Malawi chief elections officer enters re-examination: Some pages in BDO  audit report missing

Lawyers for the Malawi Congress Party (MCP) have finished cross examining the  Malawi Electoral Commission (MEC) chief elections officer  Sam Alfandika regarding the conduct of the May 21 Tripartite Elections whose results the MCP and UTM Party are disputing to have been dogged with irregularities.

The chief elections officer Sam Alfandika: Enters re-examination

On Monday December 2 2019, second petitioner’s lead counsel Modercai Msisha focused on supply of correction fluid, popularly branded as Tipp-Ex, the auditors (BDO Jordan) report and the letter by the electoral body to the auditors authorizing them to accept tally sheets which had signature of the presiding officer only.

The hearing in the morning kicked off with a duel between the lawyers regarding request by the MCP legal team to play a clip from an interview which MEC Chairperson, Jane Ansah had with Joab Chakhaza of Zodiak Broadcasting Station in his famed Cruise 5 programme.

Lawyer for MEC, Tamando Chokhotho argued that allowing the clip it court amounted to bringing of new evidence using the backdoor but Senior Councel (SC0  Msisha insisted that the clip was not new evidence but was material to the issue Alfandika was being cross examined on.

After consulting the othe four judges in the panel, Judge Dingiswayo Madise allowed the clip to be played in court. In the clip Justice Ansah was telling Chakhaza that there was no investigation done as to who supplied the Tip-Ex to the presiding officers.

And when it was put to Alfandika if the MEC chairperson was lying since he told the court that an investigation by MEC showed that the Tip-Ex came from the Teacher Development Centres, the MEC CEO maintained his stand.

“The MEC chairperson answered that question in reference to the time the results were being received. By that time there was no investigation done. This investigation was done later,” he explained though lawyer Msisha still wanted to push his way to exert pressure on Alfandika to admit contradiction.

Alfandika in his sworn statement, had alluded to the fact that since MEC never supplied Tip-Ex  but was used during tallying, and the fact that most Constituency Tally Centres were based in  Teachers Development Centre (TDCs), then the TDCs were the source of the Tip-Ex .

Counsel Msisha wanted to prove that some tally centres were not in TDCs but still had results that had Tip-Ex and therefore laying a base of his argument that Tip-Ex might have been supplied by the electoral body or someone with an aforethought.

Senior Counsel Msisha also tried to corner Alfandika regarding the source of Tip-Ex by producing several results forms and asked him to identify which Constituency Tally Centre they were from and also confirm if the tally centre was a TDC or not.

Alfandika answered that he could not know by heart whether a centre was a TDC or other public places that were used by MEC to serve such purposes.

The MEC CEO explained that majority of the TDCs but some were located in public places that were convenient for that purpose.

“If we say the Tip-Ex originated from the TDCs we also have to look at the fact that the Constituency Returning Officers were Primary Education Advisors who are from TDCs and we have also have to look at the distance of the places from the TDCs,” he explained.

Late,  the MEC chief elections officer  tussled with counsel Msisha regarding the report by auditors, BDO Jordan, which had some pages missing.

Msisha queried whether the report was discussed by the Commission, if there were minutes and why it was not cited that the pages were missing.

Alfandika said they had noted everything the lawyer had presented, that the Commission had deliberated on the report and that the minutes were not presented in court but were available.

Then Msisha went on to cross examine Alfandika on the letter by MEC to the auditors authorizing them to accept results that were altered manually and with only signature of the presiding officers and none of the monitors. Msisha wanted the letter and Alfandika explained that the letter was available but not brought to court.

Alfandika explained that the auditors were not supposed to reject results because it was not within their scope of terms of reference. By law it was only the Malawi Electoral that was supposed to accept or reject election results.

The court is expected to reconvene later in the afternoon of Monday, 2nd December, 2019 for re-examination of Sam Alfandika by MEC lawyers.

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Maunits
Guest
Maunits

Alufandika ndipa mpunga. So why did you hire Auditors if you knew they have nothing to do. You have removed some pages on BDO report a report that was not your report but Malawians suicidal iyooooooo!!!!

kondwani kossam
Guest
kondwani kossam

Rubbish MEC

Chizamusoka
Guest
Chizamusoka

The contrary results achokereso kuti bwana Alfandika?

Jenala
Guest
Jenala

We were told that MCP had its own parallel Tally Centre. Where are the results from its Centre that can contradict MEC results??? i would be extremely happy if MCP had produced results from every polling centre from Chitipa to Nsanje and compare them with MEC. A chewa a mati kusutsa galu ndikukumba. MEC yimeneyi zikadayivuta kale kale zinthu.

Dolph
Guest
Dolph

Kodi mukungoti tippex tippex mesa achakwera NDA chilima adakana kuti tippex sadasokoneze ma results akwafusa kaphare mukuwona ngati taiwara kare?

chataika
Guest
chataika

Yes you are right. Malawi sometimes choose to become deaf and shortsighted to meet their wishes. Saulos, Gwalidi, Chakwera and many more had clearly said that no altered figures had advantaged any candidate. But went on saying that there were irregularities. In addition nobody from the petitioners had brought to court evidence disputing the valid candidate votes. Now if none had brought that how would you say the elections were rigged? malawi pls learn to follow issues impartially. Timanena chatsitsa dzaye kuti njovu ithyoke nyanga wosamangolubwa yayi. Evidence thats what the court will use to determine whether elections were rigged… Read more »

Mbwiyache
Guest
Mbwiyache

Dolph ndiwe mbuli they were saying yes with an explanation. Did you hear the re examination

Mzee
Guest
Mzee

kupusa basi alipo yemwe angakane kuti TipEx sanagwiritsidwe ntchito? kapena tikupatse madzi ukufuna kukomoka?

Samuel
Guest
Samuel

Mkhani ayimaiza CEO ALFANDIKA. MEC ARRIVED AT IT’S DECISION BASING ON THE FACT THAT THERE WERE NO CONTRARY RESULTS FROM BOTH OF THE PETITIONERS. PETITIONERS ARE ONLY MAKING ALLEGATIONS.

tito
Guest
tito

the point the

Peter T
Guest
Peter T

There is nothing for Alfandika here. Which means you do not understand English Mr Candet?

chataika
Guest
chataika

You are a problem. You mean it is only u who understands english?

wakikiki
Guest
wakikiki

if auditors were not given the mandate to reject or accept then why using them ? were they there just to eat our money and go without having any input , useless MEC

Mtete
Guest

Yes indeed. What were they auditing?

tito
Guest
tito

the auditors were just a quality assurance measure to enhance acceptability by a wide range of stakeholders but the authority to determine results lies with MEC and can not be deligated to any other body

Jenala
Guest
Jenala

thats it.

chataika
Guest
chataika

Theirs was just checks and balance. What is critical is for the petioners monitors to bring the contrary results to that which MEC had annaunced. The end of the story but if they dont then agwa nayo all the petitioners

Shonai
Guest

Who doesn’t no the use of tipex?Even lowyers pretending to be ignorant on the use of tipex.Go back to the dictionary.Moti zoonadi poyerayera ngakhale kufa mutu munthu angabe vote ndi tipex.Waisting time and money dicusing tipex,tipex.The point is what was it used for.All those people can’t be fools.On Mps it was the same . What is special with the president.If anything then it must affect the whole election.

Gerald Katchola-Banda
Guest
Gerald Katchola-Banda

Ndinu omvetsa chisoni kwambiri

tito
Guest
tito

very true

chataika
Guest
chataika

Yea and what is amazing is that Chakwera position as mp is by tippex and is failing to challenge this shameeee?

zanunzanu
Guest
zanunzanu

Was 147 complaints from only president 😆😆😪😪

chataika
Guest
chataika

The bottom line is was tipex used to advantage someone or not? Then bring evidence

TALIBAN
Guest
TALIBAN

CHECK UR SPELLINGS BRO…GO BACK TO UR DICTIONARY

Sahara
Guest
Sahara

Koma spelling za chuzungu ndiye za kuvuta Shonai. You are a cadet and need to go back to school.

zanunzanu
Guest
zanunzanu

Tippex was used to change figures said mutharika even his alfandika. The changing of the figures was right if in my thinking rased with one line intead ot tippex for the sake of accountability .The mec had final whistle to blow as referee wheather supposed to be penalty ignored yes the last hope is five panel judges for their judgment then the this book closed i guess you cry i Lough or u Lough i cry if the crying vocals be the same then can wipe wheather tears or joy or laughter everyone individually will eat from his sweat crying… Read more »

Mkanda
Guest
Mkanda

Three weeks after results announcement, then one CEO claims that this interview was being conducted before investigation, my foot.

mbuya
Guest
mbuya

well balanced article. Alfandika the genuis kumuonetsa utsi Mordecai Msisha.

dalo
Guest
dalo

kkkkk UGENIUS UNALI PATI PAJA??? kapena mwalakwitsa

Agenda Setting Theory
Guest
Agenda Setting Theory

In what language is your radio broadcasting this case?

hola
Guest
hola

KKKKKKK MBULI IWE USANAKAMBEPO NKHANI NGAKHALE YOTI AKAZI AKO ANYENGESA.

Kaitano
Guest
Kaitano

Kuwelenga siwaletsa bola mawelengdwe! Kodi Court ati inaimaso kaye chifukwa choti Mec yabweletsa fake papers? Yankhani ndinu awirinu iwe uli pamwamba ndiwe uli pansipa, kicks of dying horse!

Lego
Guest

How did Alufandeka showed Modecai a smoke.Don’t b passive

Fake Petros
Guest
Fake Petros

Even to a layperson in law, Alfandika’s arguments are misplaced/ ill-advised. The very man who is supposed to be chief elections officer of the electoral body is clearly implicating himself by admitting that there were gross electoral irregularities in front of a panel of judges. In fact to the extent that he cannot even remember all the sites where irregularities had occurred. But the big question is whose responsibility was that? And this is exactly what petitioners looking for as reasons for nullification. More over uncle Ben did not do him any favours, he also admitted ALL (countrywide) teachers whom… Read more »

chataika
Guest
chataika

having irregulaties is different altogether. the question is did the irregulaties affect the valid candidate vote? This is what has been brought to court by petitioners but are failing to prove whether the irregulaties had any impact on the overall results. SKC, Chakwera and other witnesses had admitted that they are in court not in dispute for candidate valid votes but irregularites whcih is uncalled for. Because irregularities according to MEC consititution says any breach of the law thats what is refered to as irregularity. So when asked have you pointed out any law which MEc had breached they answered… Read more »

Makape
Guest
Makape

Mbuya, denial is a very ineffective coping mechanisms, Ma Cadets mudzafa ndi heart attack

chataika
Guest
chataika

Sure Alfandika has made a point thru re-examination by his lawyer. Wakumva wamva kuti ohooo this how it happened