Parties delighted with ‘smooth trial’: Malawi election case logical conclusion nigh
About 59 days have gone since the constitutional court started hearing the evidence from a horde of witnesses, including information and communications technology experts, monitors, Malawi Electoral Commission (MEC) officials and party officials in the ongoing May 21 electoral case in Lilongwe, hearing of evidence has concluded with all parties saying they are pleased.
Days full of drama, excitement and tampers in the land mark case first of it’s kind in Malawi to reach this which others have described as a unifying factor between the two petitioners, UTM party president Dr Sailors Chilima and Malawi Congress Party (MCP) president Dr Lazarus Chakwera who dragged the electoral commission to court for failing to hold the elections according to the Constitution and the Presidential and Parliamentary Elections Act (PPEA).
The two petitioners theory is that Malawi had presidential elections full of irregularities and fraud, which they feel was aimed at aiding the ruling Democratic Progressive Party (DPP) president Peter Mutharika, who MEC announced won the elections.
This far, out of 750 witnesses who were supposed to be examined before a panel of five judges, only 15 made it into the witness dock, with the rest withdrawn along the way.
However, 714 sworn statements still form part of the evidence before the court because although the witnesses were withdrawn, their statements still stand in court, according to Judge Healy Potani heading a panel of judges who include Ivy Kamanga, Dingiswayo Madise, Mike Tembo and Redson Kapindu.
The final day of evidence hearing stunned many as bother UTM and MCP withdrew their cross examination of MEC last witness, ICT director Muhabi Chisi.
According Chilima’s lawyer Dr Chikosa Silungwe, the withdrawal came about because they felt that there was nothing damaging in Chisi’s evidence in chief worth querying.
“You don’t ask questions just because you have time to ask. We observed that the evidence in chief had nothing damaging to our case so we thought it wise not to waste our time cross examining the witness,” said Silungwe, whose reasoning was echoed by MCP lawyer Mordecai Msisha.
Silungwe said he was pleased the matter is getting to reach its logical conclusion.
“The court has done its best that the matter is concluded as quickly as possible: The hearing has gone quite smoothly and I dare say quiet speedily,” Silungwe said.
After all is said and done, all the parties said they are comfortable with the way the case has been handled and feel they have driven the message home.
President Mutharika lawyer Frank Mbeta said they have all the expectation that the case will be thrown out.
“It was a tough one with voluminous documents to work on and respond to, but we feel that we have managed to prove our theory to the court,” he said.
Attorney General Kalekeni Kaphale who is representing MEC said they are optimistic with their performance.
“We have done our part and we will continue doing the same as we go into the next phase of submissions. The trial went on well and we are of the view that the court will according to what we have brought before it,” he said.
Silungwe said going by the court proceedings, there are enough reasons for the court to nullify the elections.
“It’s a constitutional mandate that MEC should manage the elections. The manager of the elections is always MEC and nobody else. MEC failed to manage the elections of two fronts which are irregularities and fraud. We have shown how through these irregularities and fraud about one million votes were affected,” he said.
On his part, Msisha said there was no reason for MEC to leave the management of the elections to ordinary people, which had a lot of irregularities.
Justice Potani told the the court that their determination will be solely based on the evidence before the court, properly presented before is and applicable by laws.
“We will not even be taken by public opinion but by the laws of the country in line with with practice and procedures,” he said.
He advised the parties that they should take into consideration that the case came by way of submissions which graduated into a constitutional referral and their submissions should dwell on that.
The order of submissions is that on December 10, the petitioners must file the court and serve a the parties written submissions both in hard and soft copies and the respondent’s must file the court and serve all the parties written submissions both in soft and hard copies.
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To us the wise people, Justice Potani has given a clear as to which side the case will go. He has has said in plain language that the case is constitutional in nature. We may not have heard all the arguments from the two sides, but mark my words, the judges were weighing each argument against constitutionality. The side that made much reference in its arguments to constitutionality will carry the day. To anybody who has a brain between his ears, it’s easy to distinguish “girls” from “boys” in this case 😁😁😁….
a clear hint**
Chilima and Daud ana amuna
The trueth is: there is no evidence for Mec and DPP been showed in this case! Well let’s all for Judgement day.
Chisi has convinced all the petitioners that MEC system was well managed and thats why they failed to find anything to accuse him. Remember, in the first place they were preventing him not to make a simulation why? Because they knew the court will get exactly how the system worked during the management of the results. So thank you UTM, MCP kuti mwamvetsa how the system worked and not speculations u were making. Chisi had said many tried to hack the system but failed. So UTM and MCP have just come into the open that they were the ones who were trying hard to hack it but failed to do so. I remember very well that during dry testing MEC asked all who claim to be experts in hacking do that but all admitted they failed. Where was Sulemani then? Why didnt he try to hack? And today he is claiming the system was volatile uuuhhhh shame on u Daudi
Mcp and utm I think ndiinu mbuzi za anthu..
Chilima ndi chakwera ngati amafunadi kuthandiza amalawi bwezi atagwirizana b4 the elections,,,
Koma anapanga dyera aliyese kufuna udindo(dyera)…
Lero aonongetsa zinthu zambiri mdzikomuno kuphatikizaso imfa Zach anthu ena..
My analysis on presidential case,,the irregularities were indeed there but it’s not up to the extent of having a rerun…
An election without irregularities its the one which can be said to be a fraud one…
Whether someone likes it or not,,,,most of mcp and utm party leaders Will be arrested…
Some of hrdc members will also be arrested for inciting violence…
Ma report akuonetsa kuti it was a well calculated plot by opposition and mtambo and his crew to disturb peace in this country and lastly bomba lisinthe mokakamiza…
Dziko sasenza,,osakhulupilira khalani chomcho koma sungani Mau angawa ndipo sikale muvomereza..
Good bless malawi
U know nothing broh just wait the judgement ndiyomwe itiuze zoona osamangotumbwa zopusa apa.
You can’t talk about God when you are aware of the dark dealings of your party. By the way the courts will not say irregularities were not enough to force a re-run.All they will say is that the irregularities were against the laid up procedures supported by the law.Infact as analogy,killing one person in 1000 cohort,does not make you free considering the percent alone but based on the laws even one person out of 1000 is enough for you to be jailed
Brother, This is democratic country and need to change to serve this country not to stole and kill our albinism relatives. I think zizinakuonekere.
Do not forget the issues that were also tackled by Munkhondia and Alfandika which was a final straw that broke the DPP back
Joka wafera mmanja
You can say that again
A missed opportunity. Today would have been the best day for lawyers from both sides as well s Chilima/Chakwera on one side and MEac team on another to hug each other, after the case hearing, just for the sake of unifying Malawians. Anyway, time alone will tell
Abwana si sewero’tu Iyi….serious business!
Nawenso Pali makobili ma hug achani iyi ndi nkhondo yolimbilana chithumba Cha capital Hill osati phada wa ma hug yo ayi
Ma lawyers a mcp ndi Utm sanafune kumufunsa mafuso muhabi chisi chifukwaChakuti umboni omwe wabweretsa chisi ndi wa aphungu pamene nkhani yomwe ili mu khoti ndiya presidential election and simulation yomwe wapanga muhabi chisi ndiya phungu waku Lilongwe mapuyu mmalo mwa pulezidenti
Kuganiza kwa mwanapiyetu uku
Bambo muhabi chisi ndinu chisendang’ona. Inu mwangolowa padziwe, a sulemani nthawi yomweyo kuyandama. Technical knockout
Coccaine and drug dealers, get them soft, get them soft
Even a street kid knows that the opposition parties have lost the game.Asakhwi Inu mbewa,aswiswiri Inu Inu ,you have also lost 2024 elections to come.shaaaaaa
Chisi wakukhwefulani mukabudla.
Muhabi apparently has gone unopposed. The opposition lawyers to save face and to avoid further damage to their IT expert case opted not to cross-examine him. Their arguments that they saw no substance in Chisi’s witnessing is by far the most deplomatic acceptance that Suileman’s theories were really cooked up and their cross examination would reveal more of the folly of Suleiman. To the nominal opposition supporter they think there is merit in what these lawyers are saying but lo and behold the learned men are dumbfounded. Their statement is designed to create further sensationalism regarding how the elections were managed instead of allowing their supporters to cool of and accept the results.
Sorry the majority 6?% the tiny 3?% still has carried the day owing to the electoral laws. Let’s build our nation. To the winning side, this is no lisence to plunder public funds. With a benefit of a doubt we have allowed you to proceed ruling. Be solid because 2024 is coming.
It’s too early to say that….your last statement
We understand you are a tea-plucker and most of these issues are beyond your comprehension. Inu koma gondolosi ambwiyee
Amavota ndiwomwewo ma tea pluckers
Do not dwell much on Suleman and Chisi. There is also the Mec CEO and their It Expert. Again think of what the auditors said too. This case is not a one man show. Let’s wait and see how this ends. It’s not over until its over. My piece of advice to all parties, let’s not get over excited tingadzadwale cardiac arrest.
Indeed, even from a lay person’s view, Muhabi Chisi failed to substantiate and argue against all that was presented by Daud Suleiman.
muhabi presented hown MEC system works whilst Suleman presented how MCP thought system should have been like.In all fairness chisi has carried the day.
Ready to hear : I Ivy Kamanga on behalf of five judges and the court, I nullify the May 21 Presidential Election results of which Pro.Peter Aurther Muthalika declared a win.
and order the president to call a fresh elections within 3months from today …then the hammer FALLS
hallucinations are free of charge
Our opinions matter.
in an argument, the loser is always the noisest and most destructive. What he wants is more damage as he has already lost or force judgement to go his side by duress. This is what Arafat the Zeze and Lazalo the Galatian were doing.