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.
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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We going forward if you Peter u want to bring peace of this country tell Ansa must go out
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.
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. They knew it was dead piece of sheet. To fool the farmer amati akamba chimanga amakakhala pa statue and its gun eating the loot and sconing the farmer. This is what you are doing – mounting dead APM in government hoping he will plug the looting. Mwatopa kale nkhani yoyamba dzulo. This is a long process of dismantling a captured government.
APM “He is an expert on international economic law, international law and comparative constitutional law”, which shows that he knows what he is doing.
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 IFEYO TINAVOTA AND TIKUDZIWA YEMWE ADAWINA
AMBUYE AKUDALITSENI PAMENE MUKUGWILA NTCHITO YOPAMBANA
MALAWI TAKUSILANI MANJA MWANU NO CORRUPTION NO TIPEX ON ELECTION
OUR JUDGES OUR HOPE
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.
Please judge
BLOODY HELL
Wow..and MCP, UTM lawyers didn’t know?
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.
I guess in your online law course ,you missed a lesson on PRESIDENTIAL IMMUNITY
kkkkkkk
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.
Why treating this big mafia with kids gloves ?? How do we expect to move forward with this kind of stupidity ??
The registrar can say whatever she wants but if the court subpoenas Muntharika (of which it should do in the interest of justice) then he must go. Moreover, his statement which was played in court is part of the Points in Fact which the court needs to pursue before reaching the Evidential Sufficiency Test (EST).
A sitting president cannot be indicted. Read tge consitution. There are good reasons for this, No matter who the president is,whether you like him or not.
Dont concentrate on APM right now. What is happening in court right now? Heheheh SKC just wetting his ….
APM Motooo
APM is smarter than most people appreciate. He plays dull or dead to confuse his enemy… He knows the legal implications of his statements. No wonder he easily won the treason case!!! Look at how he won the 50%+1…first promise MPs K4billion then once the bill failed, he leaked the promise to cause public outcry and he paid little if any of the k4 billion
He is the first respondent for F”ck sake and has lawyers representing him. Mxiiiii
kodi nkwiyo umenewu uzatha liti? Malawi’s problems are more complex than how you think you fucker
Stupid imbecile.
A tribe full of thieves but you can’t even help one of your own. I know malo 4 along Migowi river amene anthu amachita kuberekana kut awoloke because there are no bridges yet your dunderhead leader comes from a stone throw from that place. I am paying fees for a friend brother from Mitawa (afta Migowi) because your stupid government is unable to afford them opportunities to make a decent living. Mbava , bigots and Zitsiru za anthu.
hmmmm you really are a dunderhead. If God has blessed you, then help those in need. What is wrong with what your are doing? Are you being fair on this brother of yours in broadcasting your assistance? Even in rich countries, there are poor people and as Jesus ably put it “the poor shall always be amongst us”. I for one will not blame government for not providing. as a community, help should come from anywhere. you sill mbava, bigo and chitsiru.
Peter yamuzandamisa
Umbuli…..mukumuteteza chifukwa chiyani? Akayankhula basi ndikupanda mano kwakeko…..”…..nanthambwe anazitengera….”
Umbulitu basi……….mukumuteteza chifukwa chiyani ….akayankha mukhoti basi ndikupanda mano kwakeko basi…..”….nanthambwe anazitengera…..”
Everyone has a right to justice, and a lawyer! Imagine if you were accused of stealing a dog and the owner of the dog went to court to complain. would you feel comfortable being put in jail without hearing your side of the story? This is exactly what the anti-DPP people want. Let justice be given to both ends.