Trial for the electoral case brought by MCP and UTM will commence on the 29th of July. Recent court events have given us a glimpse of what is to come, and the odds are stacked against the MCP and UTM.
MCP and UTM supporters need to brace themselves for a disappointing outcome when the case concludes. There will be no re-run of the Tripartite Elections.
Initially, the MCP wanted a recount of some select voting centres. But they have now changed, calling for a re-run. The change of goal-posts should worry the MCP supporters.
Those with intimate knowledge to the case say that the MCP changed tune because there is no evidence to necessitate a recount.
A re-run or a nullification of election results is not a small decision. It would require that you to prove beyond a reasonable doubt that there are sufficient grounds to cancel the whole electoral process.
MEC reported that they only received 147 reported complaints that were all resolved. With 5,002 voting stations, this number would not even represent 1% of the stations.
Once the trial starts, MCP and UTM will present evidence of their complaints. It would be interesting to see if they would even warrant calls for nullification.
Member of Parliament and Councillor elections results have been accepted as free and fair. Chakwera and all MPs have been sworn in Parliament.
Malawians are going to be keen to hear how the MEC, together with the monitors and all party representatives can get it wrong only for Presidential results. Especially to get it so wrong to warrant the cancellation of the whole election and a re-run of the Presidential elections.
Court representations by the MCP and a blanket request of bank statements of MEC officials exposed the MCP as a party that had no case from the beginning. They are going on a fishing expedition, going to the point of infringing privacy of Malawian citizens.
If you think that you have a case, you prepare and present your evidence. You do not take the matter to court and then ask for time to gather evidence which may not even exist.
As things stand, there would be no re-run. The MCP and UTM do not have any compelling case to present to the courts to convince them to cancel the whole Presidential Elections results.
Even the best lawyer in the world cannot win a case where there is no evidence of wrong-doing.
Malawian Tripartite Elections were credible, free and fair. International observers made that conclusion, and it is the same conclusion the court will come to.
There will be no re-run!