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.

Silungwe: We have proved our case

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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Noxy
9 months ago

No valid votes affected.So the point is A good Manager is judged by good results.So if no valid vote was affected my Brother elections were well done.

ERUTU
ERUTU
9 months ago

AMVA MADZI AMENEWA NDIPO MA OPEL KADETT MULI M’MADZI

Nabanda
9 months ago

Indeed election was a sham

Mbwiye wapata
9 months ago

Foolish thinking

Yafet Kanyinji
Yafet Kanyinji
9 months ago

This doesn’t require a law expert or PPE act only basic understanding one can come up with a judgement

TRUTH
TRUTH
9 months ago

So UTM lawyer is representing UTM and a judge himself. Ma lawyer a pa Malawi mbola zenizeni!!!

pedegu
pedegu
9 months ago

Every body is saying that council, but the truth will be known once judgement is out just wait and see how the laws will be interpreteted by the learned Judges.

Mr E
Mr E
9 months ago

Says the weed taking lawyer. I like your coolness Dr silungwe….even when ducking blows from Mr chisi you are so cool. Weed should be recommended to all men

Maunits
Maunits
9 months ago

We will have to vote for the president. This tippex president we do not want him in this country else we will lose this beautiful country Malawi.

Crocodile Party
Crocodile Party
9 months ago
Reply to  Maunits

it’s sad that the so called lawyer is parading himself as a judge in public just to buy sympathy of judges. Typical of opposition mercenaries. You failed to cross examine Chisi, so why are you acting as a judge? Judges said they will not use public opinion to come up with their verdict, so whose opinion do you want to influence Silungwe?

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