Two witnesses in the Mzimba Central Constituency primary elections dispute Tuesday disowned the electoral college presented to them by the Malawi Congress Party (MCP) North South Region Chairperson, citing errors in the document.
The matter, currently before the High Court in Mzuzu, involves Trade Minister Vitumbiko Mumba as the claimant, with MCP as the first defendant and Presidential Advisor Adamson Kuseri Mkandawire as the second defendant.
In the disputed primaries, MCP declared Mkandawire the winner in an election presided over by the party’s Maxwell Thyolera.
The claimant presented three witnesses, Mumba himself, Mzimba Central Constituency Chairperson Whyton Shaba and Euthini District Secretary Mathews Shaba.
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During cross-examination, Mathews Shaba said they had been told to sign the document containing the electoral college in haste, as the regional chairperson was rushing to a meeting in Mpherembe.
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He said the regional chairperson had advised them to review and verify the document within three days, after they had already signed it.
“I later got a call from the constituency secretary saying the list we signed had errors. We attempted to meet the regional chairperson to raise our concerns but did not find him at the office.
“We later spoke over the phone and he told me it was out of his hands, meaning it had been referred to the National Executive Committee (Nec),” Mathews Shaba said.
He added that they followed up with Nec, which promised to send a delegation to verify the electoral college.
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“They indeed came but only covered three areas, promising to return but have not done so to date,” he said.
Whyton Shaba also testified that the elections were not conducted in a free and fair manner and therefore could not be recognised.
He said they were instructed to use a 2018 electoral college, which had 37 areas, but due to a demarcation exercise, 13 new areas had been created which required verification. This process, he said, was only partially completed.
Similarly, speaking before the two witnesses, Mumba stated that there was still no agreement on the electoral college and that the primary elections never took place.
Furthermore, Mumba said he was never informed that primary elections would be held.
Regarding the electoral college, Mumba described it as bogus, insisting that some names in the new areas appeared twice while others from the original list were missing.
Pressing on, lawyer Justin Dzonzi, representing Mkandawire, asked the claimant to produce the names that were erroneously included in the electoral college and those that were omitted.
During the hearing, the defence played two videos in which commentary alleged that the claimant had hired thugs to disrupt the disputed primary elections, which were conducted on May 11, 2025.
“I am wondering, none of the witnesses has commented on this violence, not even you in the exhibits. Why is that?” Dzonzi asked.
However, Mumba said the issue had been reported to Kafukule Police Station, arrests had been made, and that they had not included the matter in the exhibits because it is now a criminal case.
Meanwhile, the case, presided over by Justice Justus Kishindo, will resume today for cross-examination of three defence witnesses including Mkandawire, after which the court will give direction.
