UTM lawyer says case proved Malawi presidential poll results were bastardised

Lawyer for UTM Party president Saulos Chilima in the presidential election result petition says the petitioners have proved their case that the May 21  election was a sham.

Khumbo Soko said this at the end of the hearing of the case on Friday following the surprising and dramatic decision by lawyers representing Malawi Congress Party and UTM not to cross examine the Malawi Electoral Commission IT guru Muhabi Chisi.

“We have made our case. Our witnesses have proved that this election was a sham. We did not have anything resembling an election,” said Soko.

Mordecai Msisha, lead lawyer for the MCP also said the case has ended on a good note with overwhelming evidence that the election was marred with irregularities.

Attorney general Kalekeni Kaphale said the Malawi Electoral Commission has proved that the minor irregularities did not affect the outcome of the case.

On his part UTM lead lawyer Chikosa Silungwe said  both the petitioners and responded  firmly agree presidential election results were  altered, mostly using correction fluid Tippex as well as pens.

“We have established that no originals were used in these elections, duplicates were used in these elections, fake sheets were used in the elections; tippexed sheets were used, in a number of cases no log books were used, presiding officers and assistant presiding officers never signed results sheets and log books,” said distinctively calm and cool talking lawyer Silungwe, adding “We are all agreed there.”

He continued: “The difference that is arising is arising this way: the lawyers for Professor Mutharika and MEC are eloquently saying that despite that no originals were used, despite that fake sheets were used, despite that tippexed sheets were used, despite that duplicates were used, that should not matter as long as a valid vote count was not affected. We admire their eloquence but the point is this, it should actually matter.”

Chikosa said:“If you have used fake sheets in the elections;  if you have used tippexed sheets  in the elections, you cannot have valid vote count count according to the laws governing elections in this country.” said

He further said: “At the end of the day the court will have to decide this basic point, forget the eloquence.That is the basic point.”

Silungwe said while he did not want to pre-empt the final submission,  Chilma lawyers will be making to court  in the proceedings, he can point out that the first petitioner’s team has demonstrated that as stipulated under the law, irregularities are defined as non-compliance with the law and all evidence has been pointing to this narrative.

“If you have not used original sheets when the  Presidenrial and Parliamentray  Election Act says you should; if you have used tippex sheest  when the PPE Act says you shouldn’t, you can make your own conclusion, I don’t have to make conclusions for you[I rest my case],” said Silungwe.

He pointed out that Attorney General Kalekeni Kaphale asked the first petitioner, Chilima, to read the definion of irregularity in PPE ACT.

Silungwe said the definition of irregularity under the PPE Act means “non compliance .”

Being heard by a panel of five judges, Potani, Mike Tembo, Dingiswayo Madise, Redson Kapindu and Ivy Kamanga, the case has Chilima as the first petitioner and Malawi Congress Party president Lazarus Chakwera as the second petitioner.

The petitioners contend that Mutharika “won a fraudulent election” fraught with irregularities, including alleged tampering with election results sheets through correction fluid, popularly known as Tippex.

The case has taken 59 days with 15 witnesses

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