Law professor paints grey areas of Malawi election case
A renowned law professor has painted some grey areas of both the petitioners of the just ended presidential election case.
Professor Danwood Chirwa says both sides in the case; Dr. Saulos Chilima and Dr. Lazarus Chakwera on one hand and Malawi Electoral Commission (MEC) and president Peter Mutharika on another had their big moments in the case just as they had some major mistakes.
“Cases are sometimes lost long before trial. In this case, the one major mistake in the petitioners’ preparatory work was neglecting to depose as any party monitors as possible,” says Chirwa.
He says this in turn relates to the poor job all three big parties did in their poll monitoring and alternatively tallying exercises.
“We now know, thanks to the case, that MEC administered the elections either incompetently or with an intention to rig, or both.
“But the political parties were similarly incompetent in monitoring and ensuring that they had a full record of what happened at the streams, constituency tally centres and finally at the national tally centre,” says Chirwa.
Turning to MEC and Mutharika, Chirwa says the oversight to depose the chair of the commission and other commissioners was glaring and serious.
“Of the hundreds of affidavits they collected, non can speak to the actual decision making process of the commissioners,” says Chirwa.
He says there is nothing before the court that represents direct evidence of the deliberations of the commissioners, especially how they treated controversial or contested aspects of the results.
For those who cry over fairness in elections,the law doesn’t provide for that,it only concerns the administration of the elections
We are used to have MEC that can work independently. Not these rubbished. Why should the whole institution need to be monitored by local peasants those could be cheated at any cost.MEC itself must be compromised on its own.Nonpartisan. Full accountable and transparency.
Prof Danwood Chirwa doesn’t think of his prejudgment as stirring the murky pool in which your equipment won’t catch any fish. On many occasions has he tried to outplay the bench of the judges. His earlier posts were pro-MEC he wastes no time in changing sides. He is not the law prof in Malawi there are many he wants we Malawians to single him out as the most brilliant legal mind in our Malawi. His quest for place in legal galaxy doesn’t add only a foolish judicial commission can pick out for a position of a judge here. He is mired in a cesspool
How can highly educated people be destroying their own land just because they want to lead . Nosense bakulumba. Let him finish his term. Kyala wa maka
Proffesor Deadwood really wants to be a judge kkkkkkk
Where are the results of 25% which Jane Madando did not announce. How can you declare someone winnwe at 75% leaving out 25% mwagwidwa. Muhabi failed to defend it as a result wanted to use a flash.
so goes the saying ,sometimes cases are lost long before trial , like in this case who lost long before trial ?
My opinion – Petitioners have lost this case.
A BIG LESSON TRY ACCOUNTANTS TO BE YOUR MONITORS.
DONT SELECT UN EDUCATED PEOPLE WHO CANNOT EVEN PASS MSCE MATHEMATICS AAS MONITORS.
THEY ARE EASY PREY TO THE CROOKS.
JUST BECAUSE SOMEONE COMES FROM YOUR VILLAGE YOU WANT HIM TO BE YOUR MONITOR BUT CANNOT EVEN ADD ONE AND TWO
Should we conclude that all parties fielded monitors from their villages? I guess No…. Maybe all parties did..
I totally agree with you warm heart, most monitors were party fans with no clue on how to defend there votes, mostly MCP , anali azigogo aja amavina pa msonkhano, that’s now they are failing to bring evidence as monitors in the court, muthu utha kubelendwa ngati sukuzindikira Chofunika mukhoti ndi mboni in this case Monitors
I believe the opposions they have tried their best and out of that best Malawians should expect something best too on the judgement day. We all know that! The opposition are not fighting for themselves the were standing in the court from day one to day 59 for Malawians. I believe the judges will be wise.
Which Malawians?
Prof Danwood. Please write an article on this case. Just want to appreciate your analysis. I must say an article where your thought process is clear. I mean we don’t have to get paraphrased selective responses from these biased journalists. I liked your balanced article just when the election results were out and indeed you threw into your writeup great insights.
What has the professor said?
That’s Prof Danwoood
What is the professor trying communicate?
The monitors didn’t run the election for starters.
You can not blame monitors for sins committed by MEC. Remember that most of the tippex and alterations were done at the CTC when the monitors have long vanished.
Chizamusoka Mwalwafu
The most useless Law Lecturer.
Just wasted my time reading stupid opinion ya mtumbuka wins wake .. mbuzi ya Mano kunsi. A biased opinion,trash opinion.
Basically, the petitioners/complainants have failed to prove the allegations with facts and figures beyond any reasonable doubt. My take is that fake accent and his friend Arafat have wasted the country’s time and resources. Two fools!
The last kick of a dying horse kkkkkk.You still believe that MEC and Your Stupid DPP can win this case?SHAME!
LAW PROFESSOR CHIRWA VERSUS LAW PROFESSOR MUTHALIKA /DR JANE ANSAH MADANDO 147
This professor is pro-opposition.You can’t help the country with your Intellectual properties if you’re not concomitant to all parties.This is a derogatory disguise.
Zaziii pakumvekapo kanthu apa. Two things l see. Either the learned professor cant Express himself well or the writer was lost in the technicalities of the issues at hand and did not understand a think hence could not write a proper and newsworthy article.
I think its time Danwood shut his stinking mouth and concetrate on his work. The issue is the petetioners did not prove any case to compell the judges to nullify. APM won these elections straight and square. If Chakwera and Chilima wanted to prove their case, they should have demanded that all elections material should be qualintined for verifications. All what was written on papers or entered in computers was a result from actaul counting of ballots and if the parties were disagreeing with what was written on the papers and entered into the computer, the way out was to go to the ballot boxes and verify. MCP had a good start when they initially petetioned for a recount but they were hoodwinked by the crook Chilima to ask for nullifications.
Why should they waste time recounting fake ballot papers. Don’t you know that up to now, MEC has not produced even a single original document? Its the same with Mr Chisi, he was not cross -examined because he came with Parliamentary simulation yes the contest was for Presidential. Totally different issues.
Inuso nanu MCP yizakuphani
Mwayamba kusintha zonenatu apolofesa. Dikilani chigamulo anzanu odziwa zamalamulo atiuza momveka bwino inu mwasapota odandaula mokwanila. Muyesa odandaulawo sakudziwa mavoti amene adapeza pa 21 May 2019. Ndi ana okha amene angakhulupilire izi. MCP ndi UTM akudziwa bwino mavoti amene Chakwera komanso Saulosi adapeza koma sakutchula chifukwa adaluza zonsezi akudziwa koma angotengelapo mwai pa zofoka za MEC mudzina la procedures and irregularities. Malamulo achisankho kumalawi kuno akuvomereza kuti pachisankho zofoka (irregularities) zimakhalapo ndichifukwa chake malamulowo adapasa mphavu majudge aku High Court kuti aunikile ngati zofokazo nzochuluka (materiality) koyenela kulepheletsa opambanayo pachisankho. Mudaziona kwani kuti ma stream kapena mizere yoponyera voti 11,095 ikatulutse ma tally sheet oposela 1 million. Sadabweretse mamanita chifukwa akuopa kuti adzanena chilungamo akapanidwa. Adaopa kufunsa mafunso Muhabi Chisi chifukwa adaulura kuti zipani zina zimayesesa kuti asokoneze makina a MEC. Amaopa kuti atha kuatchula chifukwa system ya MEC ikuonetsa zonse ndi nthawi yake yomwe. MEC idalemba anthu over 20,000 aphunzitsi komanso ena ophunzira ndi ogwira ntchiti mboma. Sizingatheke kuti onseo awerengere molondola osalakwitsa pokhapokha mwina akadalemba ntchito Mulungu. Choncho oweluza aona kuti malamulo a MEC akutinji munthu akazindikira kuti walemba zotsatira molakwitsa? Akunenapo kanthu kapena ai? Ngati yankho ndi ai palibe nkhani. Nkhani sindidathyole ndango dutsamo. ZIKOMO!
I am not so sure the judges will consider the deployment or lack of monitors in the determination of the case. It’s the responsibility of MEC to ensure that elections are credible with or without monitors. Monitors are not employees of MEC. The blame squarely lies on MEC for messing up the elections!!
A very genuine point you have raised
Funny thing Chakwera, Chilima and Mtambo kept on looting, destroying and burning Malawi based on social media. They didn’t bring to court alternative figures, figures which they think were given to the winner, figures they think were stolen from the losers. So if you complain that somebody has stolen money from you and you don’t know how much, what amount the accused stole, etc, how can people take you seriously?
funny indeed, MEC did not even bring approved tally sheets by the commissioners to the court.