UTM Party president Dr Saulos Chilima’s lawyer Bright Theu on Tuesday took on Democratic Progressive Party (DPP) President Peter Mutharika’s second witness Bob Chimkango in the ongoing electoral case in cross examination which centered on his involvement in active politics while serving as a public servant.
Through cross examination, Chimkango confirmed that he started working as a Company Secretary at Malawi Housing Corporation late 2018, but he was heavily involved with the ruling DPP before and after May 21, 2019 elections as a party member.
Section 193 of the Constitution provides for the independence and neutrality of the public service.
Furthermore, it is misconduct for a public servant to engage in political activities as provided for in Regulation 1:201(24) of the Malawi Public Service Regulations,” reads the letter
Public servants are required to resign or retire once they qualify, prior to embarking on their political campaign at any level.
However, this was not the case with Chimkango, who is a lawyer by profession.
Theu also tried to punch holes in his sworn statement particularly in areas where he mentioned that the results as announced by the Malawi Electoral Commission (MEC) were duly audited at the time the announcement was made and that there were very few instances where results sheets were handwritten on ordinary papers.
Asked why he thought presiding officers did that, Chimkango said they “were just improvising” though he agreed that it was against the electoral proceedures.
Theu also tackled an issue whereby a presiding officer Rabecca Chirwa signed forms 72C from Rumphi West and Mzuzu West.
“Have you ever travelled from Mzuzu to Rumphi boma? And how long did it take?” asked Theu
Chimkango answered that “From Mzuzu to Rumphi it takes about an hour” but could not estimate how it an take to walk the same distance.
The highly contentious cross examination between the two legal minds which prompted the president judge Heally Potani to remind Chimkango that he is not in court as counsel but a witness is expected to finish tomorrow morning.
Then, he will be cross examined by Malawi Congress Party (MCP) president Lazarus Chakwera lawyers before being re-examined by DPP lawyers.Follow and Subscribe Nyasa TV :