Malawi Electoral Commission (MEC) lawyers have applied to the Constitutional Court to stop lawyers for Malawi Congress Party (MCP) from cross examining the pollster’s IT director on issues not covered in sworn statement in the ongoing presidential elections nullification petition hearing.
The IT expert Muhabi Chisi is seen as another key witness by the petitioners as he controlled the results.
“Take notice that at the hearing of the matter, the second respondent shall object to any cross examination of Muhabi Chisi by the petitioners on matters not covered by the first petitioner’s petition,” says the court document.
At the start of the hearing Thursday morning, MEC chief executive officer Sam Alufandika told the court that the electoral body used unsigned result sheets and that he tendered result sheets to the commissioners for approval.
He, however, said he was not aware he was presenting tippexed result sheets to the commissioners.
Alufadika also told the court that alteration results were made in the absence of monitors.
Attorney General (AG) Kalekeni Kaphale told the five-judge panel of the High Court of Malawi sitting as the Constitutional Court in Lilongwe that MEC, the second respondent in the case, will seek to prove that contrary to the petition by first petitioner Saulos Chilima of UTM Party and second petitioner Lazarus Chakwera of Malawi Congress Party (MCP), the presidential election results in the May 21 Tripartite Elections were not rigged.
“The elections system was derived in a way that there were party monitors at all levels. Polling station monitors were able to verify figures before signing. It is, therefore, a core theory of the second respondent that monitors witnessed all processes such that if there were any invalid votes, any candidate would have gone to court at that time,” said Kaphale.
In the case being heard by judges Ivy Kamanga, Healey Potani, Redson Kapindi, Mike Tembo and Dingiswayo Madise, UTM Party president Dr Saulos Klaus Chilima and MCP presidential hopeful Dr Lazarus Chakwera are seeking nullification of the presidential election results on the basis that there were irregularities, especially in the results management system, that they believed compromised the outcome.