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

September 12, 2019 James Nthondo -Nyasa Times 33 Comments

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 With the 38 witnesses for the first petitioner withdrawn, the court will now move quickly to hear evidence for the second petitioner.”

He said while the witnesses who have been withdrawn would have brought in further dimensions to the case, this has had to be balanced with the need not to take the nation for granted and keep it in a prolonged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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33 replies on “UTM explains Malawi elections case witness withdraw: ‘It’s tactical’”

  1. 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.

  2. 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????????

  5. 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.

  7. 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

    1. 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.

      1. 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.

  8. 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.

  9. 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

  10. 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

    1. 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.

      1. 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.

  11. Tsokatu ili ma monitors simunawalipilebe pano mukuti mukudikira re run tsokatu likalimba amakuluma ndi garu wako ,utm unalumidwa ndi ma monitors Ake omwe

  12. MEC must explain the 500,000.00 votes added to candidates at the end. Irregularity. But we know that those who do evil face justice right here. Evidence is right here for everyone to see.

  13. Kenya was done in 2 weeks.Malawy is just1/8 of Kenya. Do nor make courts your restaurants and toilets. Conclude case and other things .You have made every business stand still.

  14. There is nothing like tactical withdrawal here, mumangomva etiii? UTM’s legal team has run out of ideas. It would seem not much homework was put into this circus. If anything Chikosa should have done an honourable and gratefully gesture by advising his client that the case was very weak and a non-starter, winning on such flimsy grounds was silly and a waste of time and money. Instead he just looked at making easy money from donations made by Makondi, Kambalu and company. He naturally disregarded his profession and his standing in society when and where it comes to peoples trust.At that rate it will be very unlikely that he would find another client looking for legal help, possibly another UTM follower.

    The saying goes “Moto umalowera kwatsala tchire”, in a couple of days to come it will be Chakwera’s turn to dance to the same music Chilima and friends have been dancing to the past 3 – 4 weeks. Fasten your seat belts and please extinguish your kanundus as the journey is about to start – hopefully this time around we will get to our destination safely and with all the passengers list intact. Meanwhile Chilima and Manganya have everybody’s fares handy to be presented to the 5 Judges, no free flights in these economic troubled times. Unfortunately, we are not taking any prisoners, the prisons are full.

    1. @Jason Bailer:
      … and anybody can say at any time, “this move is tactical, that move was tactical”, but it doesn’t necessarily make the tactics line up with the strategy. Such is the case here; and Chilima and UTM lawyers know it as well.
      Withdrawing so many witnesses suggests any of the following reasons, like, their evidence was not material to the case, or could even support the defense, or some witnesses saw no hope in the case and could even become hostile against the petitioners.
      …and apparently, this case is all about making claims, that are not legal in any sense. Plain hearsay, speculation and conspiracies: not based on de facto, nor de jure.
      Easy money for UTM lawyers basi.
      Can’t see how oChakwera’s evidence is going to be different, since UTM and MCP are reading the same election data. The judges are also reading the same data, and they can see right through the cynical smiles of the defense lawyers.
      MCP ultras should start preparing for tears … Kulira mokweza.

  15. Nothing tactical here. After all there is no tangible evidence to prove that the elections were rigged except hearsay. They have failed to prove that tippex affected the outcome of the election results

    1. What more evidence do you want you cadet…Umbuli or what?By just using fake tally sheets plus tippex that is enough evidence unless if you are blind and deaf

    2. No one has said elections were rigged. The issue before the court is about irregularities, which may include rigging of course. I have you read the report which auditors released?

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