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.

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.