Mutharika submits no basis for Malawi fresh elections: Suleman demonstrated ‘sheer ignorance’ of MEC results system

President Peter Mutharika’s  final submissions to the Constitutional Court in a case which the opposition are challenging his  re-election of in May, has maintained that the petitioners  – Saulos Chilima and Lazarus Chakwera  – have failed to prove in court that presidential results were manipulated; hence, asked the court not to nullify the results and no need for fresh elections.

Lead lawyer Frank Mbeta for first respondent President Peter Mutharika
Daud Suleman:  Legal team of Mutharika says he  did not understand MEC results management system
Malawian President Peter Mutharika, left, is presented with the Sword of Command during an inauguration ceremony at Kamuzu Stadium in Blantyre on May 31 2019. when he narrowly won re-election with 38% of the votes – Photo by AP Photo/Thoko Chikondi

Nyasa Times verified with Mutharika‘s lead lawyer Frank Mbeta the authenticity of the documents ahead of the oral submissions in court this week.

Mutharika is the first respondent in the case and was declared winner of the May 21 elections.

In the case, Chilima and Chakwera are seeking nullification of the presidential election results over alleged irregularities in the results management system and an order for a rerun.

But in the submissions, Mutharika through his legal team argue that there were no irregularities that would change the results of the presidential elections hence no basis of annulling the results.

The submissions also quashes Daud Suleman, an information technology (IT) expert hired by MCP during the May 21 2019 Tripartite Elections, who made an elections data simulation in court to indicate that the Malawi Electoral Commission (MEC)  results management system was compromised.

Mutharika submits that Suleman did not understand the MEC results management system (RMS) and that he does not have proper Microsoft qualification and was burnt on misleading the Constitution Court.

“My Lady my Lords, it would only be proper to understand Sulemani’s shifting of goal posts on the servers and indeed his failure to understand most of the RMS operations if one considers his qualifications,” reads part of the submission filed by Mutharika’s lead counsel Mbeta.

Mbeta has buttered the point on Suleman’s professional qualifications and expertise in IT.

“Suleman’s Microsoft qualifications only make sense to him as his purported Microsoft Certificate has no date including the period for which he was certified. Suleman failed to pull out his transcript for his Microsoft Certification on the Microsoft website just as any person holding Microsoft qualifications would do online.

“Instead, and indeed to the disbelief of many, Suleman went into his email address and only sowed the Court his Microsoft Student Identity Number. It does not require a genius to know that once a person register for a course with recognised institutions, a student identity number will be assigned to that person, we submit that such student identity number does not in any way prove a person’s attainment of the particular qualification,” reads the submission in part.

It says, besides in respect to his CISCO Network qualification, Suleman voluntarily exhibited a transcript.

“One wonders why the Microsoft transcript was never exhibited nor pulled from the Microsoft website if not for the more probable conclusion that such Microsoft certification did not exist.”

Mbeta argues that Suleman’s “extremely doubtful” Microsoft qualification and his own admission that he is not a certified IT Auditor (no CICA certification) “clearly makes his competence in Microsoft systems like the RMS extremely questionable and therefore he would not be competent to undertake exercises that would otherwise be done by properly certified IT Auditors.

He further submits that Suleman demonstrated “sheer ignorance” of the RMS processes thereby making “erroneous opinions” and conclusion.

“We therefore submit that all his opinions and conclusions be disregarded for being non-expert opinions and also coming from a person whose competence in Microsoft systems is highly doubtful,” reads the submissions.

The petitioners have their submissions  also been filed and focus on irregularities that occurred in the election and how MEC failed to remedy those irregularities as required by law, saying the electoral body failed in its constitutional obligations.

The lawyers for MEC have also filed final submissions in response to the submissions by the opposition challengers.

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Nzika
Guest
Nzika

Peter Mutharika, If you won the elections, why have you been trying to bribe the judges? Why were those three men found in the court’s ceiling? Did they not confess to have been hired & sent by you & MEC? Why did you hire Mayamiko Nkoloma of Polytechnic to perform some dirty work in Mulanje? Why have you been holding night meetings with your lawyers? If you and you girlfriend Jane Ansah do not confess now, then your sins will find you out. Time is running short for you two. “Wobisa machimo ake sadzaona mwayi!”

Nabanda
Guest

Peter Mutharika you don’t love yourself, at your age stealing? clinging to a post which doesn’t belong to you…. Cardiac arrest will struck you soon …

Election Analyst
Guest
Election Analyst

Mbeta, you had all the time to fight Suleiman expertise through cross examination, your Muhabi Chisi also had all the time to discredit Suleiman testimony and 65 paged submission but never did. By the way do you know that passing miscrosoft certification requires big brains unlike passing IT exams at Chanco or Poly?

Name
Guest
Name

Kungoti this is politics and everyone sees and hears what they want to see and hear. No doubt the judges will also lean one way or the other instinctively and in the end it might not be a unanimous decision. But expecting Mbeta to deal with Suleiman’s facts is wrong. Mbeta did not represent MEC, he can’t possibly go into MEC computers to check what Suleiman is saying. He can only assess Suleiman’s credibility. Let’s say TB Joshua says that GOD has told him that the election was rigged. If we don’t know how he communicates with GOD and we… Read more »

SamuShonga
Guest
SamuShonga

U will face it

Watchers
Guest
Watchers

Living in a DPP bubble with blue utopia, decorated by crooked lawyers. Foolish men who rather support den of thugs when they fully know Justice was robbed. Seleman’s simulations remains undisputed with clinical precision how violations were conducted by Ghost hackers & personal emails etc.

Graham Zali
Guest
Graham Zali

Once ddp is out we need to arrest their leader for all the pillars of corruption and his followers. its time we demonstrate that Law needs to be respected…osamvaso chisoni kuti ndi agogo arrest them all. They have killed our brothers only to make themselves gods of Mother Malawi, but we have our God and surely we will run you over..

Nicholous
Guest

Wakuwopanji ndiye kuti wadaberadi. Ndipo waluza zako . One of the opposition will take over from you. Chimunthu chachabechabe

Peter T
Guest
Peter T

Mr Tippiex. Wether you won or not we don’t care about that, we care about our country! You are very old to be head of the state in this 21 century because your brain is dead so please leave this country in young men’s hands. I hope if you are true Malawian you will very proud of these young men how they gonna develop this Nation. Can you just accept you have failed and you failed this country to develop in the first term nothing you can do in the next 5years. But if you will try fight to force… Read more »

Kamchocho
Guest
Kamchocho

Chimpando chokakamila icho mugwa nacho ngati wa late waja wa munthalikaaa woyamba uja. Inu phee fupa lokakamiza ilo inu wa DPP. Zitsilu inu ndi mbeta wanu uyo 😂😂😂😂.

chataika
Guest
chataika

Watch out you may the one going to land of silence. Remember yense wokumbira mnzake mbuna amagwamo yekha so who are u that u shud push somebody to the grave. Are u God? APM will live till 2024 just wait for the determination my friend

TIPEX ELECTIONS
Guest

Muuzeni MBETA akwatile. Azakhala Mbeta mpaka litilo?

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