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

December 6, 2019 Chem'bwana Nkolokosa –Nyasa Times 61 Comments

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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61 replies on “No cross-examination for MEC ‘wizard’: Court concludes hearing evidence in Malawi election case”

  1. 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.

  2. 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!!!

  3. 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 mene zithere. After all Muhabi is better than Daud, despite the objections from the Genious Lawyer Msiska, the court allowed him to present the simulation and give it an ID. That’s how dangerous Muhabi is. The Judges wanted to understand how the RMS works from the horses mouth not from the mercenary Daud. Be careful with your expectations

    1. 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!!

      2. 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.

    4. 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?

  4. 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.

    1. 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$$

    1. 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?

      1. 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$$

  6. 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.

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

  7. 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!

    1. 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

      1. 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?

      2. 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.

        1. 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$$

  8. 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.

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

  10. 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

  11. Ma lawyer a MCP ndi UTM ndimadolo coz Muhabi chisi adadzikola yekha dzulo pogwiritsa ntchito ma results aparliamentarians instead of presidetial results amene ali questionable ndiye ma lawyer akakodwa pofunsa zotsatira zomwe sizili mkhoti

    1. That’s the thing that other pipo are not seeing…hd has not even discredited Suleiman evidence….it’s a shame… I know they wanted to use X examination to correct their thing but they have met strategists

  12. The bottom line is that there were irregularities in this election; hence not free fair and credible. Chisi’s testimony was not the final judgement but an attempt by DPP/APM to confuse the process. Chisi may be a wizard and genius but definitely capable of corrupting the election results and that’s what he did.

  13. Muhabi and Mufwiti in Tumbuka mean the same, wizard in English. In Tumbuka muhabi will never interchange its meaning with a Genius because, its like glorifying Evil.

  14. It would have been a waste of the courts time to give merit to Muhabi’s nuisance. This egg was scrambled a long time ago, Muhabi can’t unscramble it.

  15. DPP & MEC osaopa ndi ana awa. Ife mboni yathu yaikulu ndi FORM 60c ndipo siikutekeseka. Mboni imenei mulungu aidalitse chifukwa imakana kipakidwa tipex, kutumizidwa ngati duplicate, kusinthidwa ncholembera kapena kulembedwa pamanja!!!! Ikatiyankhulira chilungamo ndipo madando one okhudzana ndi tipex, duplicated, manually altered and handwritten form 66c ali njenjenje kudandauula kuti Neba waulula chilungamo

  16. It’s unfortunate the court didn’t allow chisi to attack sulaimana’s evidence directly. Whenever he went too close there was objection.

    1. Don’t blame the court blame your incompetent lawyers who failed to poke holes/discredit Sulemani’s impeccable witness

      1. Komaaaa Suleiman was talking about presidential results in simulation n Chisi was talking about his computers worked in parliamentary simulation….wachepa ndimwana aneneyu that’s y angomusiya

  17. Izi ndiye amati kupha zipani ziwiri ndi mwala umodzi. Chisi was clear enough in his presentation so it’s only proper that wise men had no questions. Muhabi chisi ananena ananena tilekezele pomwepo

    1. The simulation for Chisi was based on the parliamentary results while the petitioners are contesting the presidential results, so why should they waste tym ask things that are illerevant, muzidzatsata zinthuzi inu

      1. But this was already cleared by both parties including the judges, he said he could not use the presidential vote coz the system could have rejected by virtue of being already casted. So they used parliamentary in constituency where elections did not take place

        1. Iwe so parliamentary votes were not casted..shame on u… simulation iyitu….tafusani anthu akuuzeni zimatani

          1. Don’t be quick to say that, understand the reason he used parliamentary, ma center omwe anagwilitsa ntchito ndi komwe sikunaponyedwe ma vote a u parliamentary thus why he used those centers. Nthawi zina ndibwino kumamva nkhani m’mene ilili osati m’mene ukuganizila. Apa palibenso kufunsa coz inenso ndimayitsata bwino khaniyi

      2. You don’t understand how the system works and keep quite. Muhabi was working on a live database containing all results and technically you cannot create an entry which already exist in the database if you do that it will give you an error and you cannot proceed unless you are given an option to overwrite the original entry. What Chisi said was all entries were already created in the RMS database hence his choice for the parliamentary result where elections were not conducted so that the system accepts the entry. If you are not competent in these issues humbly keep quite to avoid embarrassing yourself. For your own information the RMS uses shared database so there is no distinction between parliamentary and presidential results as they all share common database. If this was the same reasoning from the petitioners lawyers then its a missed opportunity for them.

  19. HE IS A GENIUS, WIZARD IN ICT JUST LIKE HIS NAME!!!! MPAKA MA LAWYER A OPPOSITION KUTHAWA KKKKKKKKKKKKK HAYAYAYAYAYAS!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    2. The reason MCP/UTM lawyers did not cross-examine your so called ” genius” is because he did not provide any witness/evidence worth cross-examinations, Your lawyers (MEC and DPP) failed miserably to discredit The real genius (Suleman)’s testimony

  20. kapumenu ma judge koma ikana MULUNGU PATSOGOLO DZIKO PATSOGOLO.MULUNGU AKUTSGOLERENI PAMENE MUBWERA NDI CHIGAMULO CHOKOZA MALAWI WATSOPANO.AMEN

  23. It only means wizard not genius,MCP and UTM played smart card they knew that mec will score more points during cross examination hence opted out,they already scored more punches mec lawyers thought they will score in the final round,being smart is the game

      2. A nyapapi a MCP ndi UTM ndi galu uja wa ku Burundi ndi nyau zake za kwa Nsundwe, why were they burning Malawi? Lero ali ndwiii ngati agwidwa ndi ufiti.

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