Malawi Electoral Commission lawyers ready to take on petitioners in presidential election trial
As time slowly ticks towards August 8 for the commencement of the presidential elections case, there is a flurry of very focused and purposeful activity in the Malawi Electoral Commission (MEC) lawyers camp who have a deadline to beat for the collection and filing of the last vestiges of their trial evidence.
The Constitutional Court had given MEC a five-day relief to conclude collection of sworn affidavits before trial starts in a case where petitioners want presidential election results nullified.
Now lawyers in the MEC legal team led by private practice lawyer Tamanda Chokhotho, they are upbeat and most are very eager for the trial to commence in earnest.
One of the MEC lawyers – who asked not to be named because he has no mandate to talk to the media – said the public has for this long being fed lies that the election was compromised by the Commission.
“When trial commenced, it will not even take a few days for the general public to know the real truth, which by the way, also points towards why people that have filed an election petition cannot wait for their turn in court but are proceeding with demonstrations seeking the resignation of the MEC Chairperson over alleged conduct that is the very subject matter of the trial,” said the lawyer.
So far, the lawyers have filed so many lever arch files of rebuttal evidence they are even pondering whether the court may not consider moving the trial to another more accommodative venue.
Asked on this issue, the lawyer said that their camp has mulled the issue but would rather leave it to the court itself to make a decision when trial starts.
MEC was recently given a 5-day extension for compiling sworn statements and a court order against officials and supporters of first petitioner UTM Party president Saulos Chilima and second petitioner Malawi Congress Party (MCP) president Lazarus Chakwera, restraining them from interfering with their work.
The electoral commission argued that it needed more time to solicit information and submit disclosures because that would benefit all parties involved in the case.
The extra five days have made the court to shift the commencement date for the full hearing from July 29 to August 8 after MEC submits all the relevant documents to the court on 6 August.
On his part, lawyer Frank Mbeta, who is representing President Peter Mutharika (the first respondent in the case), has filed to the Constitutional Court to throw out the consolidated petitions of UTM Party president Saulos Chilima and Lazarus Chakwera of Malawi Congress Party (MCP) challenging results of the presidential race in the May 21 Tripartite Elections which favoured Mutharika, for lacking evidence of irregularities and wasting court time.
Mbeta argue that the Chilima and Chakwera have heavily relied on the use of the alteration fluid known as Tippex as a basis to nullify the election.
“The Petitioners have deliberately failed to adduce the source documents ( Forms 60C) which are the stream results in order to contradict the results sheets that were relied upon by MEC (form 60c) when announcing the results,” lawyer Mbeta argues for Mutharika.
“The Petitioners have miserably failed to tell the court the effect of the alterations on the votes polled by the candidates.
“The petitioners have also failed to tell the court the fact that alteration fluid used was only for reconciliation of the figures and not to change the votes of the candidates.”
The High Court consolidated the petitions into one case and referred the matter to Chief Justice Andrew Nyirenda who subsequently certified it as a constitutional matter and assigned a five-judge panel to hear the case as a Constitutional Court.
The five-judge panel comprises Healey Potani, Mike Tembo, Dingiswayo Madise, Ivy Kamanga and Redson Kapindu.
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Please reporter,, next time balance the news findings.. why didn’t you interview the petitioners lawyers as well??
An empty tin makes a lot of noise, anzanu ali duuuu
nyumwitsa yu think silungwe and lawyer MODECAI MSISKA CAN GET AFRAID WITH THAT, THESE TWO LAWYES ARE NOT LAWYERS TO PLAY WITH
So that’s why these buggers want to demonstrate pa 6 eti? Awona game yagwa
Guys kodi a mcp and utm mukufuna kutenga boma through the back door? Ku press conference a mtambo ndi anzawo ayankhula kuti zopusa kodutsa ka ten ndiye inu mutukwana bwanji? Mastyle atha a hrdc basi kutukwana. Ana ayamba kulira ndi mkodzo wawo.
Let us wait and see, pajatu lawyer sasowa chonena or a rapist caught red handed amamuyimila trying to defend him before court of law that is not guity kkkk
Even Albino killers have lawyers to defend them
In fact a DPP amakana atagwidwa pants down akupanga ma deal a foodration ndi PI. Like all career criminals, serial killers they always have answers, deny, deny and deny…however bizarre their answers may sound.
mtolankhani wa DPP
During WW II Hilter’s Army used propaganda to demoralise allied forces. The weapon used was to spread fake news that German soldiers were raping wives of allied troops. After the war it was discovered that such acts had not taken place. So this lawyer’s statements are just meant to demoralise petitioners. It will be revealed that he was an evangelist of fake news.
The good news is that the case will be tried in competent court – give your evidence in court and the other camp will argue their case. The judges shall make a final decision!!!
Mantha awa. Mugwa Zitsilu inu.
Nkhani ili apa ndiyoti ife a opposition ndife anthu olira komanso owawidwa mtima kamba koluza zisankho koma umboni weniweni woti zisankho zidabeledwa tilibe. Tippex is just a scapegoat because the original copies signed and submitted by our monitors do not differ with those claimed to have been tippexed. Ndiye funso ndiloti, kodi mavoti ena asinthidwa kapena pena pake pali tippex ndiye basi tivotenso?
Was it not Jane who was surprised that tippex was used? Was it not NEC which suspended the presiding for being found with pre-marked ballots for APM in Mzimba.
DPP woyeee
This is interesting.
Anamalira amvetseni, iwotu akuti ali ndi evidence using results streams from Facebook via Whatsapp to MEC which showed both Petitioners won the elections. They also have TipExed forms which altered the results of the candidates, and most reliably Their source documents from Facebook and whatspp, which were duly signed , authenticated and approved by all party agents (MCP,UTM,UDF,DPP et al), MEC, Independent Auditors, Independent Observers,Private monitors and tally centres differed from those which was received by MEC and announced by Jane Ansah , so she must RESIGN……Hahahahaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa Kuseka kundipwetekaaaaa!!
Frank lawyers can not say all this nonsense…………. !! Lets wait for the August 8 when the jazzie starts!! If MEC was too smart why are they failing to take on the outstanding Chikwawa parliamentary head on………. kkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkkk koma anamalira awanso!! Are you trying to transfer the court into the media!! Phumali bwanji?
hahahaha ohhhh my lungs
kodi iwe ndamene wapeleka tippex ??? tippex anachokela kuti ? u wu talk it again and again
when given a job you always give your bosses some confidence of winning ,that’s what you are paid to do ,sungawauze kuti tiluza ,we wait and see
Kkkkkkk agreed that is a strong point Chaos.
Absolutely true. Lawyers defend even a rapist while they know it, it’s their job. Lawyers even tell you it’s working when they know that you are heading for doom.
Of course. There is no case according to the MEC lawyer who wants to remain anonymous. In 1998, my defence lawyer advised me in a similar fashion. I was convicted of raping my wife and spent time at Karonga prison. I have to check whether that lawyer is part of the MEC team.
Your defence lawyer cant win any case if at all you were convicted for raping your own wife, I am not a lawyer but on this issue I could have defended you and you could have won the case,
As per the current case which is currently in court at the constitutional court, the MEC will win the case and both Chakwera, Chilima will lose the case, Their lawyers don’t want to tell them the truth because there are a number of issues which the judge will look at, they will not only look at the tipexed forms but a lot of information at the very same time, they will look the role of stakeholders at poling station as well as at the main Tally Centre,
Zomwe akupanga achakwera is like ku hopela nkazi woti wakwatiwa and kumakhalabe ndi hope yoti azamukwatira nkazi yemweyo, he needs to be told plain truth that he lost the elections and he moves on and start strategizing on how he can play around with MCP constitution in order to bounce back but as for now Career ya U president ayiwale
Paperback
kkkkkkk you just made my day!
NGATI AKULEPHERA KUPANGA SORT OUT MLANDU WA MP NDIYE NKHANI YAYIKULU NGATI IMENEYI ANGAYITHE TIYENI TIKUMANA PA 8 AUG-19 MUZIZILIMBITSA MTIMA CHONCHO
Why are the MEC lawyers commenting on a matter which is in court? Are they trying to manipulate the courts and the people? Thus far they are the ones who have been asking the court to postpone the day of the trial. We will see what you have got next week when the trial starts.
kkkkkk mwakula mwatha. Anzanu akufuna cup yomwera tea inu mukukawapatsa mbale. Pali nzeru pamenepa? Try and error.
Kkkkkkkkk clearly written by a DPP sympathizer, cadet. Nanga bwanji just 3 cases ku Nsanje and Chikwawa a MEC akulephera kutulutsa ma original tally sheets?
Don’t mind them