Law professor says Malawi election case needs MEC chair Ansah testimony
A prominent law professor says the Constitutional Court needed the Malawi Electoral Commission (MEC) chair Jane Ansah , a judge of the Malawi Supreme Court of Appeal, to testify in the ongoing election case to make up for the missing puzzle.
South Africa-based Danwood Chirwa says the MEC chief executive officer Sam Alufandika can only explain procedures and processes of conducting an election.
“He cannot speak about the decisions of the commissioners and the chair. So the court will not have any evidence of what was in the minds of the commissioners when they made the determinations on complaints and declared the results, what they knew and what they did not know at the time,” writes Chirwa on Facebook.
Turning to Alufandika’s cross examination on Thursday, Chirwa said the MEC CEO was highly evasive as a witness.
“This was his major weakness. If the election has to be held, he needed to take the court into his confidence by showing that all was above board, and that includes showing that he, as the custodian of the electoral process, is a man of integrity, and understands the electoral process and the fundamental principles and values that underpin Malawi’s democratic system,” says Chirwa.
Chirwa says Alufandika found it difficult to answer questions, even the most mundane and simple, directly and wasted a lot of court’s time.
“This has called his credibility into question, and with it the entire presidential election,” Chirwa writes.
Chirwa says Alufandika seems to have laid out the respondent’s case by admitting that there was considerable use of tippex which was not supplied by MEC to alter results, of duplicate copies of result forms and irregular forms.
“Nevertheless, these questionable results were used to determine the winner of the presidential election after some degrees of vetting; the vetting consisted in verifying what was on the hand written results sheets, whether altered or not, but not after the counting; if monitors did not question the altered results, unsigned results recorded on irregular forms, MEC accepted whatever was submitted to it,” he says.
Chirwa says the court will have to think about the implications of accepting the extent of the irregularities revealed in the case as the norm of constitutionalism and democratic governance.
“So far, the cross examination has established that many alterations were made at the constituency tally centres.
“If this is the case, the petitioners will have established a connection between Suleman’s theory of ghosts in the RMS who manipulated the results and the alterations occurring at the tally centres, away from monitors,” he says.
On Friday Senior Counsel Mordecai Msisha representing Malawi Congress Party (MCP) president, Lazarus Chakwera, took over cross-examining Alfandika.
Msisha began by asking Alfandika whether or not the Commission met to resolve some of the queries that were brought before it.
Alfandika has told the court that commissioners met and resolved to send a fact-finding mission to some areas to establish where tippex came from. This was in response to Counsel Msisha’s question on whether MEC resolved queries brought before the announcement of results.
Msisha further asked Alfandika whether or not the commission had minutes on the meetings and on how commissioners resolved the matter after noting a widespread use of the correction fluid.
Alfandika said there were minutes written but he said he did not use the minutes to back up his sworn statement because he did not see it necessary.
Court adjourned on Friday midday and Alufandika is back in the witness box Monday morning when Msisha will continue cross–examination.
UTM Party president Saulos Chilima and Chakwera are seeking nullification of the presidential election results on the basis that there were irregularities, especially the results management system, that they believed compromised the outcome.
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if the man sweated what about Ansa? she will what?
She will start her monthly period😂😂😂
she will die of heart attack
Aaaaah pali za utumbukanso apa nanunso mwasowa nkhani eti kodi nkhani imene ili ku court anapititsako ndi atumbuka nanga mec ndi dpp imakataniko ku court ko ndiye poti mtumbuka wapeleka ganizo kuti jane ansah akapita kukalongosola ku court za chisankho ikhake vuto kwainu. Or atumbukawo amadya za dpp mene mukuonela aàaah koma kudana ndi mitundu yaenakwanji ngati kuti mtunduwanu ngoyela khungu mwaina ndinu mwa albino aja akuphedwa ndi adad anu
Deadwood Chirwa is hypnotized by hatred for DPP. Mtumbuka ozikonda
MEC and their sweetie heart DPP were responsible for choosing who to be their witness, in their crooked mind they discussed and agreed that Jane Ansah must not be part and parcel of the 700 plus witnesses, ooh my God.All a long this trickster Jane Ansah has been saying the case is at Court let us wait for the court yet she does not want to avail herself to provide evidence so i pray that opposition lawyers must make a special court request for Jane Ansah’s court appearance.She must be fished out wherever she has been hiding at the tax payers expense.Mayi wopanda chilungame, mayi wa wuzimu wawu cadet uyu
Stupid chirwa. Do you vote pa nyasalande?
Chilungamo kwa muthu woyipa chimawawa kkkk,walakwanji Danwood,ponena maganizo ake inuyo njenje
Awa anadana ndi DPP kalekale kkk
Talk n talk Somemore…. Things will never change in Malawi. Some one will win and lose in this case but the problems in Malawi are like a hydra, whereby if you cut off one head two more will grow…. They say “change starts with you” so, if people don’t change their ways of thinking how will the country develop?
Can’t the judges subpoena either the chairperson or one of the commissioners to testify? As a refusal to comply is an criminal offence, whoever is subpoenaed has to appear in court or produce a written evidence.
danwood chirwa is a load of rubbish. last time he was celebrating when DPP won but later he praised Sulemani for star perfornance. This time he also has another load of garbish.
I beg you pardon!
Chirwa is a concerned malawi like as all…
Let’s put tribes and regionals aside…
We need to live better like other people outside our countries and that can only happen when Peter muthalika and Dpp are arrested.
mxiiii nkhope ngati olanga anamwali amwano acikunja. devil woman.
This is true, but the problem is here is dpp led leadership which wants to destroy every evidence, The truth is that the elections were not credible, not fair, not transparent and were rigged in favour of dpp apm, this lady needs to be questioned this secretary of MEC has failed to defend MEC and Kaphale also has failed the reason is simple, no one defeat the truth for ever it always come out. These devil people’s party leadership has been doing this for a long time and what they are doing is just trying to cover up their dirty deals of the past. This time no way mumangidwa basi.
APA NDE DZANJA LALEMBA KHOMA BASI KKKKKKKKKKKKKKKKKKK
What is needed is also for the petitioners to show that the results were indeed different or maybe someone’s right to vote was not respected. Otherwise this is really going no where. These judges can’t just throw away an election when the petitioners are failing to show empirically different figures. Otherwise they set a precedent. The next election, if one looks close enough, there will always be irregularities and hence the country will always have a case in the court after an election.
I think you are fool and mad.Whether you benefited from this MEC/DPP then this is not the time.By the way you seems you know much better than everyone who is following this case.Let me ask you,where are the original copies to show the figures before MEC altered them?
Osatukwana. Anzanu anena maganizo ake. Funso ndiloti ngati tarry center ya MEC idasintha mavoti kodi mavotiwo asanasinthidwe adali bwanji? M’mene idayambira nkhani ija tingomva zomwezomwezo. Mboni iriyonse yobwela nkhani yake yomweyo kodi odandaulawo aboleza liti kuti tidziwe zoona zeni zeni kuti tarry center ya MCP Chakwela adapeza bwanji, nanga Chilima ndi APM ndi maumboni ake. A UTM nachitanso chimodzimodzi. Basi nkhani itha kutha mosamvuta koma maloya kukhalira kuvunsa mboni za odandaulidwa mokalipa ndi kuopseza ndi chisonyeze chosowa umboni. God bless Malawi. Stay blessed.
I thought you are following this case but uhu! Shame!
actually what he is saying is resonable
Whilst you are thinking that I am a fool, I know for a fact that you are a fool. The forms that were given to the monitors were not altered. The ones that were altered were the ones when doing totals. And according to the petitioners they were 273 of them. Surely it is not as complicated to prove. Zavuta apa basi
Zuoneka kuti zavuta kuti pamenepo?
This is about following electoral laws, that is why the case is being heard at the ConCourt.
Mr chirwa knows Jane ansah will give the right evidence
Paja a opposition amamuopa Jane ansah
They don’t want her to be heard
They call her names and castigate before they hear her
The iron fisted lady
No one can corrupt her
No one can threaten her
Nanunso inu kuchemelera zowola kale bwanji! Ansah akanakhala iron lady akadanena yekha kuti akufuna kukapeleka umboni! Was Ben Phiri told to go to court to testify by opposition parties? Ndi mayesa anasankha yekha kupeleka umboni ndipo a opposition anasankha kuchoka pa list imeneyo!! Iwe anakuuza ndani kuti opposition ikumuopa? Kuopa? Kuopa chani! Mayi akowo pano ali ndi manyazi kwambiri ndi zonse zatulukazi ndipo she will be the most affected once judgement will be delivered against her makani…………………….!!
A Chirwa munathawa ku Malawi muli ku dziko lachilendo. A Timbuka opanda nzeru. You are an opposition agent many people know you. You are an empty toilet in capetown amd you fail to see senses. You are a theorist. You have never been at the Bar. All you know is chalk pa board . Wait and see the outcome of the case .
Its you who is a fool and stupid.Chirwa is a Malawian not with your stupid tribe remarks.You can not compete with the intelligence of the most tumukas.But this issue is not about tribes but national issue you fool.
No sense
Maiwa or kupita ku court akayankha zija ankayankha atolankhani panthawi ya zisankho ku tally centre.
I think Chirwa is right. That stupid woman with ugly face and mind she must stand in the Box too! like Alfandika. I do not know choose this old fool lady to be head of all men in Malawi?
This lady with Madam Jane is not just a mere commissioner she is the chief commissioner for the blue party at the MEC I think she was the one calling the shorts behind closed doors
Danwood is a biased professor who is working and wishing to see judgment favoring the opposition. But this won’t happen the Judges will stick to justice PERIOD!
In your case, which justice will favor who? You see where your problem is? Danwood as one in the field is just giving his opinion, do you have any problem with that?, Danwood is not in Malawi, to me it shows there are many Malawians who are out side but following the case, this is the case with Danwood, so you shut up your dirty mouth,by the way I heared your President is mentioned in the killing of people with Albinism? Can you tell this honorable platform about it please? time for hiding the truth has long elapse. New Malawi is coming.
MFITI
We have said a lot already. BUT, the veracity of the corruption at MEC will only be established once there is a new gov’t and an investigation conducted where witnesses are not intimidated and are free. It is unfortunate that the real criminals in this case will NEVER be prosecuted. And gehenna is not a prison.
I have always regarded law profession as noble but we have seen in Mrs Jane Ansah and APM as lawyers make feel these are some.of the worst Lawyers in Malawi and they do need to be called as such. Does anyone have Job Description of a Chief Election Officers, what qualification and experience should one possess to be considered for this position. How does Alfundika compares with Mrs Roosevelt Gondwe? All commissioners should be arrested for criminal offence against our constitution and the people of Malawi. High on that list should Jane Ansah, Moffat Banda, Mathanga, Mgawi, Ntafu
Danwwood is a deadwood away from the soil and making a very foolish suggestion. Can you prove that the MEC chair knew what went on in the minds of the commissioners? How. Just get lost you irrelevant piece of thing.
One of the finest Asset Malawi can produce is Danwood Chirwa .
Don’t be jealousy of Danwood Chirwa my friend, he is not of your class. Even your so called professors such as Peter Muntharika, Getrude and Ben Phiri of Jerusalem college can’t match Danwood my friend.
Ask some of us who attended his classes . He is heading the Top University in Africa ( University of Cape Town). So don’t talk rubbish.
Finest asset? My foot!
Kuswa kaya kuswo u are idiot and heavily corrupt Cadet, u can’t see the light at the end of a tunnel kuti Mbwiyako Peter is also going down in history as failed leader???
The whole DPP leadership is Toxicated with corruption and killings of people with Albinism.
(1) Peter =Mk145million
(2) Chaponda = billion maizegate
(3) Ben Phiri = fake qualification obtained through corruption at fake Jerusalem college
(4) Uladi Mussa = Mk 375million passportgate
(5) Ntaba = Albino Killings mentioned in Court many times
(5) Nankhumwa = MSCE not his and corruption of Bicyclegate
Can’t u see that they are all rotten people? We need to clean these old age people as they are leading us into graves as people are dying of hunger and lack of medicines in our hospitalstatic.
Iwe wopusa kwabasi what is a cadet?
When you study under the tutelage of a fool, you muster the skills and become such, a fool as you are.
This is best description of DPP lawyers and the leadership………………….!
APM was also a professor, am sure his students will also say the same about him. So your argument statement above is a phallacy of bias
And “… Peter Mutharika … can’t match Danwood my friend.”?
Get real! @Mr Truth Pains.
Koma nde mwakwiyatu.afrer all it is just a suggestion
Have you read the article??
Fock off you foreigner. No one needs your unintelligent opinion. Yes you can establish what was on the minds of the commissioners by asking the commissioners what was on their minds. And yes the MEC chair can help us understand what was on the minds of the commissioners by telling us what she told them to do or not to do. You idiot!
You idiot, the suggestion of your fellow idiot is to ask a different person what was in the minds of others. Is that not foolish enough a suggestion? Are you able to see beyond your own nose? I seriously doubt.
Stupid mburundi. Are you one of the beneficiaries of Uladi Mussa passports?
Dzuwa linyenga, mdima usaka. The dawn is near
That’s what you fellows count on; activities that are glaringly obvious but difficult to prove. Ansah frustrated every attempt by opposition to protest against results announcements but she could have none of the presentations.
Evil woman. Just see her face!! It tells all.
Feel sorry for my beloved country, for being ruled and controlled by hungry Mafias who has no intensions to take the country to another level but to feed demselves on their dirty,rotten, stinking bellies.
I also thought so – Justice Jane Ansah was supposed to give testimony in this case.
If some people thought Timothy Mtambo was mad by pointing fingers at Jane Ansah for mismanaging the Elections, time has come for those people to be proved worse than Mtambo in terms of level of madness.
Imagine Jane Ansah dared to go to court as witness as suggested by professor Chirwa, believe me, Jane will be exposed, undressed and will have a more sweaty day than Alufandika’s yesterday, the court will have to move to a swimming pool to avoid her fainting. Some of the crucial decisions that Jane and her commissioners made were biased towards Peter as they were supported by unquestionable documents and therefore lacked credibility. Important elections control procedures were overridden and decisions were rushed to declare the favoured candidate.
Swimming pool kkkkkk. They would have to bring her a fridge. AC would not be enough.
Mbuz yeniyen ya mbon
…..so zikukhala ngati mpikisano wa Award ya “BRUTUM FULMEN” wavuta kwambiri. Akatswiri ake maka atachoke ku ma team awiriwa, MEC ndi DPP. Wina akuti “chitsankho chinayenda bwino, transparent, tinatsata malamulo, so judges should just throw out the case, it’s a waste of time and money”.
Pomwe wina akuti “some tally sheets were not signed by monitors, mec didn’t supply tippex and its inspecting team didn’t report za tippex to secretariat yet the same MEC secretariat accepted tippex altered results”.
Pomwe wina akuti “aphunzitsi aku primary school onse (the whole country, ambiri mwama presiding officers), ndi MBULI samva chizungu (mec terminology) hence committed errors, then on their own decided to use tippex without informing mec secretariat, kkkkkk
Irregularities!