Malawi Electoral Commission files 748 sworn statements: Argue Chilima, Chakwera have no case
Malawi Electoral Commission (MEC) has complied with Constitutional Court’s set dateline for filing and serving of 748 sworn affidavits in opposition to petitioners UTM Party president Saulos Chilima and Malawi Congress Party (MCP) president Lazarus Chakwera, in a case where the two want presidential election results nullified.
The lawyer for MEC Tamando Chokotho confirmed that they have filed the sworn statements.
According to the sworn statements seen, the two petitioners have no case at all, Nyasa Times sources have revealed.
Going through the documents that were filed on Tuesday, July 30 2019, there is no evidence at all to suggest that the re-election of President Peter Mutharika was irregular as alleged by Chakwera and Chilima.
“Sampling through the sworn statements, it is clear that the election was transparent and free and fair, and that the results announced by MEC were a true reflection of the will of the people,” commented one legal expert who had perused through the sworn statements.
Chakwera and Chilima are seeking to nullify the re-election of President Mutharika, citing the use of Tippex, which is a correction fluid, as their main ground for application.
However, going through the 748 sworn statements filed by MEC, obtained from various Presiding Officers across the country, it is clear that the use of Tippex was simply an afterthought by the officers, all of whom are primary school headteachers, to correct statistical errors on the results sheets, which errors had arisen from genuine arithmetical errors
“I can indeed confirm that MEC has files about 750 sworn statements, all of which are to the effect that the presiding officers are confirming the results that were announced, as being a true reflection of what they counted at their polling stations,” said one court clerk at the Lilongwe High Court Registry, who opted for anonymity, out of fear of the obvious.
But lawyers for both Chilima and Chakwera said they will argue their case in court with their evidence.
As it is, the battle lines are now drawn and the nation should expect fireworks as soon as trial begins.
The Constitutional Court on July 26 ruled in favour of MEC granting them a 5-day extension to finish collecting sworn statements from their witnesses.
Nyasa Times understands that lawyers for the two petitioners, Mvalo and Company, and Nicholls and Brooke’s have asked MEC to serve them the documents on the morning of Wednesday, July 31 2019 as they had already closed their offices when the documents were ready for service.
This means that MEC has complied with the order of the court, and the case is now ready for trial.
Over the past week, rumours were awash on social media that the first petitioner, hilima has told former president Bakili Muluzi that he is willing to withdraw the case, if President Mutharika is willing to consider his party four cabinet positions and some diplomatic postings.
The presidential case has been marred with concurrent violent demonstrations which commentators fear may prejudice the outcome of the case.
Meanwhile, the legal team for MEC are upbeat on the case and are ready to start trial on August 8, as directed by the court, although the lawyers for Chilima have still not complied with the court order to serve then with a paginated bundle of their court documents.
Apanel of five judges of the High Court of Malawi comprising Healey Potani, Dingiswayo Madise, Ivy Kamanga, Redson Kapindu and Mike Tembo are hearing the case sitting as Constitutional Court.
MEC declared that Mutharika won re-election with 39 percent of the vote. Chakwera was second with 35 percent, followed by Chilima with 20 percent.
Chakwera and Chilima are alleging ballot box stuffing and the use of correction fluid to change votes.
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Where is the auditors report? What about if the report has highlighted that the use of tippex was wrong? Show us the report please.
Ruling will read as follows: background will be outlined and therefore, the judges will declare that the elections were free and fair and minor issues of tippex can not form any basis for nullifications. Elections results were audited by international auditors before announcement and therefore the declared results were a true reflex of the outcome. The court knows that the contetious issue was about the use of tippex. The court finds merit in that argument because a careful examination of all result sheets where tippex was used has established that the tipex was used for positive intentions to correct mistakes. This has been testified by sowrn satements of those who signed for the result sheet.
no professional auditor can allow use of tippex on earth.
There is a very good reason you cannot cash a cheque that has correction fluid all over it.
STUPID DPP
YOU ARE THIEVES!
YOU HAVE EATEN A LOT WHICH MEANT FOR MALAWIANS,
STUPID
kkkkk
dpp propaganda at its best
STREET LAWYERS OF DPP- FRANK MBETA
DPP=LOOSERS
But who was so generous to supply tipex across the country at his personal cost? This atticle looks generated by DPP/MEC. We are at the court and this swon statements are fabricated.
Zodabwisa izi; Nyasa times chonde lembani zinthu zotithandiza owerengafe osati zopekazi. Inu mwaziwerenga zakukhotizo kuti muposite apa?
MEC is giving contradictions here, first it is denying that it gave tippex ( denying wrong doing), then collecting witnesses to justify the use of tippex(acceptance of wrong doing), MEC lawyers lack of logic is admitting its errors here.MEC can not reconcile between two statements.
Sworn statements after receiving money? Thinking the judges are fools?
Apa Muwafuse a Mec,anakatenga kwandani ma Sworn Affidavits coz kwanthu kuno sanabwere.i hope asignitsana okha okha…fufuzani bwino bwino mupeza chinyengo china achita iwowa
I don’t understand why the supreme court allowed sworn affidavits from political agents to be used as evidence in the court. In South Africa every political party, or independent candidates are represented by an agent at every polling station. The results reflected on the sheet of every polling station are signed by all political party agents. The MEC says it has sworn affidavits of 748 agents. The question is: How many agents of all political parties and independent candidates where there during the general elections. I will assume there were more than 748 agents of all political parties that verified the results from each polling station. The assumption now is that the 748 agents that made a sworn affidavits are the DPP and UDF agents. The court must ask every political party how many agents did they deploy to verify the results in every polling station. Lets look at bigger political parties that could have deployed their agents in every polling station —DPP, MCP, UTM, PP, AFORD, UDF, and etc. Do you think the total number of all agents that represented all political parties at the polling stations countrywide were only 748? Come on? These agents at the poling stations representing their political parties are not the expenses of the MEC but their own political parties. So, the MEC can’t complain about it—–saying there was no money to foot the bill. The other question I want the MEC and their lawyers to answer is the circumstances in which the sworn affidavits were taken? What steps did the MEC and its lawyers took to make sure these sworn affidavits were not taken under duress and undue influences? The MEC as far as it concerned it has lost its credibility from the Malawians and it cannot be trusted. What steps did they take to ensure that the sworn affidavits are the true ones? I believe every political parties in Malawi will submit the list of its agents that represented them in the general elections. I bet you—adding all—–it will be more than 748. These 748 sworn affidavits come from DPP and UDF agents. This doesn’t add up. The DPP has a trail of violence, theivery, cheating, corruption and the list goes on. For example—-they paid Seodi White to organize a group of women who were paid MK3000 to participate in the demonstration to support Asnah. They are very good at bribing people. They are also very good at violence by brandishing pangas and machetes to impose their will on Malawian people. Peter Hitler Mutharika is a snake and Malawian people must fight him to the last of their breath. Alluta Continuaaaaaaaaaaaaa!!!!!!!!!!!!!!!!!!!!!!!!!!
why write a book out of this Mr Northerner? it is boring.. Just follow the court proceedings and see if your violent Anti MEC group can carry the day!
it seems you have answers to all the questions you have asked! violence will not help matters munyane!
Join the discussion..TO MR. I’M THAT I AM: You are the most dummest spicies God has created and later on regretted your existence.. Who is violent here? The actions of Peter Hitler Mutharika are the ones which are violent. Malawian people have fired him in the general elections, and he is imposing himself on them through the DPP Interhangwe (DPP Cadets) by brandishing machetes and pangas—-the Rwanda style genocide. He stole the elections and one cannot trust the constitutional Court that has been compromised. The constitutional Court of Malawi is just like that of Zimbabwe—-no credibility. If they are failing to call a “quota system” unconstitutional because it violet other people’s rights to education then what? The sworn affidavits from the MEC excluded other political parties agents. Those who swore did it under duress and undue influences. The MEC leadership is the one which has screwed up everything because it allowed itself to be compromised. Greed of the MEC leadership is the one which is igniting Malawi on fire.
The sworn affidavits were compiled from statements by presiding officers which were public officers hired by MEC i.e. headteachers. They were not affiliated to any party in as far as their contract with MEC was concerned during the election. Let’ s be objective in our arguments please.
To Backbencher: You don’t even know what is the meaning of free and fair elections. The MEC may have hired people who were not “affiliated” to any political party. But the participating political parties have agents that verify the results at every polling station. Once everybody agrees that the figures reflected on the sheet of that particular polling station—they all sign. Therefore the supervisor of that polling station call the the MEC office to tell what were the results of that particular polling station. If some mistakes were made at that particular polling station a new sheet will be used and all agents of all participating political parties will sign as the true results of that particular polling station. A tippex cannot be used because it is against the rules. We can’t say the supervisors that were hired by MEC were neutral people and how do you know about that? The DPP is a party of thieves, killers, and corrupt individuals. Jane Asanah was already bought. SADC is a useless club of dictators. When Morgan Chingirai in Zimbabwe won Mugabe refused to step down. All SADC dictators said Mugabe won. Today the truth is coming out that Mugabe lost the elections. The only sworn affidavits that could be creditable are affidavits signed by the agents of all political parties not the supervisor of a polling station that was employed by MEC. MEC here has been taken to court being accused of cheating and breaking the rules of elections where the use of tippex is not allowed. It will be really disappointing if the constitutional court says the results stand.
we are ready to cecesed the north . and the south will be able to stand alone. After all you have been thorns in our fresh
One kudadwa Team yowina inganene kuti tisewelenso kuti apezeke owina? Just bring your evidences to the court APA tingopusisana Chilungamo mukuchidziwa nokha.
And this is the first time since. Basi aphunzitsi onse kungogwiridzana kuchoka Chitpa mpaka Nsanje ati pakakhala ma mathematical errors tiyeni tigwiritse tippex. He provided them with tippex? Ma shop aku mudzi kungapezeke tippex?
The same primary school headmasters have been counting votes since 1994, how come statistical errors were made only in 2019? On a mass scale for that matter? Countrywide? Does that make sense at all? Umbuli wa amphunsitsi osaeunamidzira please
were u there in 2004 and 2014?
Muona kuti mutan koma umboni ndiye ndi umenewo . cont crying useless nad headless followers, DPP and mec will win this case for sure. Lets see umboni wanu osamangoti atibera basi show us wat u gpt
Sworn statement is not umboni. Naweso ndiye ndiwe mbuli. School unapita kuti? Umboni ndi umene ali nawo a MCP ndi UTM. Your days are numbered, you need to start packing!
Dziko lija lapita this country will be hard to live mutendere sindikuona for the next 5 years
Stupid MEC why you were using old type of rigging with Tippex and what about those madando mbuzi Jane ansah nothing koma kuthamangila kulengeza kuti agogo awina.MUTIUZE TAMALAWI KUTI TIZIVOTA KAPENA AYI CHIFUKWA SINDIKUCHIONERA CHOMADZAVOTANSO APA SIMUPANGA ZOFUNA AMALAWI AGALU INU FUCK OFF
Sworn Statements does not mean that what they have presented are true. Each party has evidence. Now the Court will hear both sides and make judgement based on evidence presented.
Inu olemba muzilemba ngati mudapita ku school.
Am not sure the affidavits will explain why results sheets are missing. Why everyone was goven 500000 votes. Why other monitors did not sign results sheets.
Sometimes Malawians we need to stand on the truth not always look for money there’s people in Rural areas they don’t have food they don’t have even single coapol to buy soap to wash their cloths while this stupid people for DPP are putting money for this poor people in their pocket. When we gonna learn to open poor people’s eyes not blind them? Please Malawi wake up. Peter Mutharika is one of the weakest leader in Africa so why we still give hem space? he is stupid
Kodi makolo akamufunsa mwana kuti awaonetse school report lomwe lionetse number yomwe wakhonza ndiye mwana uja angakatenge ophunzira 748 amukalasi mwake kuti akamuikire umboni pamaso pa makolo akewo?
CHE M’BWANA NKOLOKOSA FUCK YOU IWE NDI CADET WA DPP, I KNOW WHERE YOU ARE STAYING.
TITHANA NAWE….WHETHER YOU LIKE IT OR NOT THE ELECTIONS WILL BE NULLIFIED
I see the queue answering perjury charges getting longer and longer.
The author of the story above is biased and surely he does not know what he is writing on the wall.The whole story is just a propaganda and full of decorations. Get my point very clearly that leave this matter to
the Court Judges for true justice to be seen. Ladies and Gentlemen this is the world and everybody is focusing on Malawi elections hence International bodies are just quiet. If you snatch someone’s victory God sees and automatically you snatch your own days of living on earth but will see the results and lets wait so patiently and see the actual results. Very few people are still happy to put Malawi at ransom which many of us do not want it be extended to revolution. Malawi has been known as a peaceful Country world over but now its a total shame and its good history and reputation doomed. We all know that this is the acts of evil minds as it now further been planted into some poorer fake reverends who have/had gone different direction instead of corrective advice to their Christians. Such reverends though promised to go to Embassies on their retirement period but God will truly give such what you reverends a basic retirement defeating that one given by a human being. Let us wait and see the powerful living God of Abraham,Jacob and for all of us. I have left this in the name of the Father, the Son and Holy Spirit Blessed For Ever!
AMEN.
An empty tin makes a lot of noise! Anzanu ali duuuu being very professional, will meet you in court
Let us wait and see. The court will make a determination on the matter, From the start, the court made it very clear that MEC has a case to answer.
Well, now the case is on. I hope our team has sharp lawyers, and better evidence. Do not demean head teachers as people who can not properly add math. They have presided over many elections already
There has never been justice in any court in the world. The one with the best lawyer wins
mwazionatu abale Saulosi ndiochenjera simwamuona akumapanga ma meeting ndi Peter…Lazarus take care musaululure chilichonse kwa Saulosi basopakuyendani pansi mwana ameneyu ndi katakwe yatwa.Welldone Sauilosi timadziwa iwe ndiwe wathu.We groomed you in DPP AND TO dpp uzdzabwerera keya twist of events.
748 Sworn statements????? Did they remember to get one from the guy who was found with pre-marked ballot papers for APM in Mzimba?
Going through the documents that were filed on Tuesday, July 30 2019, there is no evidence at all to suggest that the re-election of President Peter Mutharika was irregular as alleged by Chakwera and Chilima.
“Sampling through the sworn statements, it is clear that the election was transparent and free and fair, and that the results announced by MEC were a true reflection of the will of the people,” commented one legal expert who had perused through the sworn statements.
The mind of opposition is corrupt. To them justice is when the court determines a rerun. What if court makes a determination contrary to your desire? Will that not be justice? The issue here is that Chakwera knows he has come to the end of his political career. Chilima just doesnt know what he wants. He is confused. However, let the battle begin in court.
MEC lawyers becareful, and MEC officials take hide…. MEC its not independe body it needs reform. imagine they think like children they have never gone to school.
even if you can compile 1million affidavits, we know the truth we went to school, we know something went wrong.
dont forget in Lilongwe lawyers are not stupid like some of you in BLANTYRE who want to twist the truth. they will show you the real justice .
And some individuals ku MEC adzachotsedwe ntchito sakutha chilungamo. The truth is chakwera won elections according to the verifications which has been done in districts with MEC AND POLITICAL PARTIES AS WELL AS LAWYERS. MUNTHALIKA HE WAS NUMBER 3
BUT TIME IS OVER, they have to go WE ARE TIRED.
Maloto kkkkkk ma district ake ati amenewo? Koma enanu mumaufera usapota wachipani ngati kuti mwina Chakwera ndi okhazeni anu kkkkk. Statistics imeneyi munaitenga kuti baba? Tingokuvomerani poti mzimene mumalota. O Chakera anakhaladi pa number 1 kachipani ka ma mp4 number 2 ndipo DPP ndi ma mp73 ma number 3 kkkkkk. Ndikhulupilira mwasangalala.
Am with u brother/ sister’these idiot mec was js templry eitheir gone to xol wt a mec jeolusing wth chakwera? Is it coz o mney? Mmm malawi wil remain dust
Good work MEC lawyers! I trust that the 748 sworn statements will, among other things, also clarify the mystery of the existence of some pre-marked ballot papers. What about the recent discovery in the Chikwawa and Nsanje constituencies of the reported ‘ TAMPERING WITH’ some ballot boxes which were supposed to have been sealed and safely stored in the MEC warehouse? Most of us do not possess legal minds, but the 62% or so of Malawians need convincing answers to shade more light as to why, for example, a presiding officer who was arrested by the MDF was also found in possession of pre-marked ballot papers all of which bore the name of a particular presidential candidate? MCP and UTM lawyers, representing the 62% of the aggrieved Malawians, already submitted their part of petitions on behalf of their clients. Now it’s time to wait for justice to be seen to be done. The Constitutional Court will have a thorough examination of both sets of ‘opposing’ evidences and then determine in their judicial knowledge and abilities the kind of conclusive judgement that should be accepted as reasonably just in accordance with the constitutional laws of the Republic of Malawi. May God help our beautiful nation and keep her a land of peace.
Sounds sensible to your fellow cadets —but why tippex ?? Why did they use TIPPEX which was not part of the game/elections ??
Mwina sukuvetsa msanga tipex Ali ngati rubber ofufutira molakwika momwe mwina mwalakwika machongedwe or else kut zikhale bwino o poleka ndi ma teacher osati amec ,amec zawo zinayenda both
Ma lawyer a Chilima mukuchedwanso bwanji ,ndimayesa umboni woti chisankho chinabeledwa muli nawo ?
Kkkkkk
Akaluza mlandu chakwera ndi chilima onse amangidwe anzunzitsa anthu osalakwa mfiti za anthu zimenezi zonsafunikira mdziko LA Malawi anthu oipa owononga ndikanakhala ndimalodza anthu ndikadakulengerani chiphaliwsli
Sure ndithu
Irregularities, ballot stuffing, extensive use of correction fluid, tampering with election documents in storage, inability to produce original documents, collecting affidavits after the fact, any one or two of the above should be enough to nullify the election results.
You can not rely on documents that have been tampered with at a bank, on a last will and testament, in an examination, admission to college or on a job interview why should we accept them here? is the bar that low?
Forgot to mention 6 dead bodies of individuals who appear to have had information on the manipulation of votes. Who is behind the killings?
Needless to say people might be signing affidavits believing that is the only way to survive.
All this will be trashed out in court. They could even collect a million plus statements, but the court analyses those statements and make a decision by considering arguments from both sides. In the fist place why is MEC insisting on dismissing the case when the same court already rejected their plea for dismissal of the case. This means the Lawyers are confused and have no strong evident to argue the case. Evidence is in two categories – strong and weak evidence. It is the weak evidence that is usually thrown out by the Judge.
Evil MEC.
Affidavit is not an issue, the issue is who drafted the Affidavit, by just signing them doesn’t mean the case is won, it is just to bear the witness that what happened,happened! Therefore the battle will be arguments in the court by providing evidence to prove that indeed the elections were free and fair not by signing of 748 Affidavits, i have been signed wrong Affidavits just to make the case easy even you know that you are not going to get anything form it! I know kuti the writer himself doesn’t know this. Kikkkkkk! Let the fight start!
Cadet uyu waweluza kale mlandu. Sworn statement does not mean what is sworn is true. Wait for the evidence of the other side.
Who concludes Chakwera and Chilima have no case?
If primary school teachers can help their own student to cheat in PSLCE exams, what more with elections? These sworn statements are useless. We are the use of tippex was an afterthought. Who gave it to them when MEC did not provide? This is what they have been to say and this is what Jane Ansah indirectly said in her interview.
748 zachani zonsezo?? kufuna kuchedwetsa case basi mbaza zimenezi!
Only the courts can determine if at all Chakwera and Chilima have no case.So making conclusions now even before the courts starts hearing the case will be unwise.Any party in a case will always assemble and collect statements that favour it in any case.Did you expect MEC to collect sworn in statements that are not in its favour,let the courts decide please
Tiyeni tione kuti tsopano muzikatani ku ma demo? Looting?
Fake!
Actually confession of guilty
We need original voting documents not statements from paid up useless Returning Officers. Anyone can write anything to please the masters or out of fear. In the absence of original documents the court will not waste time with your cooked up affidavits. Already the court has ordered the prosecution of MEC Warehouse Manager because of the same cooked up affidavits which were bent on misleading the court. Anyway we will give our own verdict next Tuesday through a One Million Man March!
Iwe ndi cadet eti, can you explain the missing of documents in ballot boxes from Nsanje and Chikwawa whose results are being challenged. You as reporters need just write stories without taking sides. Just present facts. Mwayamba kukhala ma judge nanunso? Kapena mukumanyemeredwa like those who have created many fake facebook accounts? komanso you must edit your stories please, they are full of errors these days nanga mpakana hilima instead of Chilima
This is propaganda trying to confuse people. Mlandu tidikira kutinuyambe pa 8August 2019. The deliberations will guide the path and likely outcome of the case.
The Fearless Samurai (Jwampiriu)
This is obvious. Polling staff were part of the rigging and I don’t expect them to refuse to sign the affidavits or project that the results were untrue reflection. Just because they have signed the affidavits doesn’t necessarily mean the results are true. These guys could be lying and that is another case.
Let’s wait for the case to begin. The petitioners have more evidence to prove their case.
Even peter knws thts y he swing mouth sy dpp fweee!! Shiiitii (gundwana) dt think we malawi r stupit go to hell son!
MEC drama group who are cheating? You think mukalembesa this article will change your mess?Sitikusiyani tili nanu nanu.
koma yeah
mafunso mkumati:
1.kodi tipex anawapatsa ndani anthuwa
2.komaso kodi mkololedwa kugwilitsa tipex ngati ndi ayi
3.ndiye inuyo a MEC munalolenji kulandira za tipex
4.kodi ndi njira yanji yomwe munalora anthuwa kugwilitsa popanga correction
5.nankha mukuganiza ndichifukwa chiyani anagwiliitsa tipex kutsiya njira yovomelezekayo
6.pakati pa inu ndi aphunzitsi kodi amayenera kumuza zochita nzake ndani
Ine ndikuona kuti kutseli kwa tipex kunali kanthukena ndichifukwa inu a MEC munalora kulandira izi koma ngati malamulo athu sakulora tipex kugwilitsa ntchito vomelezani kuti munalephera ndipo anthu avoteso.
Ngakhale chamba anthu ena akasuta chimawathandiza kugwila bwino vep koma this can not be a defence kwa iwowo atapeza akusuta amangidwa basi chifukwa lamulo lathu sililora ndiye ifeso musatiuze kuti amapangira ma correction koma nkhani ndiyoti tipex ndiosaloledwa….
That’s the voice of DPP cadets. People who don’t love Malawi
Malawi electoral commission is aboady full of stupid and incompetent people . This body must be dissolved and have another one.
Even if they can file 30000 sworn affidavits what we know their lawyers are full of shit so as the body.. HOW CAN THEY SAY THE ELECTIONS WERE FAIR and yet we saw tampered electoral materials using TPPEX not allowed in elections process .
Bungwe ili please if MCP TAKE OVER GOVERNMENT MUNTHETSE BUNGWELI MUDZAWACHOTSE NTCHITO .. WE NEED MIND WITH INTEGRITY.
Plus jane ansah please adzamangidwe no matter what? If chilima can win certainly JANE ANSAH ADZALOWA KU NDENDE.
MEC MUKUDZUTSA MKWIYO IN THIS COUNTRY BACKING STUPID THINGS NDI ATTORNEY GENERAL MUNYA IF THE CASE DIVITED.
INU AMEC APA NDIYE NDI PAMENE MWAWONETSERA UCHITSIRU WANU ONSE ANTHU MUKUGANIZA KUTI SAKUZIWA ZIMENE MUMA PANGA NAWO PRISIDING OFFICERS THIS WEEK, TIYENI TIKUMANA KU KHOTI KONKO NEXT WEEK
Cadet kuyesesa kuti anamize mtundu wa a Malawi. Who supplied the Tippex?
Please someone at MEC answer this vital question, who, indeed supplied this correction fluid and who funded the purchase?
Nyasa Times sworn statements does not mean there is no case. Evidence found at MEC offices during inspection must defended by MEC. This is case is serious and MEC announced results without even checking the reasons why presiding officers used tippex. It is impossible that all 28 district had arithmetical errors to erase figures using tippex no. Even one district all centers not feasible. So this is a serious irregularity. Malawi will see justice this year prevailing.
I am sure we have enough Banja tea for the legal team and the spectators.