Malawi election verdict to be decided on evidence in court not public opinion -Judges

After the concluding hearing evidence in the May 21 Tripartite Elections presidential poll results dispute  after day 59 at the Constitutional Court in Lilongwe,  as a matter of way forward, the judges have ordered UTM Party president Saulos Chilima  the first petitioner and  Lazarus Chakwera of Malawi Congress Party (MCP) the second petitioner, to file their written submissions by 4.30pm on December 10, 2019.

A panel of five judges comprising Ivy Kamanga, Dingiswayo Madise, Mike Tembo, Redson Kapindu and Healey Potani as chairperson will not be persuaded to make a decision by public opinion

The panel of five judges comprising Ivy Kamanga, Dingiswayo Madise, Mike Tembo, Redson Kapindu and Healey Potani as chairperson, have  also asled lawyers for the petitioners to serve  President Peter Mutharika of Democratic Progressive Party (DPP), the declared winner, as first respondent and Malawi Electoral Commission (MEC)  the second respondent including the amicus curie  [Friends of the court] including soft and hard copies.

The lawyers for President Mutharika and MEC  are expected to file with court and also serve the petitioners their responses.

The friends of the court, thus Malawi Law Society and Women Lawyers Association are expected to file their submissions and serve on all parties to the case by 4.30 December 18, 2019.

The court will reconvene on 19 and 20 December, 2019 to hear oral and legal arguments and submissions from all parties. All the four parties to the case have been given three hours each to make their presentations and also one hour each to make their responses.

Judge Potani emphatically stated that the case will be decided solely on the evidence in court and properly presented and not any other consideration including public opinions.

“For use to arrive at the matter and in line with the procedure, we shall invite written and oral submission from all parties including amicus curie. In regard to submission we would wish to remind the parties that the matter came originally as a petition and was eventually certified into a constitutional referral. Constitutional referral originally answers the questions set out. As parties make submissions I wish to remind them to the questions,” he said.

In this case, the team for Chilima filed 38 sworn statements of which 34 were withdrawn and remained with four. All the four were called for cross examination.

The team for Chakwera filed sworn statements from 18 witnesses and statements from 12 witnesses were withdrawn remaining with 6 who were cross examined.

Professor Mutharika team had sworn statements from 43 witnesses and only two were called for cross examination although the statements by the others were not withdrawn and remain on record.

The MEC filed sworn statements from 651 witnesses, majority of which were presiding officers from centres that had Tip-Ex tally sheets and only three: Chief Elections Officer, Sam Alfandika; Director of Elections, Henzily Munkhondya and Director of ICT, Muhabi Chisi were called for cross examination.

During hearing of the matter, lawyers for both Mutharika and MEC focused on the fact that the alleged irregularities were not significant to influence the results while lawyers for the petitioners attempted to demonstrate how the use of duplicate and fake result sheets, correctional fluid Tippex and failure to adhere to procedures might have compromised the results and disadvantaged those who voted for the petitioners.

MEC has conceded that most of the irregularities took place, but said that did not affect the final result of the elections.

Mutharika was declared winner, officially tallying 38.5 percent of the vote, followed by Chakwera in second position with 35 percent of the vote and Chilima with 20 percent.

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kaka
kaka
9 months ago

no public opinion hereeee

JOSEPH CHAGOMELANA
9 months ago

LETUS WAIT & C, BUT WHAT I KNOW IS THAT A WINNER IS ALWAYS A WINNER NDIE NEBAWE ZIKAKUVUTA PLZ USATSEGULE MMIMBA.

zenizeni
zenizeni
9 months ago

Guy this is beyond a political party now.God souls are starving with different issues only those who are dining in masters table(Malawian high profiles) are enjoying.But be sure that am still reminding you that the GOD of Saints,truth and care-who does not shield evil is not dead.Reaching this moment i call upon fire to consume the wicked as Elijah did.no more light for them

gunduze
9 months ago

kkkkkkk sukulu ndiyonse koma kolite kkkkkkkkkkk nkhani yomveka bwinobwino koma zomwe zikuoneka pa makomenti zongosonyezeratu kuti anthu ena sakudziwa kuti chomwe chili pa bwalo ndi chiyani

Chiyabwe
Chiyabwe
9 months ago

The writing is on the wall! Yambani campaign!

Alfred Minjo
Alfred Minjo
9 months ago
Reply to  Chiyabwe

Hahahahahaha! UTM yayamba kale. Timagalimoto tao tija tatuluka. Uku timati kudzikwata ndi chala ndithu kkkkk

A FEW GOOD MEN
A FEW GOOD MEN
9 months ago

COURT WILL MAKE JUDGEMENT BASED ON EVIDENCES, NOT UTM and MCP Supporters opinion

Political commentator
9 months ago
Reply to  A FEW GOOD MEN

not based on DPP cadets threat, not on DPP opinions, not even based on the Financial gifts from DPP thieves

Baboon
Baboon
9 months ago
Reply to  A FEW GOOD MEN

What are you trying to say here by pointing at MVP and utm supportors you a few good Men take care if you are a dpp supporter doesn’t mean have won the case since your not a judge. Yes the public has been following the case and with individuals were sharing the ideas but it will take the concourse judges to conclude with their findings you rejoice they 😢 cry as the nation Malawi more especially the poorer will be striving

Tedac
Tedac
9 months ago
Reply to  A FEW GOOD MEN

Read between the lines.
Judgement will be based on what Gwalidi , Bendulo, Suleman, Ben Phiri Alufandika, Chisi and Mukhondiya told the courts.

Mwapuluka ma Cadet

FRED LOCKS
9 months ago

so its only MCP AND UTM WHO HAVE BROUGHT CONCRETE EVIDENCE WHICH DPP AND MEC HAVE FAILED TO DEFEND

ICT EXPERT
ICT EXPERT
9 months ago
Reply to  FRED LOCKS

You will be surprised!!!

MarkomX
MarkomX
9 months ago
Reply to  FRED LOCKS

only if you were a lawyer idiot

Ndilipano
Ndilipano
9 months ago
Reply to  FRED LOCKS

Kkkkkkkk kuwelenga kwakuvutani apa . nkhanitu yabwinobwino iyi

Kuthundira
Kuthundira
9 months ago
Reply to  FRED LOCKS

MCP /UTM its the bunch of frustrated souls nothing tangible brought to court .Up to 59th day not even a single result sheet brought to court ,where tippex is showing the results were altered to favour a certain candidate etc .Tiyeni tidikire ma judges basiiii zinazi anali ma opinions ndikuwopa kuchita manyadzi.

Sahara
Sahara
9 months ago
Reply to  FRED LOCKS

Fred Locks sukulu siinakuthandizeni. Koma nkhani ya ku khoti mumaisatira bwinobwino? Ma lawyer a Arafat ndi Lazalo amvekere tikamfunse ma IT expert lero nkumati uyu Muhabi tilibe naye funso? Arafat and Lazalo anati chiyani mu khoti? Some myopic say it was tactical mmalo moti anene kuti wa certificate ya IT by correspondence uja adaona kuti Muhabi ndi mitunda ina. akanayalukatu akanamchita cross examine chifukwa chipumi cha Suleman chikanaoneka akuyesera kubera koma poti zinamkanika that’s why angoipera kutali. Kungootcha dziko mwanupandu basi?

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