MCP demands MEC to produce audit report by firm hired in Malawi 2019 elections: Bank statements of data clerks

Malawi Congress Party (MCP) has asked the Constitutional Court  that  Malawi Electoral Commission (Mec) should  make available an audit report by a firm that was hired to certify the disputed May 21 2019 Presidential Election.

Lawyer Titus Mvalo representing MCP : Let MEC  handover audit report to court

One of MCP’s lawyers, Senior Counsel Titus Mvalo, has confirmed that the party had applied to the court to demand the electoral body to make available identities of data entry clerks and their respective bank statements from May 21 to June 29 2019.

Mvalo said this has been lodged with the court in support of an application for the disclosure of the documents.

“I refer to the sworn statement in support of an application for the disclosure of the documents filed on 7th June 2019, in addition to the documents listed in the application for disclosure. I demand disclosure of following documents for all presidential tally sheets for all the 28 districts from 73 C and original presidential results sheets for all 5,002 polling centres among others,” reads a swort statement from MCP signed by Mvalo seen by Nyasa Times.

In the demands, MCP further request the  copies of contract documents  such as call for expression of interest and bidding that MEC received from all competing firms, notices of award of contract and the signed contract documents from the auditors the commission hired during the elections.

The MCP has  further  demanded all records of data clerks’ bank  statements to ascertain if they were financially influenced to manipulate the elections.

“We are looking for a second respondent’s constituency returning officer and their respective bank statements for the period beginning 1st May, 2019 as it is alleged that they received money to manipulate the elections results in favour of 1st respondent,” reads the sworn statement from the MCP lawyers.

According to Mvalo, the demand  comes after allegations that on or about May 23 2019, a an electoral top official told the clerks at Comesa Hall in Blantyre that “someone” wanted to give them money for lunch and went further to tell them not to bite the hand that fed them.

In the statement, Mvalo says the clerks allegedly received K18 million each through their respective bank accounts.

Mvalo also said the party had applied to the court to restrain MEC from tampering with election documents and hand over to court all original election-related documents.

“We have filed two applications—one is an application for discovery, the way MEC proceeded was that it was relying on duplicate (documents), but we want the original documents. That’s a disclosure application. Another application is on preservation of documents in their custody,” he said.

 

Mvalo said they noted that MEC were removing some documents from their website.

 

Voting in the tripartite elections took place on May 21 in 5 002 polling stations nationwide and DPP President Peter Mutharika was declared a winner seven days after the voting, securing his second five-year term.

The results have, however, been challenged by Mutharika’s main contenders, MCP  and UTM Party, who have called for the nullification of the presidential poll, arguing some anomalies were overlooked.

Both MCP and UTM are challenging the validity of the election results which declared Mutharika winner—accusing the ruling party alongside officials within MEC of rigging the elections in Mutharika’s favour.

According to the official MEC results, Mutharika won the elections by 1 940 709 votes against Chakwera’s 1 781 740, but the opposition says the elections were marred by several irregularities, among them, stuffing ballot papers with pre-marked ballots, tampering with election result sheets through correction fluid known as Tippex and officials keeping result sheets at home.

UTM president Saulos Chilima has specifically alleged that MEC chairperson Jane Ansah spearheaded a rigging plot as she was biased against both Chakwera and himself, claiming in a leaked letter to her that UTM has evidence of the allegations.

But DPP wants the case dismissed for purportedly being irregular, defective and lacking sworn affidavits.

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Maunitsi
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Maunitsi

Bank statements are part of evidence should these data entry clerks received 18million they to explain source of worthy. During the trial of Ralph Kasambala a call log was obtained from airtel and tnm which implicated him and the same cash gaters their bank accounts were investigated. We need to find out the real cause of rigging and who financed them. I know dpp is completely shaken on the matter because its when the whole world will witness how Muthalika was declared winner by Ansah Madando. You dance get prepared and this case resumes tomorrow immediately after ruling by judges.

TOSH
Guest

MY GOD WILL NEVER LET US DOWN ICAN SEE FREEDOM COMING VERY SOON MUTHARIKA COLLAPSING WITH THE OUTCOME OF THE COURT, THOUGH THEY CAN TRY TO BRIBE THE COURT AND THE JUDGES IT WONT WORK THE WRATH OF GOD IS ANGRY WITH MUTHARIKA AND WHOLE MEC STAFF

Ok Ok
Guest
Ok Ok

TIMA DPP SUPPORTERS KU MEC TIYALUKA NAYO COURT CASE YIMENE NDITHU KOMANSO ADZIBUSA ACHINYENGO ANADZADZANA NGATI MA MEC COMMISSIONERS AJA NTHAWI YOYALUKILA NDI YIMENEYI

Cardet wotsutsa
Guest

Hehe hehe koma zilikooooo mukhala anyapala a DPP

Joloza
Guest

Tambala wakuda ndi tambala wakuda basi sazasintha mawanga kkkkkk.

joseph Banda
Guest
joseph Banda

Bullshit! Is there anywhere in the constitution or electoral laws that require to have an International audit firm to produce an audit report or requirements of Bank Statements? MCP took MEC to court so they should produce what they were complaining about. If they ask MEC to do so, it is forcing MEC to accept guilty rather than MCP should prove guilty of the crimes that MEC has committed.

Ine
Guest
Ine

Inu khalani chete

Malawi
Guest
Malawi

Joseph Banda please don’t embarrass yourself here?Ask those who knows the process and procedures.

Ambuje Kukaya
Guest
Ambuje Kukaya

I am so sorry that you and the author of this article misunderstood the request by MCP lawyers. This firm was hired by MEC to audit the election results. What the lawyers are asking is really to find out in what cirmustances the firm was identified and hired……hence the request for the Expression of Interest (EoI) and other documents. Please listen and listen attentively.

Gani
Guest
Gani

akulu inu simudziwa kanthu

COMPREHENDE'
Guest
COMPREHENDE'

It’s so disheartening to see people so ignorant or just straight up oblivious to the realities of the world. Internal or external auditors are brought into organizations for quite obvious reasons that no one should even have to explain the reasons unless you have a peanut sized-brain. BDO Jordan was contracted by UNDP to do the audit of the elections and certify the results for MEC before announcing the winner. BDO Jordan then submitted an elections audit report to both UNDP and MEC; hence MCP is asking for the audit reports to do an audit trail and see the official… Read more »

Silica gell
Guest

These mcp dogs went with no evidence? Did you really have a case to pursue? This is total madness.

JIGGIES
Guest
JIGGIES

Mbuzi cadet iwe!

Galumtsukwa
Guest
Galumtsukwa

Its called Silica gel mbuzi iwe….And there is normal silica gel and flash silica gel. Mbuzi ya dpp

Drake
Guest
Drake

Some of the demands made by MCP Lawyers seems to be funny and interesting, it was revealed that the Auditors that were used by MEC were hired by UNDP. According to Data Protection Act MCP has no right to access into all the Personal Bank Account of the Clerks, this is not acceptable, MCP is not a security organisation like CIA or FBI to Violate peoples privacy. Just fight your case with facts and evidence in your possesion to prove your case rather than being too emotional and making useless demands. Prove it to the Court with evidence from all… Read more »

Mkanda
Guest
Mkanda

There are also acts where such is wavered through a subpoena which courts do grant. Therefore, one would not by myopic to suggest otherwise

Ambuje Kukaya
Guest
Ambuje Kukaya

This is interesting indeed. Have we already forgotten that in the Cashgate trials; financial transaction were also investigated to relate to the cases at hand?

Gona pa Muhanya
Guest
Gona pa Muhanya

Mu Malawi I think mbuzi ndi zambiri Drake is just another goat

Malawian in Cape town
Guest
Malawian in Cape town

I think MCP and their lawyers have lost the plot. How to they expect MEC to produce bank statements of third parties, data entry clerks? This is what we call fishing! I thought they had evidence of this before they approached the courts. I suppose the lawyers just want to be paid. MCP must know that the courts are not like social media. There, the bar is set very high. THEY MUST PROVE RIGGING BEYOND REASONABLE DOUBT!

Mkanda
Guest
Mkanda

A complainant has a right to ask for what is needed that may be with the plaintif What if what they are requesting is the evidence itself?

Kanyimbi
Guest
Kanyimbi

Kodi inu munavota nawo? Inu ndi a refugee m’mene dzina lanu likuwonekeramu. Siyani a za malamulo apange zomwe akudziwa. Inu zithilirani maluwa ku Cape town kwanuko.

Ambuje Kukaya
Guest
Ambuje Kukaya

Please please, a lawyer in Titus’ category cannot ask for something they know isn’t possible to access. You just wait and see for the evidence to prove the electoral maladministration at MEC beyond reasonable doubt.

Central
Guest
Central

Are you a friend of the court? Or is the case being presided over by you: “Malawian in Cape Town”? Kodi kududukila kumeneku bwanji? Ntchentche yopupuluma ina………………………………………! Bwinotubwinoooooooooooooo and bashopoooooooooooooooooo!

Independent Diplomat
Guest
Independent Diplomat

kkkkkkkkkk A mVALO MUSATITSEKETSE