Mutharika files court response to discredit evidence of Chilima, Chakwera in polls case: ‘Petitioners fail to prove alleged irregularities’
President Peter Mutharika has filed his response and sworn statements in opposition to the consolidated petitions of UTM Party president Saulos Chilima and Lazarus Chakwera of Malawi Congress Party (MCP) at Constitution Court challenging results of the presidential race in the May 21 Tripartite Elections which favoured Mutharika.
Chilima and Chakwera filed separate petitions disputing the May 27 Malawi Electoral Commission declaration of Mutharika as winner of the presidential race with 1 940 709 votes representing 38.57 percent followed by Chakwera with 1 781 740 votes representing 35.41 percent with Chilima finishing third and ahead of four other aspirants with 1 018 369 votes representing 20.24 percent.
The petitioners cite irregularities, especially in the results management process, as some of the factors justifying nullification of the presidential election.
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.
Through private practice lawyers led by Frank Farouk Mbeta, President Mutharika, a professor at law, is asking the court to dismiss the petitioners’ case.
Mutharika has filed sworn statements in support of his case through the worn statements of Dr. Ben Malunga Phiri (Minister of Local Government), Bob Chimkango a private practice lawyer and more than 50 monitors who witnessed the whole process from voting to counting of the votes in the areas alleged by Chilima and Chakwera to have irregularities.
According to court documents seen by Nyasa Times, President Mutharika discredited the evidence of the petitioners as “lacking and wanting in all material respects.”
In response, Mutharika through lawyer 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.”
According to Mutharika’s response, Chilima and Chakwera have failed in their evidence (sworn statements) to prove the alleged irregularities.
Furthermore, Chilima and Chakwera have failed to show how the alleged irregularities if at all they existed, affected the outcome of the results.
President Mutharika has also filed Skeletal Arguments buttressing the arguments as contained in the sworn statements.
Mutharika is asking the Court to dismiss the Petition as it lacks merit and is a waste of courts time and resources.
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There are many facets to the argument of fraud in the votes and talley’s of the election and the APM / MEC regime!
TIPP-EX is a major concern so as I have been saying on FB have the TIPP-EX DOCUMENTS scanned by Magnetic Resonance Imaging, (MRI), or CT so to reveal the original imprints on the documents!
Tampering with TIPP-EX clearly creates suspicion along with breach of security of the ballot boxes held in unauthorized private domains and fake or unauthorized ballots and papers accepted as credible all corrupt the honorable purity of the vote!
Then we have also the fact that APM’s own Presidential.Advisors, Aids and Agents were caught illegally electioneering at the polls and at that bribing and buying votes and voters corrupting the minds of Malwains!
And of course we have the fact that the MRA tied up 40k campaign shirts of the MCP at the border even after MCP’s compliance with all their demands because the “Voice from Above”, APM of course, ordered it!
Then there is APM’s track record of government corruption with embezzlements of monies intended for the Malwaian people ending up.in private cauffers and political machinery. The rot at ESCOM and also the extravagances in the demolition of the Asbestos tainted building and on it goes. You have read the media!
Last but not least the EU et alia have pulled the plug on further aid to Malawi because of the misuse of aid funds!
This is called democracy and freedom of voting and campaigning! APM calls this “The Will of the People”! With what witche’s spell is he trying to overpower the Malwain people?
What more proof does one need to see that there is something intrinsically evil and defective with the APM regime?
IT IS SO OBVIOUS!
Ambwiye che Muthalika a Chilima ndi a Chakwera akuti MEC itulutse mapepala amene analembapo zoti inuyo mwawina eeeh ndidabwa ine inu ndi player mukusewera mpira ndiye referee wakupatsani penalty ndiye mwachinya tsopano team mwaichinyayo yakamang’ala ku SULOM ndiye team yanu yowina imakaletsa committee yomva madando a team inayo? Mbwiyache polani moto ndi ma petition anuwa inu mwatiberadi mavoti mwapwiya ndithu tilimbana nanu kumseu sitichokako.
What a shame to MCP/ UTM just because tipex was used then you have case, munya simunati those lawers are just eating you money then no money for the party when Fake Pastor leave MCP
Use your head to think (not just using it to steal.
If a mere ballot paper becomes null and void for merely having tampered with it, what more tally sheets? How do you rule fraud on such things?
You mean ma PO onse anangogwiridzana onse dziko la Malawi kuti ma electronics a May 2019 agwiritsr tippex? Olo by-election unamvapo anthu agwiritsapo tippex? Unazimva liti since ma elections onse kuyambira 1994? Ma phunzitse actually know that even a primary school pupil should be tidy with his/ her exam papers in case one makes a mistake. Amanena ndithu ” khwachani ndi ka mzele”
Go to hell with fake Ansah logic
the issue being raised here by the lawyer is about evidence not procedure matters. so its a totally different issue from what they asked the court in the past which was about procedures ie time that the law allows to apply to the court. this one is being argued based on failure by the other party to bring evidence. this is the starting point of many cases. in short ur saying awawa ali nkhani a court akuthelani nthawi. its normal. its up to court to agree or not. if it agrees the case continues but that doesnot n=mean the case has been lost but the court is giving the other party to bring the evidence for its determination.
Its not about petitioner proving there were irregularities rather its MEC to prove that there were not irregularities based on the documentation MEC used to announce the winner. If documentation is suspicions then it will automatically not pass, therefore proof that there were irregularities.
The response is cooked up. I do not think a great lawyer will give such a response
I urge APM to hire Lawyers from low density areas and not high density. I thought the court threw out a similar argument not so long ago? Why is counsel Mbeta boring us over and over?
Moti Mbetayi ndi lawyer ndithu olowa nclass ya law
Lawyer wakeyo Jacket is asign of failure.
Muthalika what he knows is that the case should be dismissed and it is waste of court time kkkkkkk what type lawyer is this one. How many times should the court buff you on the matter. This case can not be dismissed basing on your wish. Just give the court your evidence. Your wife who announced you as winner is asking the court to extend time because she has no evidence at hand yet she announced in 10 minutes after injunction but now she does not have evidence but ask the court to go and get sworn affidavits from all districts shame Jane Ansa.
He is really the Professor in Law. Has been studying the case and find this as a weakness for UTM/MCP. Let the fellow learned friends bring their evidence as it has been trending on social media that they have heavy evidence. It’s your time lads, bring it on !
kkkkkkkkk ati professor of law?
Ana achepa Dpp Moto kuti buuu . chilima unadziphera tsogolotu apa zoona unganyozere udindo wa u vice president wadziko kkkkkk sorry
unadziphera tsogolo ndiwe chifukwa siunaoite ku xul mxie. mbuzi
The issue of dismissing the case has already been dealt with during the preliminary hearing and the court did not agree with that. Bringing in the same argument is a sign of desperation on the side of Muthalika. What is remaining now is to prove why fake ballot papers were used during the election and why were they marked specifically for Peter Muthalika. Why did MEC accept the tally sheets that were tampered with? After the court granted an order to have a re count in 10 districts, why did MEC ignore the order? Why were the ballot papers being transported without proper security? The case is tough to prove that rigging didn’t take place. The court will rely too much on the documentary proof, not the witness statements.
Do not cheat Malawians Mr.Tippex! Zakuvutani agogo!!!!
Kale umboniwo unalikuti?
Kumvesa chisoni amnzathu. kudalila facebook?
MUSATINAMIZEPO APA, TIYENI TIDIKILE COURT JUDGEMENT.MWZOLOWELA KUBELA NDI KUNAMA INU MA REPORTER WOLIPILIDWA NDI NAKHUMWA ETI, AKAKHALA KUTI A UTM NDI MCP ALI NDI UMBONI WA TIPPEX PA FORM 60 WOKHA BWENZI DPP, MEC NDI ATTORNEY GENERAL ANAMAWONONGA NDALAMA ZA MISONKHO YATHU KULESA KUTI CASE ISAPITILILE.NDICHACHIDZIWIKILE KUTI MLANDUWU WUKUWOPEDWA CHIFUKWA WUWULUWA ZAKUCHIPINDA KWA MEC!!!!!!!!!
azipatsana false hopes asiyeni
My grannie told me not to judge a book by its cover! But today you can judge a lawyer (liar) by his jacket!
Ngati kuli wakuba ndi bululu wa ma MP anaiyo. Does it mean on average each UTM MP won with Over 250,000 votes?
Which MPs did Chilima’s voters vote for?
Do not rush to comment if you do not understand the issue being discussed in the post…..,you are way off the mark!
kodi kachingati ? mesa munaesa kale zinakanika lelo akuuzani njila ina ? kapena munapita kwasing’anga?
Difficult to appreciate APM is a lawyer, let alone a professor. It’s plain APM is just playing delaying tactics. Well, you have hit a wall this time. The evidence against you is overwhelming.
Join the WHAT EVIDENCEdiscussion…
Facebook, Instagram, Tweeter, Whatsapp, Hearsy Evidence ya MCP/UTM agwa nayotu apaaa….zuuchita kumvekeraatuuuuuu,
you are clearly a fatuous moron. Read again with a brain this time or borrow one
Ukudzinamiza iwe DPP cadet. Ukhumudwa. Chomwe ambwiyako akuti mulandu uthetsedwe ndi chiyani?
Time wasting. These DPP people will do anything to cling onto power despite everything around them crumbling. APM and DPP can hang on but time will come when the small sling they are hanging on will give way.
Tippex was used for reconciliation of figures, koma inu tipex akalowa mutu. The let the court hear this case and determine the truth.
I just pray that Mutharika should die very soon.This bastard called Peter mutharika is disturbing peace and justice in this country.You are still doing Cashgate but yet you will never carry that money after you have died, did your brother bingu carry his money into the grave yard??.Almighty God must take this Old bastard to let others enjoy malawi peacefully.
If this is true then the President and his lawyersi are clueless of the magnitude of evidence the other parties have. This is pathetic, his lawyers must be amateurs for real
They are hunting for evidence they don’t have
courts rely on hard evidence, the others better be organized otherwise this is how people lose cases
Mbeta ali pa Mangochi Secondary tinkaona ngati wanzerutu
YOU ARE MISSING THE POINT MR PULOFESA , YOUR FRIENDS ARE NOT JUST RELYING ON THE TIPPEXED FORM 60 AS EVIDENCE BUT THEY HAVE ALOT MORE THAN THIS YOU SLEEPY PULOFESA. YOU USED THE 2014 BALLOT PAPERS YOU THUGS AND YOUR FRIENDS HAVE EVIDENCE OF THESE. YOU HAD VOTES COUNTED FOR YOU MORE THAN THE REGISTERED VOTES IN MANY CENTRES YOU BASTARED. AND WHY IS IT THAN YOUR GIRLFRIEND WANTS MORE TIME UP TO 14 DAYS WHEN SHE HAD ALREADY PAPERS IN HER HAND DURING HER SATANIC ANNOUNCEMENT OF YOUR TIPPEXED VICTORY. IS THIS NOT THE SIGN TO FURTHER RIG THE ALREADY RIGGED PAPERS YOU FOOLS? WHY ARE YOU TAKING MALAWIANS FOR GRANTED LIKE THIS. BUT ALL I KNOW IS THAT THIS TIME AROUND YOU WILL FAIL A BIG TIME.
It seems you are well conversant with the irregularities. Please share with the MCP and UTM Lawyers, coz it seems what you have written or head on Facebook and radios, MCP/ UTM Lawyers did not get them. Provide them with the evidence you have coz the court debates on evidence and not hearsay.
And we are still waiting for original documents that we requested to form part of our evidence.
If the petitioners have other evidence, they should present it to the court. Hidden evidence is of no use in determining a case.
They already did fool it’s the respond that failed to meet the deadline
Umbuli ndi matenda.
What a waste of time, full of bull-shit smoke. Look at Mbeta himself, the color of a thief. In a week, Malawi is changing for the better.
We are ready for a new Malawi
A mbeta bele la mzimayi mwaliyanganatu ngati muli ndi maso a xray mpaka kuona mkati mwina……. Eissssshhhhh
kkkkkkkkkkk