UTM explains Malawi elections case witness withdraw: ‘It’s tactical’

The UTM  Party legal team has said the withdraw of 34 witnesses in the on-going presidential elections case is tactical and insisted that it is satisfied with the strength of the evidence tendered so far by four witnesses including for first petitioner in the case, immediate Vice President Saulos Chilima.

Chilima lawyers outside court: Silungwe on the left

Lawyer Dr Chikosa Silungwe, who is a lead counsel for Chilima said in an interview with Nyasa Times on Thursday that the decision was arrived at after a deep review of the case.

He said the decision also takes into consideration “,the progress made so far, the strength of the evidence already given at this juncture, and a thoughtful reflection on the time the case is taking to conclude [the case]” as the nation eagerly waits to hear the final judgment on the validity of the dubiously managed election held on 21 May 2019.

“The main motivation behind the decision is the need to quickly bring the case to its logical conclusion in a timely manner, without necessarily compromising on the strength of the case,” said Silungwe.

“This is in line with the rules of the court which require that election cases should be concluded quickly within a number of days,” he added.

Lawyer Silungwe continued: “The decision taken today also compliments the directions the court has been issuing to fast-track the case. The move has hugely cut on the time for concluding the case. With the 38 witnesses for the first petitioner withdrawn, the court will now move quickly to hear evidence for the second petitioner.”

He said while the witnesses who have been withdrawn would have brought in further dimensions to the case, this has had to be balanced with the need not to take the nation for granted and keep it in a prolonged state of uncertainty.

“The nation needs to know the truth, and know it quickly so that together we can chart a new way forward for the country. The first petitioner’s legal team maintains that there is enough evidence to work with for nullification of the presidential election,” said Silungwe.

Silungwe took the court by surprise when he announced that they would not be bringing in any witnesses apart from the four that have already testified namely Chilima, Mirriam Gwalidi, Darlington Ndasauka and Bright Kawaga.

The Constitution Court will resume hearing of the case on Tuesday next week as it will  start hearing the second petitioner’s testimony, Malawi Congress Party (MCP) presidential hopeful, Lazarus Chakwera.

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Mtete
Mtete
4 years ago

Spot on UTM lawyers. It’s a tactical move indeed and serious thinking Malawians applaud you. Why waste time on unpatriotic witnesses who have been corrupted DPP on behalf of APM just to embarrass UTM? Wait until Chakwera steps in. There is so much watertight evidence out there to cause APM/DPP sleepless nights.

VYOTO
VYOTO
4 years ago

KUMENEKO NDETIMATI ‘OUT OF THE BOX THINKING” OSATI ZOLOWEZA IYAYI, WAGWA NAYO ACHINA KALEKENI KAPHALE NGATI AMAGANIZA KUTI DELAYING TACTICS YITHANDIZA KOMANSO KUGULA MBONI ZA UTM????????

Tuvitwana
Tuvitwana
4 years ago

Bola UTM wabodza yemweyo, NANGA NGANGA YA 80 YEARS! POMPANO IMENYA CARDIAC ARREST

dalo
dalo
4 years ago

KODI AMALAWI…..BASI KUFUNA SPOON FEEDING PALIPONSE??? SIMUKUONABE KUTI ZISANKHO PANALIBE ZACHILUNGAMO APA?

President Mkango Lion Manthakanjenjemereza
President Mkango Lion Manthakanjenjemereza
4 years ago

There are more evidence for Chilima and Chakwera to rely on like the Auditors report which mentioned all irregularities rather than waisting time parading 1000 witnesses.

Chilaz
Chilaz
4 years ago

They have no arguments!!! Period!!!

FRED LOCK
4 years ago

joloza yu dont know what yu are talking, thats why lawyers for APM and MEC they crying they wanted to make some delaying tactics out of those 38 witnesses where by they should be asking each witness per 4 days which is killing time, just imagine kaphale was preparing more questions, SILUNGWE is genius

Joloza
4 years ago
Reply to  FRED LOCK

Aaaaaaa madala Fred zavutapo apa chofunika ndikuvomereza basi. UTM ilibe umboni. Zikanakhala Kuti mboni 34 zili ndi umboni weniweni ogwirika oteketsa dziko sakanaziletsa kuti zisapelekere umboni wake. Tactically Silungwe is telling us that UTM has a bunch of witnesses without evidence.

Igwe
Igwe
4 years ago
Reply to  Joloza

Mr Joloza this is a tactical move, the dpp and MEC guys are afraid of this case and are doing everything possible i mean a trick in the books of their blue camp to stop or find something to make sure they stay in power by hook or tipex. They are bribing some witnesses with some 6 millions to make sure they say to the contrary so the Silungwe Camp have discovered this and use counter attack. The other witness is that two thirds of Malawians do not like Munthalika and his leadership period.

jonas
jonas
4 years ago
Reply to  FRED LOCK

Join the discussion…kupusa mungatenge anthu 34 onsewo umboni wofana shupiti

Nyakwawa A
Nyakwawa A
4 years ago

UTM withdrew witnesses because DPP paid some 10 witnesses MK6 million each to testify against UTM. UTM intellegency got wind of it and acted accordingly. Now DPP is shocked and wants to recover the cash from UTM. Timva.

Joloza
4 years ago
Reply to  Nyakwawa A

Anyakwawa this is another hearsay. Mamuna azivomereza zikavuta

Hamlet
Hamlet
4 years ago
Reply to  Nyakwawa A

You need to go to Zomba Mental Hospital.

Igwe
Igwe
4 years ago
Reply to  Nyakwawa A

Very true man, you can fool people yes but not all time and not all people. SIlungwe waitha man

phiriwaphiri
4 years ago

bobobo mbwerera zamboni they ar afraid to bring more mbwerrera zamanyazi wakhala ndi chakera ndimbwerera zake zamanyazi zzzzzzzzzzzzzzzzzzz wakhala ndi mtambo zbs ndi capital zimamutenga ngati anangel see what zes did nkhani ya ma demo two day pa air koma global fund comment on malawi negaive malawi is

zegede
zegede
4 years ago

Petition inali yoti chisankho sichinayende bwino paja eti ndipo mwapereka zifukwa zomwe munapeza zolakwikazo ….Acourt ntchito ndi imeneyo MEC plus DPP sakuonapo vuto kugwilitsa ntchito zipangizo zosaloledwa pachinsankhochi ….inu ndamene mungathe kuunikira bwino

Kharupa
Kharupa
4 years ago
Reply to  zegede

Irregular does not mean it was done to someone’s advantage or disadvantage. The evidence given was supposed to highlight whether the irregularities disadvantaged others while at the same time advantage was given to others.

Igwe
Igwe
4 years ago
Reply to  Kharupa

Yaa true only deaf people can not make the connections if tipex was used to alter the results as presented by some witnesses in should we say its fine and none benefited from MEC’s mediocrity? Rigging and this mediocrity started long before elections, failing to amend elections laws, choosing corrupt and useless MEC commissioners, bribing opposition MPS to make sure some laws are not passed in Parliament, obtaining meaningless and questionable injunctions while elections were in process are all irregular and some one who you and me know benefited from this. This is what we want to change.

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