The Constitutional court on Wednesday continued with the cross examination and re-examination of a Bright Kawaka, UTM Party national deputy director of elections, a fourth witness for immediate past vice-president Saulos Chilima the first petitioner in the historic elections petition case.
In his evidence, Kawaka, who is the highest ranking party official to appear in this case after Chilima, put across over 50 exhibits being polling stream log books that he said, show various irregularities.
He picked issues such as that names of candidates were written in ink and not printed as was expected; names and code numbers of polling stations for the log books he picked were written in ink.
When cross examined on his testimony and for each and every one of the polling streams, Kawaka, a trained mechanical engineer, told the court that monitors had signed for the stream results sheets and that the Presidential vote count for each candidate was properly captured on the Polling Station tally sheet that was transmitted to the Malawi Electoral Commission (MEC).
This observation pervaded all the stream results that he exhibited.
Kawaka further conceded he had not brought to court, through his testimony, any evidence of any rigging by anyone and could not show how any of the candidates had benefitted or been disadvantaged by his observed anomalies.
During the friendly re-examination by one of the lawyers representing Chilima, George Mwale,
the witness said he was part of a team of monitors from different political parties that accompanied MEC officials and flew to Dubai to oversee printing of tally sheets, ballot papers and other polling stationery.
He said all electoral materials that were printed at Al Ghurair Printing and Publishing LLC in Dubai were “customised”.
Kawaka said the electoral material was packed according to polling stations, constituencies and districts.
Lawyer Mwale asked Kawaka, who said they monitored printing of ballot papers to ensure that no counterfeit stationery was introduced into elections for possible rigging, on who made authorised changes in the design of the electoral materials in Dubai.
Kawaka said “we had a meeting of all stakeholders?”
But Judge Ivy Kamanga, who forms part of the five-member panel hearing the case, told Kawaka to be brief and answer the question about “who” authorised the change of design.
Said Kawaka: “We authorised as all the stakeholders in that meeting. We had MEC secretariat, we also had the commissioners, and we had the general manager of the printing company; its marketing manager, DPP, MCP and us UTM.”
During the re-examination, there were some objections raised by the Attorney General Kalekeni Kaphale and lawyer Frank Mbeta, representing first respondent, President Peter Mutharika, with the court overruling some questions considered to have come from issues that did not come out during cross-examination or existed on the sworn statements.
The case continues on Thursday.Follow and Subscribe Nyasa TV :