MCP withdraws vote recount bid, petitions court to order Malawi fresh presidential elections

June 26, 2019 Nyasa Times Reporter 61 Comments

In a surprise move  in the on going Malawi elections dispute case at the Hight Court sitting as a Constitutional Court, the opposition Malawi Congress Party (MCP) has changed its stand on the request for a recount of the Presidential Poll and instead the  party is now requesting a fresh election all together.

MCP lawyers Mordecai Msiska (L) and Titus Mvalo
Court has asked MCP lawyer Likongwe to “ sanitize “ his filings
Speaking to the media after the  inter party case scheduling conference in  chambers on Wednesday in Lilongwe lead Counsel for the opposition block Modecai Msiska SC said on instructions from their clients, MCP and the UTM they have applied to the court to amend the petitioners earlier documents to change their prayer to the court .
In all their earlier court submissions, the opposition were asking the court to order a recount for some specific districts citing several rigging acts” by suspected agents of the governing Democratic Progressive Party (DPP) in the results management of the May 21 Tripartite Elections as having distorted results in DPP’s favour.
“ I can confirm that on instructions from our clients we have made an application to the court to allow us amend our petition so that instead of us requesting for a recount of the votes, we would like the court to order that fresh elections be conducted. And we have asked the court to allow us amend our documents accordingly to reflect the new direction,” said Msiska.
MCP, which alongside UTM Party led by the country’s immediate past vice-president Saulos Chilima, is challenging results of the presidential election in which President Peter Mutharika of DPP was declared the winner followed by Chakwera and Chilima in second and third place, respectively.
The country’s oldest political establishment also cites cases of pre-marked ballot papers allegedly stuffed in ballot boxes in Zomba, Machinga and Mangochi districts.
But President Mutharika through his lawyers are opposing the move to amend the application but welcomed what they called the “withdraw of the earlier application”.
“ This is what we said from the beggining. Their so called evidence does not support the petition to recount . There were no issues with counting of the votes. We are glad they have voluntarily withdrawn that one although they chose to be political about it by calling it amendment,” said a lawyer on the team – who asked not to be named because he is not the spokesperson of the  legal team.
According to Msiska, the five judges hearing the matter  -Healey Potani, Mike Tembo, Dingiswayo Madise, Ivy Kamanga and Redson Kapindu – will rule on the application on Thursday alongside other two applications his team has made.
Mutharika and MEC are opposing the new application arguing that the petition includes a request that the fresh election be heard under a new work force at MEC.
“ That’s am attainable . Such an order would assurp the Constitutional powers of the President to apppoint MEC commissioners,” the lawyer added.
The other two applications the opposition has made are that the court should order that some employees of Malawi Electoral Commission  should produce their bank statements and that the court should rule that MEC should submit some rally sheets asked by the opposition.
Meanwhile the Constitutional Court has reprimanded MCP lawyer Likongwe for what the judges said is “ haphazard filing of court evidential documents.”
The court has since asked Likongwe to “ sanitize “ his filings by next week Monday or risk the court rejecting his documents.

MCP contends that Mutharika “won a fraudulent election” fraught with irregularities, including alleged stuffing of ballot papers with pre-marked ballots, tampering with election results sheets through correction fluid and being found in possession of  result sheets at home.

MEC declared Mutharika winner of the presidential race with 1 940 709 votes or 38.57 percent. The electoral body said Chakwera was on second position with 1 781 740 votes, representing 35.41 percent of the vote and Chilima, who debuted on the presidential ballot on UTM Party ticket after falling out with Mutharika last June, finished third with 1 018 369 votes or 20.24 percent.

Like MCP, UTM is seeking nullification of the election results.

On Monday, electoral body chairperson Jane Ansah dismissed calls for her to resign for allegedly compromising herself and mismanaging the May 21 Tripartite Elections and purportedly favouring President Mutharika.

Ansah, a judge of the Supreme Court of Appeal but seconded to MEC by the Judiciary Service Commission, told multi-award winning private broadcaster Zodiak Broadcasting Station (ZBS) in an exclusive interview insisted that the elections were not rigged despite all the top three candidates—President Peter Mutharika, Chakwera and Chilima—claiming rigging.

“There was no room for rigging because MEC made the whole process transparent. MEC is an elections management body and we worked together with all our biggest stakeholders to deliver a credible election. I look at the process we put in place and I don’t see any room for rigging. The process was watertight. It was almost impossible to rig. Monitors, observers and auditors were there. The figures are the right figures,” she said.

In the interview, Ansah refused to admit that the widespread use of correction fluid, widely known for the famous brand Tipp-Ex, was evidence of malpractice.

“Was Tippex used for positive or negative purposes? That’s the court to find out,” a composed  Ansah said in a two-hour interview.

“Tippex is a trade name, it’s a correction fluid. You correct errors. That’s what the court will  determine. Was Tippex used for positive or negative purposes?

She refused to open up on whether MEC has conducted an investigation into how Tipp-Ex was supplied, but downplayed its possible impact on the election outcomes.

The case has attracted scores of lawyers with MCP’s  Chakwera alone—who is the second petitioner in the case, represented by lawyers from 10 legal firms, including Mordecai Msisha, Likongwe and Company, Juris Chambers, Lloyds Associates, Odeide Tax Lawyers, Albaart Chambers, Chris and Legal, Kawelo Lawyers.

President Peter Mutharika, DPP’s presidential candidate and eventual winner of the disputed official results announced by MEC, is represented by, among others, lawyers from Mbeta and Co, M & M Global, Pious Attorneys, Makiyi, Kanyenda & Associates and Mhango & Co.

Chilima’s lead attorney is Dr Chikosa Sulungwe.
The full hearing is expected to start July 29.

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61 replies on “MCP withdraws vote recount bid, petitions court to order Malawi fresh presidential elections”

  1. Nothing is going to happen. Mutharika has now consolidated his hold on power and will not relinquish it. He holds all the cards and will not allow himself to be unseated. Malawi has the old guy in power for another five years and will have to live with it. In the meantime the whole political system cries out for reform and tribalism has absolutely got to be destroyed.

  2. Good move by MCP…..its normal for the injured to change the form of remedy they want from courts.Its normal and common.Why do recount on doctored and fake ballots from fattaou printers as well…..?….This was flawed process..and fresh elections only way to go

    1. Why is MCP so sluggish and not proactive in dealing with such matters of national interest?

  3. Yes good idea!!! we need fresh elections but we shall have them in 2024 panopa tipume kaye zandale tatopa nazo ife – let’s ALL go back to our work places, our businessess, our fields and develop our country – for your information politics does NOT bring food in our HOMES. Inu a Timothy ndi anzanu a Trapence STOP cheating people inu mumadya zaulele basi mukapanga mademo you go to famous Restaurants in Town and feed yourself with expensive meals whilst the poor Malawians whom you invite to demonstrate in the streets go home hungry and they sleep without anything on in their stomach. You have never shared the millions which you recieve to your fellow matchers this is how greedy you are Mr. Timothy and Mr Trapence but GOD will punish you oneday.

  4. Ndizokaikitsa kwambiri ngati mabaloti a last election adakali intact. Ndikutero chifukwa zinawululika kuti MEC was already changing the results records on their web site and the court ordered them to stop. what was the reason behind the changing of the records. In this case already some thing is fishy for a recount to be done.

  5. Now we see the reverse- MCP wants to Tipp-Ex their case in court. Kodi mwazelezeka ? kapena chani/ Even if we went to vote again simungawine- full stop. Panonso you have invited alot of negativity.

    Mukufuna kukaba m’boma inu ngongole zachuluka munya muona?

    1. Nematetule . . .

      Bringing ALL the evidence before the Courts is not TIPP-EXing the case! It gives critical momentum to challenge the present results! The out come solution of resolving the error or fraud is yet to be decided!

      An MRI scan of the MEC TIPP-EXed documents will give facts prevented Malwaians so far!

  6. If you find a roach in your food, you throw the whole thing out. If you find 2 or more roaches, all the more reason.

    The new election will be paid for by whoever is found to have made a conscious effort to tamper with the first election.

    1. Grace . . .

      The conscious efforts of DPP and APM has already been noted. DPP & APM Agents and EVEN APM’S PERSONAL PRESIDENTIAL.AIDS / ASSISTANTS electioneering at the polling sites with most likely embezzled and misappropriated international aid money rigged the election in of itself! How much more evidence do they need?

      TIPP-EX REVELATIONS should further underscore the already had DPP APM election rigging bribe evidence!

      SO IT IS CLEAR DPP AND APM WILL BE THE STUCKEES FOR THE BILL! 😀 😀 😀

      1. There you go! You have very accurately identified the funding source for the new elections.

        good job!!!

  7. that agood idea MCP my lovely party if we could have gone for recounting those guys stupid MEC would have tampered the ballots so that it should tally with what they are having on their sheets, in another way MEC its untrust worthy

  8. Makes sense…Were voting materials secured after voting…Was there security when moving the ballot boxes…Didn’t we hear of incidents where some people were being given to or three Presidential ballot papers…Premarked ballot papers…Bangwe someone was just beaten ,Mzimba the Teacher was just chased away…Timaphwekesa Zisankho punishment should have been Life Imprisonment…Didn’t we hear of Incidents of Ballot Box stuffing… after closure of Polling Centres….

  9. The so-called intelligent lawyers can’t file proper documents? KiKiKi. Koma kumeneko: Kugwa nayo poyera-yera. MCP and UTM are confused. The recount would have been a basis for a rerun. Now that they don’t want that – ife kungoseka.

    1. MCP & UTM may have realized that this is a case of either or but not both! In other words they wanted to make sure the most critical finality was exacted by the Court which is a new vote!

      There is no guarantee that the RECOUNT would foment a new election!

      You have to remember the Attorney’s are employed by MCP & UTM. Their bosses are MCP and UTM! THE attorneys HAVE TO FOLLOW THEIR BOSSES’ ORDERS or be fired!

      The filing of proper documents issue is CONJECTURE!

  10. Mukuopa chani adpp rerun????? No recount yes because inu ndimbava zazikuluzikulu apo kupitanso basi kukavota and musayembekezzelenso kuti apumbwa anu azasokonezanso mayazi.So,ngati munawina adpp rerun mupambananso!!!! More fire new malawi.

    1. When the TIPP-EX MEC documents are scanned by Magnetic Resonance Imaging, (MRI), type technology the original writing on the documents will be viewable and the truth will be made known! It will not be heresay evidence!

      Fact is that DPP / APM agents INCLUDING THE PRESIDENT’S OWN AIDES / ASSISTANTS were caught electioneering the voting sites with bribe cash! Cash probably misappropriated from international aid groups like the EU which has discontinued such aid because of the massive embezzlements and fraud occurring under APM’s regime’s governance which makes APM Respondeat Superior!

      Clean election? My foot! Transparent MEC governance MY FOOT!

      IF JUSTICE ANSAH’S MEC CONDUCTS WERE HONORABLY TRANSPARENT AND WATER TIGHT THERE WOULD HAVE BEEN NO TIPP-EX OR IN THE VERY LEAST THERE WOULD HAVE BEEN COPIES OF THE DOCUMENTS MADE BEFORE TIPP-EX USE SO TO CLEAR UP ANY SUSPICIONS OF FRAUD! EVEN SO THE TIPP-EX DOCUMENTS WOULD STILL NEEED BE MRI SCANNED TO PROVE VERACITY OF THE ORIGINAL COPIED DOCUMENTS PRE TIPP-EX!

      SELAH!

  12. Chilima is a crook and has managed to fool MCP. He has discovered that he will benefit nothing from the recount and he is misguiding himself that rerun will do him any good.
    There can never be a presidential election rerun because you rerun something that was run initially. MEC ran a tripartite election and that is what can be rerun. Apapa zaonetseratu kuti a MCP ndi UTM alibe nkhani ndipo akungoononga nthawi ya khoti. The court is better of to throw away that case.

    1. A TRUE DDP APM SUPPORTER I SEE!

      THE ELECTION WAS A FRAUD! DPP AND APM WERE BUYING VOTES AT THE POLLS USING EVEN HIS PERSONAL PRESIDENTIAL AIDS!

      THE WILL OF THE PEOPLE HAS BEEN DONE MY FOOT!

      THE WILL OF DPP AND APM’S MONEY HAS BEEN DONE! WE WILL SEE HOW HIGH IT REACHES INTO THE COURTS!

    2. iagree thiS Ccase has no merit and mcp has seen it that is why they are unlwashing violence so that apm gives up and invite them for negotiation. these people are in heavy debts and if apm would propose to give them something they will all be quite but sadly it will be difficult to convince their supporters

  13. MCP have now shot themselves on the foot or even both feet apa.
    There is no money in the coffers to run another nation wide election. Period.
    Malawians have what they voted for, as verified by far the majority if not all of the respected observers.
    UTM has now been abandoned by its foreign backers due to its dismal, actually, shameful performance. But MCP can still count on their American Evangelicals’ support. So, only these outsiders can fund the envisaged election because they are rich, and the expense would be like spending on a picnic.
    Now the question would be if the bankers of the backers would support “investing” in a country, this way and through an entity (MCP) that is actually destabilizing the same place in the first place. Makes no sense. And the benefits would not be proportional to the investment and the risk undertaken.
    Malawians must not spend their own money on this “new” venture, or more appropriately, an experiment.
    The country can’t even pay its essential services like nurses! Some have been working for free for months.
    Again, I say MCP have might have just shot themselves in the foot here: oChakwera’s poor tactics, and myopic strategy thinking, or even lack of knowledge of political strategy. (Kodi anaphunzira, ngakhale kungochita audit Politics 400 awa?)
    Recounting the votes was going to be more practical, cheaper and even palatable to most Malawians. But, I guess oChakwera and Mia had second thoughts, and they foresaw the same old results.

    1. THERE WILL ALWAYS BE MONEY FOR ELECTIONS – WE CLAIMED TO HAVE FUNDED THIS OURSELVES, THERE ARE MANY MALAWI BENEFACTORS WAITING IN THE WINGS TO ASSIST MALAWI ON THIS IF AND ONLY IF THE TRUTH PREVAILS.

      FUNDING IS A LAME EXCUSE MWANANYIAN!!

      1. NOSENSE THINKING I THINK YOU ARE NOT A MALAWIAN.DO YOU THINK TAX PAYERS MONEY SHOULD BE WASTED LIKE THAT WHEN UNDERPRIVILEDGED MALAWIANS ARE SUFFERRING

      2. kkkkkkkkkk tamva kale za simbi wanuyo kuti ndi yemwe akupangeni fund but wait and see simungawinenso apa ndiye mwanyelera a Malawi akuonani uchitsilu wanu..

      3. @Maso ena;
        Mwananyanian here: Don’t you think you are doing a disservice to this country when you are promoting the “begging bowl” mentality? Aaaah.
        Dependence on “benefactors” is what we are trying to get away from. Trying assiduously, as we did in the just past elections.

    2. Good morning boy. you are talking rubbish. Between MCP & MEC which institution do run elections in Malawi. where did money came from for the immediate previous elections. ????? Taxi payers’ ??? wake up .Malawians don’t need cheaper, practical even palatable non-sensical articulation of yours. In your dreams .Malawians need their constitutional choice of having a leader of their choosing not chosen by corrupted JANE ANSAH. TIPPEXXXX

      1. Which Malawians are you talking about? Its you and your folks not Malawians.Iam one of malawians who voted for APM

    3. What is at stake is the proof beyond reasonable doubt that the election was rigged. Whether we have a recount or re-run are outcomes. However, we may only wait and see how they will argue the case thereafter the courts will make a determination on the matter.

      1. Ambuje Kukaya . . .

        The election was rigged and such is proven by the very fact DPP and APM agents including APM’s personal Presidential Aids and Assistants that were out at the polling sites buying votes with money that was most likely misappropriated and embezzled from international aid by DPP APM control groups!

        MRI scans of the TIPP-EX MEC documents will likely further underscore vote fraud and results manipulations!

        The court has to make sure it reviews ALL the evidence!

        1. By “proven” is meant through evidence in a Court of Law, achimwene.
          Not simple verbiage or hearsay claims like those peddled by detractors of DPP.

    4. Ndalama za re run zo zichokera mu kabudula mwakomo ukati kulibe ndalama?? let the truth come out

    5. Mwananyanian
      I think you did not understand or listen to some of the speeches made during NTHAWI YOKOPA WANTHU

  16. Very interesting.
    First MCP says it will not comment on SONA because it was delivered by an illegal President, but it will comment on the illegal budget to be delivered by an illegal minister of finance appointed by the illegal president. How will the budget be legal if it is delivered by a mjnister appointed by an illegal president? kikiki.
    Now MCP doesn’t really want a recount of the elections but wants fresh elections. In other words MCP is saying “we don’t really want any concrete proof that the past election was stollen, just accept that it was rigged because we say it was rigged and give us another chance so we can partner with UTM and defeat DPP”.
    This is like asking MANEB to declare the past exams null and to rewrite the same exam after the markers have marked the previous one and your has given you all the answers thru a revision of the same. The best MANEB does is allow a remarking of the previous exams not calling for fresh exams. Anyways MCP knows what it is doing.

    1. THERE ARE REASONS TO CALL FOR A RE RUN, CHIEF AMONG THEM RIGGING AND EVIDENCE WILL BE PROVIDED, THAT IS HOW PROCESSES GO.

      MUKAPANDA KUDYA NSIMA MMATI SIMUNADYE PAJA ETI!!

  18. Simple question and I quote ” did u launch investigation on How Tippex find its way into MEC Hands “??? Then the answer kumangolubwalubwa meaning Jane Ansar indeed has a hand in rigging the election .

    Jane Ansar: it is for court to find out whether Tippex was used for positive or Negative ” so my question is Why giving the Court direction on what to do on Tippex???

    Tippex was not part of MEC Inventories then all forms used by Tippex are not MEC’s Forms then the best thing to do is nullify them. Is this not straight forward answer if I may ask you Jane Ansar ????

    Indeed money has exchanged hands, that’s my observations.

    2. Any official document with Tippex is considered invalid. How can a whole Supreme Court judge say the use of Tippex on electoral documents can be considered positive. It is not a question of positive or negative use, the tippexed documents should have been thrown away with verification by all parties – it is as simple and as basic as that.

    3. Pa school pangakhale popanda tippex? All the centers were school and amasungira zimenezi – doesn’t need a rocket scientist to know tippex anachokera pati?

  21. KKKKKKKK. Changing goal posts. Typical of confused gurus. At first you wanted recount, then you are afraid of it . KKKKK

  23. yeah ndizoona kungoponyaso kuti aliyese ntima umuphwe but ine ndatopa zovota vota aaaaaaaa inu ndagwa ulesi

  25. The national will he shocked with the amount of Kwachas that data clerks pocketed once the court order has been granted to have their bank statements produced.

    These guys ate ‘Money’ but their bogus and satanic machinations will be exposed to the annoyance and anger of Malawians.It is only then that Malawians will be able to know the exent of damage DPP did in these ‘ TIPPEX elections’

  26. That’s the final part of your downfall. If your very house is disgruntled how can you file a case strong enough to defeat the rulers? I would only like to urge Chilima ngati umawerenga ma comment wa. Zityeni izi achimwene, 2024 is yours. Save your money and respect, start tilling the ground panopo and you will have a landslide in 2024. Chakwera is bitter because that is the end of his presidential bid, and the church cannot welcome him back hence, he has nothing to lose even if he gets hundreds of people killed. Akufuna angongole awone kuti akuchitapo kanthu.
    As composed as you always are bwana Chilima, get back on the ground and prepare your future

    1. Looks can be deceiving; and as smart as Chilima looks, he is actually politically naive. His record in the public domain is the evidence clearly; and it would be a grave mistake for him to assume 2024 will be given to him on a platter. Long ways off, and I hope he realizes five years in politics could be like a hundred – and he could be floored again to third or even a lower rung. He’s already, slowly but surely, damaging his brand, “HARDtalk” uyu.

  28. Mafana a EMUSIPI, mwacheperatu kwabasi. You should stop this chameleon like business. You wanted a recount without basis now you want fresh elections so that you hang up with UTM. This will be in 2024. The country must move.on away from you nyau nonsense and thuggery.

    1. MCP is confusing Malawians
      They did not tell supporters at court that they are changing tune
      In fact a recount could reveal the MCP is the one that cheated
      Ndiye they are asking for the impossible

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