Court okays Mec request


The Constitutional Court yesterday gave Malawi Electoral Commission (Mec) Director of Information Communication Technology (ICT), Muhabi Chisi, a go-ahead to simulate and demonstrate to the court technical evidence as to what transpired during the May 21 tripartite election’s result management.

Chisi wants to do the simulation of the process just like Malawi Congress Party (MCP) witness Daud Suleman did in the court.

Presenting the court’s decision on Mec’s application to demonstrate the evidence in the court, Judge Healey Potani said Chisi should, however, not make his demonstration as a reply to what Suleman presented in the court.


“On November 6 2019 Mec made an application for Mr Chisi to testify in order to traverse the oral evidence of Daud Suleman. The court believes that both parties should have the opportunity to demonstrate using the very system that is in dispute in order to eliminate any possible doubt.

“Therefore, in the spirit of putting both parties on equal footing, the court will allow Mr Chisi to simulate and demonstrate his evidence. However, this must be emphasised, our decision is that the simulation should not be on the purpose of traversing the evidence of Suleman,” Potani said

After Potani delivered the court’s decision on the matter, Attorney General (AG), Kalekeni Kaphale, continued to cross-examine Suleman.


During the course of the cross-examination, Suleman said the AG was being evasive from cross-examining him on issues to do with Information Technology (IT) system and was focusing on legal matters.

But Kaphale said he was deliberately doing that so that they should be on the same wavelength.

Kaphale dwelled much on what transpired on the ground as opposed to computerised processes.

The AG later handed over the cross-examination process to Tamando Chokhotho, who is also representing Mec in the case. The court directed that Chokhotho should not repeat questions asked by the AG.

Suleman is the sixth and last witness for MCP in the election’s case in which UTM president Saulos Chilima and MCP president Lazarus Chakwera are contesting results of the May 21 tripartite elections.

Mec declared Democratic Progressive Party president Peter Mutharika winner of the elections.

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