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.

Petitioners Chakwera and Chilima
Law professor Danwood Chirwa

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.

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Mcford
Guest

For those who cry over fairness in elections,the law doesn’t provide for that,it only concerns the administration of the elections

Justice Usiwa
Guest
Justice Usiwa

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.

CESSPOOL SIPHADA
Guest

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… Read more »

Ingambako
Guest
Ingambako

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

Tizanka
Guest
Tizanka

Proffesor Deadwood really wants to be a judge kkkkkkk

Maunits
Guest
Maunits

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.

Chilipa Thako
Guest

so goes the saying ,sometimes cases are lost long before trial , like in this case who lost long before trial ?

josh jackson
Guest
josh jackson

My opinion – Petitioners have lost this case.

warm heart
Guest
warm heart

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

josh jackson
Guest
josh jackson

Should we conclude that all parties fielded monitors from their villages? I guess No…. Maybe all parties did..

Mabvuto
Guest
Mabvuto

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

Peter T
Guest
Peter T

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.

Tiyeseni Phiri
Guest
Tiyeseni Phiri

Which Malawians?

The Patriot
Guest
The Patriot

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.

Tiyeseni Phiri
Guest
Tiyeseni Phiri

What has the professor said?