reporting your news this is embarrassing
Wrong is wrong, it is not measured in percentage .1 kg of Indian hemp and 200gm ,both caught its punishable.
I continue saying this Chilima guy is an IDIOT…..Mkuluyu ayaluka!!! ndinakakhala ine ndinakanamizila misala kapena kudwala zanga phe !!! osapitako ku court…zafikapa nchibwana, this guy makes Kaphale look like like that GOAT Lawyer
Use of the word “idiot” is not good. It is used on a person who was born with a weak mind such as an imbecile. I have grave doubts if Chilima is an idiot. If he was one, Muthalika would not have picked him to be his Vice President.
Kaphale conduct shows he lack professionalism in law, he is very childish in he conduct. Why laughing when other lawyers representing petitioners are objecting??
Does he think he is more clever than the rest of lawyers and Judges in Malawi?? He is making big mistake for himself and MEC if he try to underrate others.
He must ask Ralph Kasambara. Bcoz when I weigh and compare the two btwn Ralph and Kaphale, I think Ralph Kasambara is more clever than Kaphale.
Even Kaphale is not March to Modecai Msiska SC so Kaphale must term his mouth.
Kaphale know that 0.1 is not 0.
Remember 0.1 is not 0 at all.
The reasoning of Kaphale is wrong and illogical. He invited Chilima to calculate the percentage of the polling centers affected which is wrong. This would have made sense if all polling centers had same number of voters. 20 polling centers with 1000 voters or less would contribute less to the total vote count compared to 1 polling center with 50000 voters even though it may contribute less to % polling center count. Every vote should be counted and if it is not counted then MEC which has the constitutional mandate to conduct elections in a free and fair manner is supposed to address/correct the situation. A single vote not counted may be a symptom of a major problem in the way elections were conducted. No irregularity is allowed if it was done in breach of electrol laws of the land i.e. biased/corrupt MEC officers. What is very clear is that the election was incomptently handled by a compromised MEC.
Goodness. If you have been following properly. Chilima has a qualitative case with regards to those figures and not a quantitative case hence your explanation is irrelevant. Chilima said that there was no fraud with regards to those issues. Those figures were just meant to show that chilima exaggerated that he had a plethora of evidence. Hence the withdrawal of the word plethora. Basi
Well the reasoning of the AG is flawed. Voting is a constitutional right of every citien who may have followed all the prerequisite procedure to vote. If it can be demonstrated that a vote was willyfully and unconstitutionally ignored by the MEC then MEC can be held accountable. In Kenya, a rerun was ordered based on less than 0.001% vote which was mismanaged by the electrol commision.
In Kenya the figures being reported of valid votes at the polling stations were different from those that were being recorded at the tally centre. Please revisit the case
The issue is about substance and NOT form. The question is was the will of the people compromised at the time the results were announced?
Chilima what do you want to achieve? Or mayeso munthu utamakhoza chonchi ungapite patsogolo. This guy is a fool. Kuyendetsa bala ndi boma ndi zinthu zosiyana. Matama thoo basi. You are ze big fool. Zikangokukanika izi you will have no friends. It would have been better if you had left this case to mcp alone after making the mistake of dumping dpp. Ndiye kulakwitsa nthawi zonse foolish ceo. Bola yogulitsa airtime. As I always say, selling airtime is like selling chimanga during hunger period. So you cant say wogulitsa chimanga matumba ambiri nthawi yanjala is a good marketer, no. Nkhani ya cellphone is the in thing now. Anathawa ku sobo atawona kuti kugulitsa ma products ake ndikovuta because of stiff competition on the market. Opusa this guy. Tiyenazo. Tsoka lake you are still young, guys this guy should be put on suicide watch by his relatives. He may go like Jeffrey Epstein kumutcha la usa ladzimanga chifukwa chakupusa. I rest my case.
I am afraid; to douse your sensationalism, this is pure amateurish cross examination. Kaphale is experienced and should know this; instead he should be discrediting the numbers presented in the petition not one word out of the many. Numbers are numbers and factual. Words can mean anything. This type of cross examination is a waste of time aimed at delaying justice.
Picking one dictionary word does not win you cases. The judges won’t only look at the word phlethora. When people are saying Kaphale is a smart lawyer, I have to disagree with this sentiment. He is just another daft lawyer who is praised for nothing.
Chilima would have done well to study the election court case in Zimbabwe or to hire the lawyer who represented the opposition in Zimbabwe as part of his team. I think he has been made to admit to a lot of things that point to a weak case. As to the point in discussion, the AG is making a point that Chilima is being unreasonable if he says .5% means a lot, a plethora or many. Personally, I think the new crop of politicians such as Chilima would make good leaders than the tired horses such as Mutharika and hope that next time he comes up with a good strategy. Opposition parties should learn to work together and not split the vote.
In Malawi elections can be won by a single vote difference. So 0.05 of votes is a lot!!
Your comment in dismay really show Kaphale is a brilliant lawyer. You don’t like his line of questioning but I love it. Nullification of results should be based on substantial evidence not just mere allegations. All witnesses should be cross-examined.
Mr Wawathu, you know nothing about law, and you don’t even know what it takes for someone to win a case. So please just stay quiet to avoid showing your ignorance.
Manjaawo. Simply, expressing my opinion does not give you the right to stop me expressing what I feel is a weakness in Kaphale himself. You probably have not read any book of law. Ask proper experienced lawyers who have worked on an international scale dealing with complex cases … and I repeat this type of cross examination of picking dictionary words is amateurish, reseved for recent law graduates. It is schoolboy stuff not from wn experienced lawyer, simple. Words are simply interpreted by their literal meaning. It is simple as that. Too many examples in case law. You can spend all day in court arguing on meanings of words and achieve nothing in the end. If you think Kaphale’s approach is sophisticated, I would question your exposure and understanding to cross examination. You seem to be deficient on these.
Kaphale should show some sophistication … not simply trying to waste time. As many have pointed out, Kaphale is digging a hole for the case he is defending. The case will plunge easily for him.
Kaphale is not good enough. Many people like you cannot see this.
That is that! We shall hear more from other learned lawyers the likes of Titus Mvalo and Mordecai Msiska!!
I disagree to agree with you
Yes, it’s not about language here. It’s about numbers kumene, hence the 0.5% being mentioned. That 0.5% is coming from figures kumene, and it’s not a plethora of irregularities as Chilima portrayed. Chilima claimed that there was a plethora (i.e. excessive amount) of irregularities, hence the need for the court to nullify the presidential election results. What Kaphale (and he’s smart) has done is to discredit this narrative of plethora of irregularities by demonstrating (through numbers) that it’s only 0.5% of the results that were affected by irregularities. So, why do you find this problematic? Let Chilima’s legal team bring evidence to back their client’s claim of “a plethora of irregularities “. Kaphale has successfully poke holes in Chilima’s petition on this.
point of correction; the 0.5% said is not the 5 of votes affected but rather it is the number of centres affected by the electral irregularrities. be reminded that APM and Chakwera difference of votes about 155000. these votes can come from five centres in a densely populated area(s).
Remember that all these so called irregularities did not affect the underlying votes. On substance Chilima has no cause. On form Chilima has no case considering the percentages being cited.
Overall, Chilima has no case!
You seem to be a Lawyer, your critique is out malice and jelousy or undermining other persons Talent. Right now I am listening to the interview, Chilima is failing to defend each and every constituency presented to him. He had Monitors in the selected places, its proved that their monitors accepted, never raised any objection and signed for the results. Sir can you be honest with us where the ATTORNEY GENERAL is goofing? dont cheat that their is any magic in cross examining a complainant, Hon Chilima is supposed to defend his allegations with proven evidence, not just screams and thuggery.
DRANK E, What are you talking about? Jealousy for what – being a lawyer of Kaphale’s calibre? Malice for what? Is it what you think, I would admire? Nope mate… Musatiyankhulitse molakwika. You are just out of words and feel uncomfortable with my comment, because, I punched holes in the approach of your messiah, Kaphale. The problem with many people like you is that you believe in everything, the people you praise do or say. You are robotic and cannot analyse things from a critical viewpoint. You just seem to miss the whole point, I am making. Let me rehash it for you. Read the post of my rehash, in another post, I replied above… Then come back!.
Chilima has no tangible case against MEC…. He’s filed the lawsuit based on personal vendetta against mutharika. This is what Atupele muluzi warned us during the debates that such persons aren’t suitable for leadership and should be rejected. Unfortunately, though we rejected chilima, the man is still not going quietly…just another empty suit
True
ACAPULCO..NDANGOKHALANI CHETE APA. CADET WACHABECHABE IWE. MUNTHU KUBA NDI KUBA KAYA UTENGA SINGANO KOMA WABA BASI. IT DOESNT REQUIRE KUTENGA ZAMBIRI. NDE WITH THOSE SMALL IRREGULARITIES AS KAPHALE PUTS ITS A MISTAKE ALREADY. INU MUMAFUNA KUTI CHILIMA AZICHITA KUONJEZERA ZABODZA KUKOMETSERA MLANDU?
And where is Atupele?????? You mean Atupele the DPP sympathizer? Warned who? You NOT us.
Wait and see.. Opposition lawyers are yet to come in. Thats why APM is supposed to be in the witness box. Just be patient.
Kaphale must not shine on chilima becz is using words for to suit him ,still is going to face his professional like him, cilima never study law does not mean is stupid .wait and see still far away to put conclusion on this matter
doctors do not use do use words which they studied at school to patient always ask question that patient can understand and express the feelings
What I don`t understand is why are Chilima lawyers not objecting to anything regarding the line of questioning or have they got something up their sleeves? Even when you watch movies, you constantly hear the words ‘objection your honor’ koma angoti ziii, not even advising Chilima what not to say. It is not looking good at the moment.