Law expert says Suleman has turned Malawi election case on its head

November 11, 2019 Osman Faiti - Nyasa Times 46 Comments

Malawian legal scholar based at the at South Africa’s Cape Town University,  Professor Danwood Chirwa has stated that the testimony  by Malawi Congress Patrty (MCP) IT expert and witness in the on-going elections case, Daud Suleman, on Friday was  “hughely devastating”.

Professor  Danwood Chirwa:  Suleman managed to turn the case on its head at this point
Suleman: IT expert who has given ‘devastating’ testimony

He said Suleman’s  simulation in court on how Malawi Electoral Commission (MEC) computerised election result management system (RMS)  was allegedly breached by a ‘ghost’ operator to change the results of the presidential elections in favour of incumbent Peter Mutharika “managed to turn the case on its head at this point” saying “the burden [to prove] has now shifted”.

Said Chirwa: “He so powerfully delivered his testimony with the aid of simulation and demonstration, that he left the judges with a clear understanding of what happened.”

Chirwa said Suleman had demonstrated that the IT system which the commission used was “insecure, was manipulatable and was, in fact, manipulated.”

He pointed out that Suleman demonstrated his expertise by arranging and explaining the simulations and their application so effortlessly.

“He is mega credible,” Chirwa said a witness to second petitioner Lazarus Chakwera.

Suleman further provided evidence to back a theory that the results were not credible.

The law professor said Suleman has shown that the IT system which the electoral body  used was insecure, manipulatable and was in fact manipulated.

“Reliance on it to pronounce the results, he labored to show, affected the integrity of the entire electoral process and final outcome.

“Expert evidence is a unique piece of evidence. The court has to accept it in its totality unless the opposing party produces its own expert to impeach it,” pointed out Chirwa.

Attorney General Kalekeni Kaphale, who is representing MEC, said MEC’s legal team said  the public will hear its response when cross examination starts this Monday afternoon.

But Chirwa said  the witness has set “a very high bar” for the respondent’s expert, who has to prove that the IT system the commission used was impregnable and that it was not in fact breeched.

He said it is always a tough job cross examining expert witnesses.

The law professor said if MEC decide to take Suleman head on, the cross examination could bolster his claims as it can allow him further opportunities to explain the problems with the MEC’s system.

“The wise thing could be to cut the cross short and let MEC’s own expert counter the witness later if they have an equally credible and knowledgeable expert,” he said.

Chirwa said there has been objective material evidence so far as  the petitioners have labored to paint the picture that a considerable number of tally sheets at streams and polling stations were altered, that some were not signed by monitors, that duplicates were used. And that they have shown that the IT platform from which the results were declared lacked integrity.

“Much of the response to the first line of the petitioners’ case has been to concede that these irregularities happened. What those of us outside court can’t work out is what these irregularities translate to in terms of their impact on the result. The commission has practically admitted all these irregularities but has been trying to explain them away by trying to argue that the altered or duplicate sheets were signed by monitors or that their results match other data, or shifting the blame to monitors..” he noted.

Chakwera’s lead lawyer Modecai Msisha said Suleman, who returns to the witness stand this Monday,  had demonstrated clearly how the elections were manipulated, saying the demonstration was “very firm and specific” on its evidence.

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46 replies on “Law expert says Suleman has turned Malawi election case on its head”

  1. Very subjecting Law expert ever since we saw his comments kkk.Izo nzawo zofanana ndi a Allan Ntata kkk

  2. This so called law expert doesn’t like the current government from the word go! as such his comments are subjective. His dearest wish is to see MCP winning the case which unfortunately is a merely wishful thinking.

    1. Shaka, be objective. The article is factual, and wonder why you can’t follow the argument. Prepare to cry when your party loses

  3. The problem is that lawyers and judges are not competent in IT and that is why Sulemani has taken advantage to feed them with trash. I have not seen anything worth celebrating let alone giving the dude standing oviation it just shows how narrow minded most MCP and UTM followers are.

  4. I FIND ARGUMENTS BY AG KALEKENI KAPHALE TO HIDE BEHIND THE FACT THAT PARTY MONITORS WERE PRESENT WHEN IRREGULARITES OCURRED TO LACK MERIT, VERY EVIL WAY OF THINKING AND NOT BEFITTING AN ATTORNEY GENERAL.AFTER THIS CASE KAPHALE MUST BE FIRED ALONGSIDE JANE ANSAH, MEC COMMISSIONERS AND ONE MUHABI CHISI.

  6. why would we hate pitala ,someone we dont know his much past than the then south bend dude, azipita anangobulika awa kuzawakha za acimwene.
    grandiose old stinking snorting cow

  10. By the way, where was Zodiak and Times radio getting their “unofficial” results? MEC system? rerun yamasimba

    1. All this to have been said and done, the biggest questiob is? When did Suleman realise that the computer system was hacked? Why did he not inform the MEC of the Police or the officials concerned, why wait up to the end? Suleman could be the person behind that but because some people were more crafty than him, thats why he is now spilling the beans. Palibe nkhani apa. Iyeyu was hired by MCP kuti achite hack system, zinamukanika, hence akubwera poyera kukhala ngati iye ndiwa chilungamo and wozizidziwa. Muona what will happen, just wait. Apusa ameneyo when questions begin to come. Anyoweratu!!

      2. Koma abambo awa inu! Zoti mayi madando samkamva nthawi imene ija inu simukudziwa?zoti even injunction inatengedwa simukudziwa? Zoti amayi madando analengeza zotsatira just 10min after first injunction was dubiously vacated simukudziwa?
        My mother Malawi

    1. I doubt it. Prof. Chirwa was at first very skeptical about all this, if memory serves. He thought going to court would not change a thing and was a waste of time. So I am pretty surprised at his change of tune. Is he physically at the court?

  12. Just yesterday (Sunday 10th November, 2019) the president of Bolivia who claimed victory of the country’s recent elections was strongly advised by the military to resign after wide spread popular protests against the ‘apparent manipulation’ of the electoral process by the ruling party, and he obliged after the audit report of the electoral process confirmed that there had been ‘serious’ irregularities in the whole electoral management system. Now there are fears of a ‘power vacuum’. At the same time, the challenge is now how fast would the ‘transitional leadership’ in Bolivia be able to come up with a proper composition of an effective electoral institution that would ensure that no one political party has an opportunity to manipulate any such future electoral management system again.
    On the assumption that the current Malawi electoral case in court ends in a judgement that annuls the presidential election results and orders a re-run, there are a number of vital issues that will require meticulous resolutions e.g. (1)” Which leadership will be entrusted with coming up with a ‘foolproof’ electoral management system that will not be manipulatable?” (2) How much confidence does the general citizenry still have left in the current MEC leadership?” (3) How fast or soon can be the process of putting in place such a ‘foolproof’ electoral system to conduct ‘free and fair and credible’ elections that will be acceptable to all political parties participating in future elections be implemented?” I imagine that a bigger challenge lies ahead immediately after the constitutional court announces its determination. What Malawi desperately needs right now is a unified approach, with a very strong and visionary leadership(interim, transitional or otherwise) that has what it takes, to competently tackle all of the current political problems for the salvation of the Malawi nation other than individual political survival or hanging on to power at all costs.

  13. Whoever convinced MCP & UTM to change their petition from re-run to nullification is an idiot. This needed manual recounting.

      1. In that event the court would ha e called for a rerun if someone had interfered with the votes. We have a precedence of 2014 elections. No big deal about this but recount would have been a better option.

        1. When people go to check the ballot boxes, they are finding reflectors, lamps and no ballot papers inside, so recounting will not be a good option.

  14. Will political parties be allowed to make electoral alliances during rerun or the candidates will stand the way they did on 21 May 2019? Adad is unplayable without alliance

  16. The simple matter of the fact is that the MEC system was used for “tabulating” results and not for “validating votes” or for “voting”. This system is as good as a calculator. If a law professor can not differentiate the two then Malawians we are doomed for the next 2,000 years. This theory would have worked with what MCP wanted initially, that is a “Recount”, not a “Re-run”. You cant easily subvert the will of the people this way.

    We voted using manual ballots that turned into votes and were then recorded (Summed up) on tally sheets (Form 66), these form 66s are available and can be physically verified against what was recorded in the system. This is the justice that I know.

    Nobody has ever been convicted by a theory of how they could have done it or through simulation. The courts are all about evidence, evidence, and more evidence. There will be a cross-examination that will have to tie in the facts not just one man speaking his theory and simulating using his own prepared data and then coming into conclusions.

    Danwood is only hypnotized by hatred that’s why he cant analyze nothing but his own boiling blood. Thanks to Allah he is not a judge, with his tribal leaning anakalamula kupha alomwe onse ndithu. Tikukuwonani, I hope mumaliza mwayambazi

    1. I know u as one of the DPP cadets benefiting from this government of thieves. If u say that the results were based on form 66c / votes and not on what was in the system, why did MEC use RMS to declare winner? Are u saying judges should not use this evidence to deliver judgement? Why did the the court admit this evidence in the first place?

    2. Iwenso nde kaya like calculator mpaka you think vote tabulation is adding 1 and 2 the point is the system was manipulated

    3. The tribes were created by the gods ( Gods with capital G if you are a believer). I am sure the gods are enjoying the whole charade. And will see it to its ‘logical’ conclusion. But for ME, i am trying to enjoy reading and following each and every ‘simulation’ and comment whether from a tumbuka, yao, lomwe, chewa or sena. After all, we are all ‘anyaphapis’ regardless of our tribe, race, colour, size, or !

    4. I noted a lot of hate in you too. Infact the hate is showing in you and not in the other guy. Can’t you discuss issues without showing your own feelings. Your emotions nullified your earlier argument which made at least for me.

    5. MCP has brought its evidence and let MEC defend itself. This has nothing to do with the Alomwe,the professor and Allah.

    6. Danwood has never been positive about DPP…never. He cannot be objective as a result. Yes you are right Danwood’s reason has been obscured by his incurable pathological hatred for the Mutharikas or DPP. I wish DPP were out of power kuti tione zina. Zinazo zisakhale MCP or UTM because onse ali mmenemo (I mean atsogoleri) are driven by anger/hatred and jealousy for the loot whiich should have been theirs not the ordinary Malawian.

    7. So the calculator was used to announce results and if the calculations were erroneous it means the results were erroneous as well. From your learned perspective I wonder why you can’t see this simple link. Malawians, let’s learn that any divergent view does not imply hatred, learn to take constructive criticism and divergent views in a positive manner otherwise with your views we are indeed doomed for the next 2,000 years.

      Today the witness has used MEC’s system to demonstrate the manipulations that were done on the system – pure fraud! MEC’s own IT expert was asked to use the system to demonstrate the anomalies! Let’s be objective and open minded, otherwise we are doomed indeed!

      1. @Petulo, i’m also amazed how people got and keep getting their facts wrong, Sileiman never used his or mcp’s parallel equipment to back his witness or arguement but MEC’s and he managed to do it very well that everyone can see how the system was manipulated so it’s up to MEC’s and Munthalika’s lawyers to prove otherwise.

    8. And all of you thin-skinned, thick-skulled mayufi who cant deal with independent thniking you can shove it where the sun doesn’t shine. Develop a thick skin, tough times ahead

  19. We voters have to right vote and participate In an free and fair election without any manipulations..We need justice now!!!!!

      1. One probably has to be an embicile to believe that announcing election results before over 25% (3677 of 5002) of polling centres results are counted couldn’t change final outcome

    1. KUKO UKOOOOOOOOOOO WHIHHIHIHHHHHHHHHHHHHHHHHHHHHH,KULI MABACHI NEEEE CHAKA CHAKE NICHINO,KIKIKIKKKIKIKIKIKIKIIKIIIIKIKI

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