Malawi Poll Case: AG Kaphale Further Tears Apart Chilima’s Petition

Attorney General (AG) Kalekeni Kaphale on Tuesday continued with his gruelling cross-examination to first petitioner Saulos Chilima in presidential election results to  tear apart further his case for nullification of the May results  as the UTM Party leader  said he cannot say that  the contentious correctional fluid Tippex was used for fraud.

In cross-examination, Kaphale took Chilima through the issue of monitors and asked the UTM leader if he had  “enough time” to consult his monitors on valid vote counting in the 10 centers which he has raised in his petition.

“Yes we had it,” said Chilima.

And Kaphale asked: “ None of your monitors in the centers challenged the results in any sworn statement.”

Chilima responded “No.”

The Attorney General Kaphale representing  Malawi Electoral Commission (MEC), in his capacity as government’s chief legal adviser, made Chilima confirm that if he had alternative results he would have brought them to court.

“ Indeed if there were alternative results, we would,” said Chilima.

Pressing further, Kaphale asked the  former vice-president that all the ten forms, if  he would indicate where Tippex was used for fraud.

“No. I can only say there is Tippex but I cannot say was used for fraud,” Chilima said.

Kaphale in the afternoon continued with cross-examining Chilima mostly focus on elections results tally sheets.

Kaphale: You will agree with me that all forms were signed by your monitors.

 Chilima: That is true.

Kaphale: You have been with these forms since June?

Chilima: That is also true.

Kaphale: You agree with me that no monitors who were on the ground have challenged these results?

Chilima: That is also true.

Kaphale: You confirm that its only Gift Chemadi who has challenged his signature.

Chilima: That is true.

Kaphale: We agree that even him is only challenging his signature and not the results? Chilima: That is true.

President Peter Mutharika, who was declared by MEC as winner in the presidential race, is the first respondent and the electoral body is the second respondent.

Malawi Congress Party  (MCP) leader, Lazarus Chakwera,  is second petitioner.

Both Chilima and Chakwera are arguing that the May 21 Tripartite Elections lacked credibility and must be declared null and void.

The petitioners contend that Mutharika “won a fraudulent election” fraught with irregularities, including alleged stuffing of ballot papers with pre-marked ballots, tampering with election results sheets through correctional fluid called Tippex, and being found in possession of  result sheets at home.

So far the Constitutional Court  presided by the five-judge panel of Healey Potani, Mike Tembo, Redson Kapindu, Dingiswayo Madise and Ivy Kamanga has not heard of any touted “overwhelming evidence” from the petitioners.

5 Responses to "Malawi Poll Case: AG Kaphale Further Tears Apart Chilima’s Petition"

  1. Yamikani Nyambalo   August 13, 2019 at 4:20 pm

    Awa akungotitaitsa nthawi alibe ma facts

    Reply
  2. Pemphero   August 13, 2019 at 5:14 pm

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  4. John Phiri   August 13, 2019 at 7:52 pm

    0.004% of the ballots were fake!

    So the case is thrown out! Kkkkkk. This is not how judgements are arrived at.

    MEC and your collaborators take care

    Reply
  5. chilima chakwera   August 14, 2019 at 7:41 pm

    chilima camp stop sticking to things that may mislead you. the fact is you don’t have strong evidence to convince big brains. don’t cheat yourselves that the chilima cross exam is only the preliminary part and there is another final part in which chilima lawyers will beat mec, this is kudikira madzi amphutsi. even before the commencement of the court proceedings from the way you behaved: violent demos, late submission of your pertitions to the defence team, telling your supporters to attack mec lawyers, kumkuyu’s lanting and cursing on corrupt times tv, etc. were clear indicators that you don’t have valid evidence to accept defeat. remember that political leaders in a democracy are only chosen through a secret ballot. the major problem here is autocrat chakwera who is used to intimidations and torture inorder to grab power. how on earth could you attack your own police? what exactly do you want? to make them respond violently as it was the case in 2011 to buy internation condemnation at our police? neither courts nor true democrats can be intimidated by these hyena stylish manouvers. chilima and mtambo you will be badly ashamed once you lose this fake case and many will never forgive you for the psychological trauma you have caused to us. you are attacking our business giants who are the main contributors to our economically indepent zero aid budget that has seen us paying our civil servants, buying drugs, running the tripartite elections etc. now drugs are eratic in major hospitals, electricity bills are rising, bread price went up. mtambo, chilima, chakwera, trapence, sembereka, mayaya and chingota don’t push us too far we are also humans.

    Reply

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