No cross-examination for MEC ‘wizard’: Court concludes hearing evidence in Malawi election case

The Constitutional Court hearining the May 21 Tripartite Elections presidential poll results dispute on Friday December 6 concluded hearing in Lilongwe earlier than anticipated after petitioners UTM Party and Malawi Congress Party (MCP) lawyers stayed away from cross-examining Malawi Electoral Commission’s Director of ICT, Muhabi Chisi on his sworn statement and simulation of the result management process made in court on Thursday.

MEC Director of ICT Muhabi Chisi:  Delivered a computer demonstration on how the election Result Management System (RMS) is designed and operates.

Lawyer for UTM president  Saulos Chilima – the first petitioner, Dr Chikosa Silungwe told the court that they had considered all evidence and decided not to cross examine the witness.

“The first petitioner will proceed with the evidence-in-chief,” he said.

Senior Counsel Modercai Msisha  representing MCP presidential hopeful Lazarus Chakwera – the second petitioner – also took his turn saying that they will not cross examine Muhabi Chisi.

Muhabi is a tumbuka name meaning “wizard or genius”.

“After considering the presentation and the evidence in chief there will be no cross-examination by the second petitioner,” said Msisha.

In view of the developments, lead counsel for MEC, Attorney General Kalekeni Kaphale also said they would not re-examine Chisi even on the matters that he was cross-examined on by President Arthur Peter Meutharika’s lawyer, Frank Mbeta on Thursday: we will no re-examine the witness.

The presidential elections case goes into history as one of the cases that has been followed by the public through radio live coverage but also having voluminous evidence which at one time lead Judge Healy Potani hinted that it could fill a three-tonner vehicle.

Although the lawyers for Chakwera had refrained from cross-examining Chisi, there were attempts by one of their lawyer, Pempho Lilkongwe to discredit the evidence of Chisi that it contained some information which was traversing the presentation of Daudi Suleman.

“We have gone through the presentation and we have seen that it has got lines that have information which are aimed at traversing the presentation of Mr Suleman, if we are going to adopt this presentation the lines should be removed,” he told the five judge panel.

However, this plea was not considered and the presentation by Chisi was accepted.

In the case being heard by a panel of five judges comprising Ivy Kamanga, Dingiswayo Madise, Mike Tembo, Redson Kapindu and Healey Potani as chairperson, President Peter Mutharika of Democratic Progressive Party (DPP), the declared winner, is first respondent and MEC is the second respondent.

Mutharika was declared winner, officially tallying 38.5 percent of the vote, followed by Chakwera in second position with 35 percent of the vote and Chilima with 20 percent.

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Mangochi Kabwafu
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Mangochi Kabwafu

There was no need to I interrogate him as his evidence was irrelevant to the case. I am now even wondering as to why he was invited.

Amadeus
Guest

Truth be told, I do not think Chisi is walking tall that he outsmarted mcp and utm lawyers. On the contrary, he must be feeling that he was completely off tangent as he was not addressing key issues raised by Suleman. For instance, he should have demonstrated that deleted files had no effect on management of results, or delinking tables in relational database did not have any effect on creating queries. That way his evidence would have been worth the salt. What he presented was too basic with no value addition to the case. Shame on him!!!

MULAWIZI
Guest
MULAWIZI

MCP and UTM are not smart people. Strategy based on hatred, greed, envy and selfishness will destroy them. There is no election in the world without irregularities. If irregularities are explained competently and have no impact on the final result then MCP and UTM are in real trouble. They all agreed that Peter Mutharika won the election and they think the court can declare Peter a looser. They think like Ana omwe amalanda zidole za anzawo although ali ndi zidole zawo. If it was Premier Bet, I could have given the double chance but Peter and MEC will win. Tiwone… Read more »

Amadeus
Guest

Were you following the same case and arguments? How can you say Alfandika and Munkhondya explained irregularities competently when they made fools of themselves? You are overdue for a mental examination, brother!!

Party of Death and Darkness
Guest
Party of Death and Darkness

You Amadeus should be dull indeed.

Amadeus
Guest

Tell me in a concise manner why you are convinced that I am dull.

APM akundiyamwa shaft 🍆👅
Guest
APM akundiyamwa shaft 🍆👅

Party of death and darkness you are the dull one. Stupid cadet

Don
Guest
Don

I think you are stupid

mtete
Guest
mtete

Zotukwanazi ndiye ayi. Argue logically

Amadeus
Guest

Just arguing from the premise of stupidity which you cherish, yes I am stupid. At least I know what I am. As for you, a mental exam is still pending.

mtete
Guest
mtete

Irregularities involving Tipex are very serious. What was flexed?

APM akundiyamwa shaft 🍆👅
Guest
APM akundiyamwa shaft 🍆👅

Mulawizi just shut your dull blue brain up. Nothing intelligent is coming from you. The case did not just prove irregularities, it also proved deliberate tampering with figures. We call that rigging. Mukhondiya and Alfandika failed to explain these away. So what are you talking about?

mtete
Guest
mtete

You don’t cross examine for the sake of it. You weigh the situation, analyse the possible outcome and impact and decide whether or not to cross examine. In the case we have intelligent and wise counsel decided not to make fools of themselves by engaging with a fool who masterminded rigging.

APM akundiyamwa shaft 🍆👅
Guest
APM akundiyamwa shaft 🍆👅

Exactly. By refraining from cross examination, they deprived that fool the opportunity of introducing into evidence his allegations about batch processing and justification for unreconciled figures. They fuçked him in the a$$

Nabanda
Guest

They say don’t argue with a fool because people will not notice the difference. Thumbs up for The lawyers!

Namalegeni Arafat
Guest
Namalegeni Arafat

Who has proved to be foolish between Muhab and Suleman? If these lawyers had any substance and cross examined Muhab, the vocal opposition would be on mountains praising them. but since they couldn’t after Muhab outsmarted them, then the same vocal opposition think they ar smart? For what?

APM akundiyamwa shaft 🍆👅
Guest
APM akundiyamwa shaft 🍆👅

Namalegeni: By refraining from cross examination, they deprived that fool the opportunity of introducing into evidence his allegations about batch processing and justification for unreconciled figures. They fuçked him in the a$$

mwinjilo chipasupasu
Guest
mwinjilo chipasupasu

Muhabi is muhabi indeed, a man of integrity, if you can recall, he was challenged to come and give witness by the petitioners themselves during Suleman’s demonstration. Yet they say they don’t have any ground to cross examine him why. Muhabi ne mulala, wanalume.

APM akundiyamwa shaft 🍆👅
Guest
APM akundiyamwa shaft 🍆👅

🤣🤣🤣🤣🤣 my brother it appears you don’t understand how these things work. Sit down😂😂😂😂😂😂😂. Ignorance is bliss indeed

Muthalirenji
Guest
Muthalirenji

Is it not total madness to rely on a computer generated grade when the exam was marked manually? A reasonable person will just total up manually as well the marks on each question and get a very correct score without even worrying about an innocent flash disk. The court will rely on scanned Form 60c (11,995 stream results) to come up with the correct score! We are having a last hearty laughter!

Twinkle Brothers
Guest
Twinkle Brothers

It’s dad that pipo are failing to see that Wizard was focusing on parliamentary simulation which the lawyers did not want to give him a platform to correct his mistakes..bravo to applicant’s for being strategic n forward looking…let short sighted pipo remain with their mchimba thinking

Muthalirenji
Guest
Muthalirenji

Your argument is typical of proMCP & UTM supporters following the case on Facebook or WhatsApp groups. The simulation was live on MEC RMS and the only slot available was the vacant parliamentary constituency in LL and Chisi mentioned it in court and judges allowed him to proceed.
You wanted Chisi to tipex an existing presidential results file?

Chatsikadi Chakwera
Guest
Chatsikadi Chakwera

If you us a calculator to solve a primary school Mathematics, you mean the same calculator won’t work for a secondary school Mathematics? Your argument shows lack of understanding. Muhab wakupindani basi. Tangovomerani.

APM akundiyamwa shaft 🍆👅
Guest
APM akundiyamwa shaft 🍆👅

By refraining from cross examination, they deprived that fool the opportunity of introducing into evidence his allegations about batch processing and justification for unreconciled figures. They fuçked him in the a$$

Peter T
Guest
Peter T

Cadets please you have to wake up maybe you need someone to schooling you. If lawyers for opposition been not cross examine Chisi does mean he’s Genius! Even Modicai Msisha hes no meaning that: he didn’t want to say this word. Chisi he is fool completely there was nothing he was doing for that demostrate that’s why the lawyers didn’t want to cross examine him.

Pat
Guest
Pat

Ayayayayayayaaaaa! Your English needs schooling before we go to your mental capacity Mr. Tosh! Mwalemba ndinu, ine sindikukudziwani, koma ndikuchita manyazi ndi zizungu zanuzi

kanchenga
Guest
kanchenga

Ndi chizungu chanuchi is the correct chichewa

Ochewa Dala
Guest
Ochewa Dala

iiiiii koma ku school kunapitidwa???? Mulandu utionesa zosaona

Gome
Guest
Gome

Muhabi does not mean Genius, this means a witchcraft I don’t know whether these words mean the same.

Baboon
Guest
Baboon

Muhabi means witch and his surname chisi means darkness eish a witch in darkness I see

Apumbwa
Guest
Apumbwa

He was not worth cross-examining!
He did not discredit any evidence that MCP/UTM lawyers already presented
All he did was explain how the computers SHOULD have worked and nothing else