Kaphale ‘sorry’ to court over losing his cool in Malawi election case

Attorney General (AG) Kalekeni Kaphale offered his apologies to a five-judge panel in the Constitutional Court hearing the historic presidential election petition case for making remarks that were deemed unprofessional.

Kaphale, joined by other lawyers, is representing MEC, being government’s chief legal adviser.

During Cross-examination of Malawi Congress Party (MCP) presidential hopeful Lazarus Chakwera, Attorney General who is representing Malawi Electoral Commission (MEC) in the matter, threatened to stop questioning Chakwera, saying his legal team was over protecting him.

He also incensed the judges while tussling with Chakwera’s lead lawyer Mordecai Msisha a senior counsel, when he suggested that the bench was protecting the second petitioner in the witness stand.

One of the judges, Dingiswayo Madise, reprimanded Kaphale for the remark and ordered him to withdraw it. Kaphale obliged.

Kaphale was also admonished by one another judge, Redson Kapindu, over remarks that were deemed unprofessional. The Attorney General also withdrew and later on repeated the same.

At the end of the proceedings on Thursday, Kaphale offered an apology in his concluding remarks for “one or two things” he said in the heat of cross-examination.

He said he was sincerely sorry for his actions, blaming it on “stress due to cross examination.”

Chairperson of the bench, Justice Healy Potani said they accepted “candid apology.”

Earlier, Chakwera’s lead lawyer Msisha  in his opening statement, said the MCP leader’s petition would focus on fundamental questions on whether Malawi Electoral Commission breached its duties under Section 76 of the Constitution and whether the electoral body injured the political rights of the country’s citizens.

Chakwera continue to face Kaphale in cross-examination this Friday morning.

The MCP presidential hopeful  asking the Constitutional Court to direct MEC to organise and conduct a fresh Presidential Election in strict conformity with the Constitution and Presidential and Parliamentary Election Acts .

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31 replies on “Kaphale ‘sorry’ to court over losing his cool in Malawi election case”

  1. What most commentators have said here is a sign of jealous of Kaphale and his team.We can vote again but still Pitala will win these elections.The Con court can decide on the case after it is done and for all.Its them to give judgment ,Lets wait and see.Modecai Msiska ndimanyi akale osanunkha kkkk!!Being SC does not mean he is a god in law. Others there have expert as well.Bright Theu is very evil indeed.He has personal hatred to Kaphale kkkk.

  2. Kaphale ndi wa nzeru, amene sakukhulupira awafunse atumbuka onse omwe anaphunzira naye Ku chancellor college. Atumbuka amaposedwa ndi mkulu ameneyu Mayeso Ali ONSE.

    1. Dr. Raphael Kasambara ndiamene amamangira in their class. By the way, Kaphale is a mere Mr. A genious without a phd,,,Hehehehehe,,,

  3. Kaphale, you are great. Ngati odandaula akulephera kupeleka umboni ndiye amadandaula chiani? A kumpoto anadzolowera kuonera Mayeso, siizi Amati adzibweretsa umboni mlandu ulu mkati. Thanks Kaphale for showing Chakwera’s reliance on hearsay.

  4. Let us not cheat each other. There was no candid apology from Kaphale and all judges knows it. The candid apology was a figment of imagination from a Mulhako judge. Kaphale disobeyed the ruling that Chakweras’ conduct or character should not be cross-examined but he went ahead and asked the questions in a show of open defiance of the court. His behaviour was a testament of MEC as a whole which acted in a clear biased manner. If MEC was a neutral referee Kaphale would not have had any reason to act in a way he acted. He is serving the interests of DPP and corrupt MEC and he knows that the court is in his armpits. Kaphale looks down on all judges and behaves in a manner that clearly shows that he has a low opinion of all judges. He has on a number of occassion disregarded court directives. How many times have we heard him disregarding the court? My free advice to Kaphale is that he should not forget that no long ago he was fired from the same position and he may find himself in the position he was when he was fired from the same position.

  5. Kaphale is taking it personal cos he knows that if by any chance the ConCourt decides to nullify the election results then him as well, will be the biggest loser that’s why he has taken this war as personal.

  6. The problem with Kaphale is that he was bent on embarrassing our handsome president instead of focusing on real issues. This is a challenge when you get advice from cadets.

  7. Koma Kaphale ndi phale lenileni ndithu! Nkhope kuipa chomwechi ngati mapwala a nkhumba? Komatu sikuyerekedwa kwake ngati adakongola! Tiye nayeni amve madzi!

    1. Thats not good comment i think its time now that whoever makes comments to despise someone should be fined heavily to curb such malpractice

  8. Wakumana nazo Kaphale umayenda mumbali, u thought u will out shine Chakwera and Modecai Msiska then u were wrong.

    These two are not of your level, they are more advanced in knowledge than u Kaphale.

    U thought they will be trapped in your lower level of thinking ?

    Expect more stress than u think.

  9. When someone becomes angrily in court know kuti zavutapo apa. Kaphale sizikuyenda apa MCP yayima ndima evidence oopsa Rerun iyo.

    1. Ayi musawanamidzira aku mwera Kaphale ndi wakwanu komweko ku North kumwera sikungachoke nkhope ya chonchi. Takukanilani, kkkkk

  10. Kaphale is whining too much, this cross examination has indeed proved to be a tough one for this foolish senex. As the wind blows, we see the anus of a chicken.

  11. WAZINDIKRA LITI KAPHALE KUTI WALAKWATSA ZISIYENI IZI AKAPHALE PITALA AKUWONONGERANI MBIRI YANU YA BWINO, YU WERE THE BEST LAWYER KAPHALE BUT NOW BKOZ YU ARE BEING USE BY THESE MAFIAS NOW YU IMAGE NOW IS BEING DANTED

    1. kodi guys, is it true kuti a opposition onse atenga ma lawyer aku north?? chimenechi si chamba? sopano ma lawyers a ku south akadya ku chipatala kodi…………….kkkkk

    2. Koma abale…. ukakhala kuti uli mu chithumba cha mbuli suoona patali….. lets be honest here… Kaphale wamugwiritsa Chakwera CHIPHWISI.

      NGATI CHAKWERA ZAMUYENDERA KU COURT NDICHIFUKWA CHANI MUKUTUKWANA KAPHALE?

      CHAKWERA PETITION YAKE SAKUIDZIWA AND KAPHALE NDI AMENE WAPANGISA KUTI TIDZIWE ZA IZI.

      KAPHALE IS BRILLIANT WHETHER YOU LIKE IT OR NOT.

      AND ELECTION CASE WILL FAVOUR THE RESPONDENTS.

      1. That’s true Mr zigege,chavuta ndi kusavomereza kut analuza chakwera palibe chomwe wabweretsa ngat mboni yake,.

      2. Brilliant he may be, but he did not demonstrate that he was more brilliant than Chakwera. And, yes one may be brilliant but that does not mean one is the most brilliant. The suggestion that Chakwera does not know his petition is rubbish! Kaphale wanted Chakwera to interpret the petition from the legal angle. That is not up to Chakwera to do. He has lawyers to do that. This is the very reason Kaphale was being dwarfed by Modecai. If he is truly brilliant, let him face his fellow lawyers.

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