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 first petitioner UTM Party president Saulos Chilima (r)  and second petitioner Malawi Congress Party (MCP) president Lazarus Chakwera

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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National CEO
National CEO
2 years ago

Where is the auditors report? What about if the report has highlighted that the use of tippex was wrong? Show us the report please.

kaukonde
kaukonde
2 years ago

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.… Read more »

joe Atiku
joe Atiku
2 years ago
Reply to  kaukonde

no professional auditor can allow use of tippex on earth.

Bellani
Bellani
2 years ago
Reply to  kaukonde

There is a very good reason you cannot cash a cheque that has correction fluid all over it.

gwenenthe mwale
gwenenthe mwale
2 years ago

STUPID DPP
YOU ARE THIEVES!
YOU HAVE EATEN A LOT WHICH MEANT FOR MALAWIANS,
STUPID

phillips wanga
phillips wanga
2 years ago

kkkkk
dpp propaganda at its best
STREET LAWYERS OF DPP- FRANK MBETA
DPP=LOOSERS

Mika Kunda
Mika Kunda
2 years ago

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.

GRAY AKUZIKE MANDA
GRAY AKUZIKE MANDA
2 years ago

Zodabwisa izi; Nyasa times chonde lembani zinthu zotithandiza owerengafe osati zopekazi. Inu mwaziwerenga zakukhotizo kuti muposite apa?

President Mkango Lion Manthakanjenjemereza
President Mkango Lion Manthakanjenjemereza
2 years ago

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.

Sahara
Sahara
2 years ago

Sworn statements after receiving money? Thinking the judges are fools?

zenizeni
zenizeni
2 years ago

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

NORTHERN MALAWI FOR FEDERALISM

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… Read more »

I'm That I am
2 years ago

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!

buchizgaluwe
buchizgaluwe
2 years ago
Reply to  I'm That I am

it seems you have answers to all the questions you have asked! violence will not help matters munyane!

DRUMMING FOR JUSTICE
2 years ago
Reply to  I'm That I am

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… Read more »

Backbencher
Backbencher
2 years ago

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.

NORTHERN MALAWI FOR FEDERALISM
Reply to  Backbencher

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… Read more »

kaukonde
kaukonde
2 years ago

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

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