Kaphale wraps up Chakwera cross-examination, ConCourt says ‘the journey still continue’: Malawi poll case adjourned to Sept 30

Hearing of the historic presidential elections nullification petition case in Lilongwe has been adjourned to September 30 2019 after Attorney General (AG) Kalekeni Kaphale on Friday completed his cross-examination on Malawi Congress Party (MCP) presidential hopeful Lazarus Chakwera, the second petitioner.

Chakwera says correction fluid was used on results sheets

Turning up for Malawi Electoral Commission (MEC) in his capacity as government’s chief legal adviser, Kaphale in a one day and half cross-examination focused on several issues that Chakwera had listed as irregularities of his petition.

Chakwera conceded that he had not called any polling station monitor to dispute any valid vote count at any polling station.

The MCP leader noted that although he had alleged that throughout Malawi presiding officers did not file result summaries, this was not true as the election results were determined using the very tally sheets that he said did not exist.

He also noted that though he had alleged that monitors were not given results sheets, this was not very correct as he would only parade three  witnesses from  three polling centres in Zomba Malosa Constituency who made the allegation.

Asked if three polling centres will be a projection of the whole country with 193 constituencies, Chakwera said: “ A breach of a single law is a breach of the law.”

Then Kaphale asked: “Are you competent to say that?”

In  response Chakwera said: “If what –I have said is wrong, let the law prove it.”

Chakwera also stated that the party had parallel voter tabulation centres. However he conceded that the centre did not do a comparative tabulation of results for the whole country to enable them show the court which stream at which polling centre had a discrepant result so that the same could be investigated.

The MCP presidential hopeful had also in his petition alleged that the result transmission process was fraught with difficulties. However, he conceded that they had not demonstrated any single result that arrived at the national tally centre altered or tampered with.

Towards the end, Kaphale asked Chakwera to comment on a news conference he held in May in which he talked of   “bloodshed” in the country.

But one of the judges Redson Kapindu stopped Kaphale on that line of questioning, saying the court had already made a ruling stopping cross-examination on Chakwera’s character or conduct.

“We are not here to hear political machinations, we are here to look at the facts,” justice Kapindu said.

Kaphale ended his cross-examination by thanking Chakwera for his corporation.

Chairperson of the five-judge panel, Healy Potani told Chakwera that the first respondent, President Peter Mutharika’s lawyers will be next to cross-examining him.

“The journey still continues, “said Potani, who adjourned the matter to September 30.

“That will be a day when the cross examination shall continue. You can go back and rest,” Potani added.

Potani said from September 30, the intention is to sit for another three weeks running which will take the matter to October 18 2019.

In his opening statement,  MCP lead lawyer Mordecai Msiska said  Chakwera’s  petition would focus on fundamental questions on whether MEC breached its duties under Section 76 of the Constitution and whether MEC injured the political rights of the country’s citizens.

He  further said the petition would demonstrate to the court fundamental human rights principles and provisions of the Constitution, including those stipulated in Section 12, were violated; how MEC failed to conduct an audit of the results as obliged and flouted the procedures of managing elections as stipulated in the election management manual throughout the process.

Msisha said the electoral body “renegaded” on the stipulated processes aimed at producing credible results and the petition will provide evidence to demonstrate that the election results were “undue returns”.

Added Msisha: “There was a result management system and any renegading of that system should be considered an irregularity. On the audit process, we will demonstrate that we still do not have an audit report. We will place a lot of attention on the fact that when you consider MEC as a constitutional and statutory body we will be showing that a marked unwillingness to be forthcoming to place before the petitioners and–when you consider Section 40–the nation, to explain this is what happened. There was clearly an attempt to suppress transparency.”

Being heard by a panel of five judges, Potani, Mike Tembo, Dingiswayo Madise, Redson Kapindu and Ivy Kamanga, the case has UTM Party president Saulos Chilima as the first petitioner, Chakwera as the second petitioner. President Mutharika of  Democrtaic Progressive Party (DPP), in his capacity as the declared winner, is the first respondent with MEC as the second petitioner.

The petitioners contends that Mutharika “won a fraudulent election” fraught with irregularities, including alleged stuffing of ballot papers with pre-marked ballots, tampering with election results sheets through correction fluid and being found in possession of  result sheets at home.

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JOSEPH CHAGOMELANA
Guest

NDINGOKUPEMPHANIKO OCHAKWELA KUTI CHONDE CHONDE MUSADZIPHE COZ YUDASISO ATAUKILA UFUMU WAMULUNGU MAPETO AKE ANADZIPHA SO PLZ GO BACK TO CHURCH & REPEANT ALI OKONZEKA IYE KUKHULULUKA BOLA NEVER BLOODSHELDING AGAIN.

Chizamusoka
Guest
Chizamusoka

Who supplied the fake tally sheets? APM?

Bwampini
Guest
Bwampini

Fake tally sheets were used to change the original tallies that the shoul much the tipex results and pottry the figures as true ones. Anywhere if the originals are faulty, the wrong figure are crossed using one line and signed for. Keep both wrong figure and corrected figure clearly seen.
Fake and unclear(questionable) documents are not accepted for official use.

Bwande
Guest
Bwande

O chakwela kufuna kuyakhula ngati Yesu kwa Pilato, Mwatelo ndinu aloya kkkk . Go and rest my pastor see you on 30 Sept 2019

Forgive them
Guest
Forgive them

Munthu pamulanfu akakhala defensive umangodziiratu,
Chomunyozera chakwera ndi chani mmene nkhani ilili ku khoti?
Inu pititsani umboni wanu tiumve,
Ambili omwe mumanyoza anzanu pano simutuluka mmalawi muno,
Tapitani pa Tanzania, Zambia, even Zimbabwe olo kuli mavuto ,but we’re miles away from them,
Koma ntchito kusapota midiocrity,
Shame,
Ana anu adzakudandaulani anthu omvetsa chisoni inu,

Mwinithako
Guest
Mwinithako

What are you saying iwe fisi iweeee!!Kuyenda paZambia kokatani.Osati kwanu kukasiyako kkkKwagule kkkkPaja Bwande anazisiya mmaso muli mbuuu Chilima Bwande kkkk

True Exposer
Guest
True Exposer

Mavuto omwewo timati Maputo nanu wapoyira ngati ochakwera eti

Xerox
Guest
Xerox

Chakwera is very dull…thank God the country was spared his presidency. Its a curse to mcp for he was selected as mcp leader in 2013 on tribal grounds ignoring capable persons like justice lovemore munlo.

Kaitano
Guest
Kaitano

Now you can call it elected? What does it mean to you?

Kaitano
Guest
Kaitano

In MCP we do things democraticaly not just picking like what you do, who doesn’t know that you are saying this out of covering yourself as a neutral commentator while you are a Cadet? You see how stupid you are? Don’t be like we can all be you, Greet this one under my writing and tell him after your meeting where ever you meet that a new Malawi is coming and this is the time! If what I have said is wrong,, let democracy prove it. Mukuva kuwawa in this historical Election case right?

Mwinithako
Guest
Mwinithako

Ana anjoka inu a MCP kkk.MCP will neve change at all.With the Richard chimwendi Banda,WenHowen Mkaka,Moses Kunkuyu,Sidick Mia kkkk.MCP is devil kkkk.Eeeiishhh MCP is non other than a python kkkk.MCP inapha anthuni kkkk.Ask People from Ntcheu kkkk will tell you what is meant by MCP kkk

Jamax
Guest
Jamax

Pastor Chakwera you are now felling to sleep because of the choice you wrongly made – and because of this you are unable to pray and minister the word of God the way you used to do before you joined politics. Every night the EVIL spirit of politics haunts and am so sure that night mires is just part of your daily life. You have made yourself to be a political slave without a blessing from God that’s why you contest but you do not win, you do your demos on the streets but you go back home without peace,… Read more »

Kaitano
Guest
Kaitano

Satana iwe, zonse walemba apazi palibepo chimene chikukhudza Dr Chakwera, this your own self conflict! Umafuna uzioneka ngati ndani? It’s you and your master you don’t have peace and let it be known from now on ward that you talk evil about Dr Chakwera just to make yourself feel better! Go to hell and never come here! You think Chakwera is so stupid to do this? Why John Chilembwe did this? You must be idiot never again, can’t you see that you have no peace at all just because Chakwera has disturbed your missions of stealing from poor people and… Read more »

Chukambiri
Guest
Chukambiri

Shutup your mouth you Kaitano, to be honest Dr Chakwera is in deep trouble from debits yakatapira, kaya zanu izo zotsatira zothawa ubusa zimatero

tariq
Guest
tariq

fuck off you piece shit.

tung'ande
Guest
tung'ande

He never made this choice himself but only followed Chilima.

Joni
Guest
Joni

So that you can keep on doing the wicked deeds……killing and stealing, shame on you, DPP!

Joloza
Guest

Amayesera mwayi Jamax. Now he will return to the pulpit kkkkk

Bwampini
Guest
Bwampini

It’s only the light which can make darkness dispear. U r just feeling pain. Jesus came to shame the 😈on his backyard. The lost souls are outside the church thats why one has to go outside the church. Which philosophy do you base on.

TASHA
Guest
TASHA

hi 5

Khima
Guest
Khima

Mlandu olo ine ndisali lawyer..mkanaimila MEC mkanawina

Kaitano
Guest
Kaitano

Bodza

Joni
Guest
Joni

Poti sindiwe lawyer……..ukanakhala loya ukanadziwa kuti MEC yiluza….umbuli ndithu!!

TOSH
Guest

CONGRATS MY PRESIDENT CHAKWERA

Peter
Guest
Peter

Palibe chancery mbola zokhazokha…..kumangolira tinaberedwa….show us