Mutharika has no sworn statement to be witness in Malawi poll case – Judiciary

President Peter Mutharika is not among the people who will take in the witness box in the ongoing presidential election case because he has not sworn any statement, Judiciary spokesperson has said.

Mutharika: Has no sworn statement to be witness

Registrar of the High Court and Supreme Court of Appeal Agnes Patemba told a local radio that Mutharika will not appear and answer questions in the historic presidential election case.

She said those that will be cross-examined in the case are those that have sworn statements which are with the court.

“There is no sworn statement from President Mutharika,” said Patemba.

Mutharika of the governing Democratic Party (DPP), who was declared winner of the May 21 2019 Presidential Election,  is a first respondent, while Malawi Electoral Commission (MEC) is the second respondent.

Petitioners, Saulos Chilima of UTM Party and Lazarus Chakwera of  Malawi Congress Party (MCP)  expressed interest to have Mutharika to be on the witnesses list of their elections case because of the statement he made declaring that some of his votes were ‘stolen’ in the Central Region despite MEC declaring him the winner of the disputed Presidential Election.

On Monday during the Constitutional Court hearing, UTM lead lawyer Dr  Chikosa Silungwe  also pointed out that Mutharika has not made any sworn statement in the matter.

But Titus Mvalo, one of the lawyers in Chakwera’s legal team, said  Mutharika, as a first respondent, was included on the list of people to the court to answer questions.

The audio recording of Mutharika’s statement – which was submitted to court as evidence for Chilima – was played on Friday in court and against on Monday.

During his first post-election rally in Blantyre, Mutharika, while not elaborating, told the crowd that there was no rigging during the election although some of his votes were stolen.

Mutharika was declared winner in the elections after narrowly defeating his main challenger MCP torchbearer Chakwera with 1 940 709 votes against 1 781 740.

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Anafie
Guest

We going forward if you Peter u want to bring peace of this country tell Ansa must go out

Mesimadzi
Guest
Mesimadzi

It is actually a display of insanity to hire Mtambo and others to defend your rights to illegally connecting Lilongwe Water Board’s water, constructing an obscenely expensive house at Maula, defending even some people’s rights to shed blood.
The moment the State President was sworn in, the presidential immunity was put in place and hence cannot be removed by those people who are crying because ananyenyedwa pa chisankho changothachi. After Chilima conceded that there was no fraud in the presidential election which saw Chakwera and Chilima beaten thoroughly by Mutharika.

Fake Paramount
Guest
Fake Paramount

You talk like you are an island. Don’t you hear, read and watch conscious leaders resigning in mature democracies over issues such as this. Is the constitution silent on resignation of a fake president? Is it not provided for in the Constitution? So where is vacuum coming from? With this revolt what kind of leadership do you expect from APM? You remind me of a farmer who bought an expensive statue of a man with gun in his hand and mounted it in his farm hoping baboons and monkeys would be scared. The wild animals are sharp in their heads.… Read more »

Nasibeko
Guest
Nasibeko

APM “He is an expert on international economic law, international law and comparative constitutional law”, which shows that he knows what he is doing.

hlupo sibande
Guest
hlupo sibande

MY ADVICE TO MALAWIAN JUDGES DONT COMPLICATE THIS CASE TO PLEASE SOMEONE STAND THE POSITION OF JESUS DONT ALLOW JUDAS(money) TO MAKE YOUR JOB FAIL AS JANE ANSAH DID I KNOW YOU THAT YOU KNOW HOW MANY MALAWIANS ARE CRYING AND THIS JUST TO LOOK THE TIPEX ISSUE IT GIVES YOU CONCLUSION AND THE TRACK WITH VOTES IN ZOMBA, GERLAD VYOLA ISSUE IN NSANJE THIS SHOULD HELP YOU TO CONCLUDE THIS CASE OTHERWISE DEMOSTRATIONS WILL BE MORE THAN WASE IFE AMALAWI TIKUFUNA CHILUNGAMO KOMA ZOTIUZA KUTI CASE IFIKA DECEMBER KUTI ENA ADZANENE KUTI TADUTSA MASIKU OMWE MALAMULO AMANENA MUDZALIVAKUWAWA DZIKOLI… Read more »

Heaven Come
Guest
Heaven Come

The judges are more learned than you so don’t show your stupidity by trying to prescrib what the courts should do. You are not the law.

Chilungamo chibwera ndi court not you.

Anafie
Guest

Please judge

Njolo mpilu
Guest
Njolo mpilu

BLOODY HELL

Botolo
Guest
Botolo

Wow..and MCP, UTM lawyers didn’t know?

Masoambeta
Guest
Masoambeta

Rules of evidence will propose that Muntharika should testify in court because of the statement which he made in public. That statement is a Fact in issue and must be explored by the court with him present. The registrar can say whatever she wants and she’s free to do that.

Kalumadazi
Guest

I guess in your online law course ,you missed a lesson on PRESIDENTIAL IMMUNITY

Timo Clouds
Guest
Timo Clouds

kkkkkkk

Mwene
Guest
Mwene

APM detractors: surprise surprise. There are always technical issues, in the legal sense, but beyond the comprehension of the uninitiated.
Furthermore, serious cases can be lost on such issues.

MOSHKO
Guest

Why treating this big mafia with kids gloves ?? How do we expect to move forward with this kind of stupidity ??