Tembenu asks court to dismiss Malawi election case as ‘frivolous’: Mutharika trims witnesses to 2 from 70

Former Justice and Constituional Affairs minister Samuel Tembenu , who is one of the lawyers for President Peter Mutharika,  the first respondent in the presidential election results nullification petition, has asked the Constitution Court to dismiss  the petition case which the two opposition leaders brought before the court disputing May 21 presidential election.

Ben Phiri and lawyer Samuel Tembenu at at the court in Lilongwe. 

Tembenu addressing the court before parading witnesses for  Mutharika who was added to the case by virtue of being the declared winner, said   five-judge panel of  Healey Potani, Mike Tembo, Dingiswayo Madise, Ivy Kamanga and Redson Kapindu should  dismiss petitions of UTM Party president Saulos Chilima and Lazarus Chakwera of Malawi Congress Party (MCP) challenging results of the presidential race as “frivolous.”

He stated that the evidence before the court does support the allegations by the petitioner.

Tembenu said there was no electoral fraud as claimed by petitioners  and that all election stakeholders including all political parties were involved and represented  in the process from voter registration, the printing of ballot papers, voting, counting , verification, approval at the national tally center and announcing the results.

In addition to that, Tembenu said  the evidence Mutharika’s legal team will give will show that the petitions by UTM and MCP leader  are “frivolous and vexations.”

Said Tembenu: “Therefore the petitions have to be dismissed.”

Meanwhile, Mutharika has brought down the number of witnesses to testify from 70 to two.

Lead counsel for Mutharika,  Frank Mbeta said Ben Phiri, the ruling Democratic Progressive Party (DPP) director of Elections and Blantyre-based lawyer Bob Chimkango, are the only ones to testify starting Friday.

Initially, Mutharika wanted to parade 243 witnesses but the Constitutional Court ordered them to reduce to 70.

Phiri is seen as the key witness as he has the insights on how the DPP operated and handled the elections and should brace for tough time from Chilima and Chakwera lawyers.

Lawyer for Chakwera, Mordecai Msisha said Mutharika’s legal team needs to communicate formally to the court over the decision to cut the number of witnesses for Mutharika.

The parading of the respondents’ witnesses follows the conclusion of testimony of witnesses for first petitioner Saulos Chilima (UTM Party president) and second petitioner Lazarus Chakwera (Malawi Congress Party president).

In the case, Chilima and Chakwera are seeking nullification of the presidential election results in the May 21 2019 Tripartite Elections and an order for a rerun.

Both MCP and UTM claim the May 21 presidential election was rigged in favour of Mutharika who was declared winner with 38 percent of the votes trailed by Chakwera with 35 percent and Chilima with 20 percent.

The petitioners cite irregularities, especially in the results management process, as some of the factors justifying nullification of the presidential election.

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Mwinithako
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Mwinithako

Little did I know that Silungwe and Modecai are idiots kkkkk

The Patriot
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The Patriot

Herewith an excerpt from a research done by an objective mind, a professional international journalist writing without any political bend or attachment or effected sensationalism (you may wish to read the whole article at foreignpolicy.com and make your conclusions about his analysis/research); Author: Luke Tyburski November 1, 2019 Foreignpolicy.com [FP] Title: Malawi Election was not Stolen with White-out “…does tempering [with tippex] merit the complete annulment of elections, as the opposition suggests, or was white-out used merely to correct mistakes, as the election commission asserts? With no analysis of the root claims, it is easy for one to default to… Read more »

The Patriot
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The Patriot

The fake Patriot!

Umphawi suonankhope
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Umphawi suonankhope

the research finding is only answering to the use of tipex, what about evidence brought before the court by Suleiman?

Philosopher
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Philosopher

One painful truth someone will have to swallow is that the five judges presiding over the case are potential chairpersons of MEC. Being such, no one would enjoy any negative treatment of they were chairing MEC, neither would they want to set a precedence. As such, they will do whatever they can to cover Jane Ansah’s back, because sooner that soon, it will be them. Call me a cadet, I don’t mind but I’m not one.
Check me and watch the case

Bullshit
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Bullshit

You are thinking like a goat. Likewise, the fall of Ansah will create a job for a competent person to run MEC. Re run might usher a different government in, in process creating a space for one of these judges to become an Attorney general and another becoming a minister of justice. Look at both sides of the scenario and stop being biased

amadeus
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Which evidence is Mr. Tembenu looking at? He thinks like a typical half wit!!

mwenewamwene
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mwenewamwene

little did i know that tembenu is all that stupid

Dambolangalu
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Dambolangalu

Manthatu awa musaope chilungamo chiyende ngati water.

Da Rookie who keeps it real
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It’s too late to dismiss the case. Besides, claiming that everything went on fairly well is an idea that no one can buy now considering that on one hand we have the MEC system which was used and has been proven to have had some serious flaws. The case still continues

che nnungu
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A Tembunu kuganiza ngati Nkhumba galu iwe. Tiona simunati

Nasingwe
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Nasingwe

thats exactly what jeni did ataona kuti game yakula anangoti wawina ndi pitala. did you check properly the foto ya jeni ansa ndi ma tima lawyers anaphoza nato tija??? the foto itself had loud words of cinyengo, za masanje.
tembenu ife za mapwala akozo kwa amaku ,go

BWITOTO
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BWITOTO

Maloto a chumba…..