Justice Kachali finds Uladi Mussa guilty

Former Minister of Homeland Uladi Mussa has  been convicted on charges of using public office for the advantage of another  against corrupt practices act, neglectful of duty and altering of false documents.

Delivering of the Sentence will be done on 22 October, 2020.

The judgement was delivered by Justice Chifundo Kachale at the High Court in Lilongwe.

He has been convicted along with former Regional immigration officer David Kwanjana.

Another co-accused, Peter Katasa has been found guilty of altering false document. The court has acquitted two other foreign nationals.

HRDC to meet Chakwera over cabinet appointments

Human Rights Defenders Coalition (HRDC) has sought an audience with President Lazarus Chakwera to present grievances by Malawians over his 31-member cabinet appointments.

HRDC said more people are baffled as the appointments are appeasing, nepotistic and regionalistic in nature.

Gift Trapence, leader of the rights grouping that led demonstrations which toppled the Mutharika government said they are compiling the people's concerns to present.

HRDC cordinator Luke Tembo said they have been receiving calls since yesternight concerning the new cabinet.

"Most people are concerned with the composition of the new cabinet and issues concerning the absence of the Gender Ministry, families that are included as husband and wife, brother and sister and concentration of members of one region," he said.

He further said as Human Rights Defenders they are very privileged to have been invited by the President and will take that as a platform to relate people's concern about new cabinet.

Tembo added he is hopeful they have a listening President who will take into consideration concerns raised and that at the end of today they expect the concerns will be addressed.

"Those people who express their concerns about this new cabinet are the Malawians, experts, lawyers and other member of the Tonse Alliance," he said.

Malawi's Fresh Presidential Election: The end is nigh

The conclusion of the Malawi's fresh presidential election is nigh as the Malawi Electoral Commission has released 88 percent of the results from 24 of Malawi's 28 districts.

With the addition of results from Dedza, Mchinji, Ntcheu, Kasungu and Karonga Malawi Congress Party president Lazarous Chakwera has consolidated his lead to 2,434,138 way ahead of Democratic Progressive Party candidate Peter Mutharika's 1,435,473 while Peter Kuwani of Mbakuwaku Movement for Development has 28,473.

The Commission is remaining with results from Chikwawa, Salima, Nkhata Bay and Thyolo.

DPP-UDF officials leave main tally centre

District results of the June 23 elections are still arriving at the main tally centre at College of Medicine in Blantyre.

The latest were from Mangochi and Chikwawa.

The expectation was that political party contestants would verify their seal numbers.

But as we were publishing this post, only Tonse Alliance officials were present at COM as DPP/UTM officials who has been keeping an eye on the situation had all left.

MCP withdraws case against MEC Commissioners

MCP president Lazurus Chakwera was granted leave to commence judicial review proceedings to review the appointment of Commissioner Nanthuru, Commissioner Duwa. Commissioner Mathanga and Commissioner Kunje.

But the Malawi Electoral Commission says it has been informed that the matter has been withdrawn.

"The Commission has felt compelled to inform you about this development, because, it arose in one of the questions from the press," said MEC chairperson justice Chifundo Kachale

MEC dismisses Kuwani's complaint

The Malawi Electoral Commission has dismissed a complaint from Malawi's fresh presidential election candidate Peter Kuwani in which he was seeking the nullification of the candidature of his two fellow contestants.

Kuwani wanted MEC to nullify the candidature of Democratic Progressive Party president Peter Mutharika and Malawi Congress Party president Lazarous Chakwera for featuring running mates different from the ones they had in the 2019 election.

The MMD president argued that the two political parties did not adhere to the Malawi Supreme Court of Appeal (MSCA) ruling that stated that political parties whose rights were injured by the Conduct of the Commission were the ones to contest.

“Basing on the fact, point of law and MSCA consequential directions and recommendations on candidates, MEC should nullify the candidature for Dr Lazarous Chakwera and Professor Arthur Peter Mutharika for being reconstituted.

“It is apparent that  MSCA consequential directions and recommendations as regards to candidates should be in tandem to consequential directions and recommendations on voters’ roll,” says the letter signed by its President Kuwani.

He went on to argue that if indeed Chakwera and Mutharika won the elections, because they had winning teams, why are they changing their running mates.

“Unless legally proven or directed otherwise, Peter Sinosi, Driver Kuwani is the sole candidate who fully adopted the MSCA consequential directions and recommendations for the presidential election," he claimed.

But in its determination on the matter, MEC argued that Kuwani has failed to justify his claim.

It said: "The Commission has come up with its determination on the matter which has been transmitted to the complainant. Briefly the Commision has found that Mr.Kuwani has failed to make a valid claim to justify the nullification of the candidature of Professor Arthur Peter Mutharika and Dr. Lazarus Chakera. Therefore, Mr. Kuwani’sc complaint has been dismissed."

Defense force to shoot on site anyone trailing voter results cars

Malawi Defense Force General Namathanga, reiterated the mandate of MDF is to ensure election is conducted is peaceful, secure and stakeholders to refrain from any action jeorpidizing the process.

He said they will not allow anyone to block escorting officers to tally centres saying MDF officers are armed and will use any measure as thwart off who ever they seem an adversely.

"We will jealousy guard peoples votes. Will take measures to deter all those with ill intentions," he said.

No breaking of security measure at national tally centre. No political interference. 

MEC press briefing: Security

Deputy Police Commissioner Noel Kayira said the police wants to give hope and trust giving an update on issues of vigilantes, disorder and criminal acts that have been happening

For the past 12 hours registered issues but in general situation peaceful. No issues of intimidation to voters, MEC stuff and material.

Security entity respondend quickly, with utmost seriousness they deserve, flow of information overwhelming, all allegations being treated wholly and information will be made public. Asked for more information to trickle in.

They continue ready and vigilant in civil disorder. Robust and great coordination among the organs.

Vigilantes remain issue of concerns, people taking law into their own hand, sometimes abuse their power.

Request the leaders to responsible organs. Mob justice makes people lose out on information.

MEC press briefing take aways

MEC Commissioner Dr Kachale said election voting has been generally peaceful with some unfortunate incidents but did not disturb the process.

Commission restrained itself from commenting on social media rumours but only shed light on news by Zodiak reported of Dedza woman failure to vote.

Kachale said Fatima Kafwafwa at Dedza South changed to F20 and investigations show this was true that she possibly voted in 2019.

Incorrect to say MEC changed, in preparation the voter in question went to register again. Not required to register twice but only needed a Tseries.

Sympathizes with thensaid electorate and asks people to pay full attention to their messagea. F20 is not part of the process.

Results counting has started. Gas lamps provided for lighting. Elections are an emotional issues and mistakes inevitable.

10 lawyers brought together under MEC counsel and other from Ministry of Justice in registering and submitting to the Commission.

Determination to be communicated to the public. Illegality claims will be taken including necessary action and effects of the Illegularities. Each polling station has a complaints book.

Compalinants to provide full details of the incidents and proof. Twitter, Facebook and Whatsapp or direct messaging Commissioners outed as official complaints lines.

Wants credible and transparent election and leaders should refrain from uttering statements that may upset the rallying of results.

UTM party bus burnt in Thyolo

Director of Security for alliance partner UTM Mr Lewis Ngalande said the party representatives were attacked by gang of unknown criminals and a minibus he was operating burnt.

Ngalande is reported to have sent a group of UTM youth members to verify availability of parties monitors around thyolo polling centers.

The members moving around in a hired Toyota hiace minibus white in colour Reg number RU 7949 driven by Christopher Emanuel age. 27 vge. Chanthunya T/A. Nsamala D.Balaka.

At around 0020 hours they were travelling from Luchenza heading Thyolo where they said they booked a rest house and upon passing by Kamponji Estate they were overtaken by 2 unregistered land cruisers that stopped infront of there vehicle.

Then unknown criminals who were almost 15 in number armed with panga knives jumped from it and started unlawfully wounded some of the members which include the driver who was wounded on the forehead head and have a deep cut.

Austin Muthanje, Andrew Ngwangwa, Patrick Naluso sustained minor injuries.

In the process the criminals robbed Ngwangwa off his two ITEL cellphones and K20000 cash from his pocket they also set ablaze there minibus.

Tallying for fresh elections goes into the night

By Vyalema Kaluluma

Tallying for the presidential election result for Mzimba and Mzuzu has started at 
Mzimba District Tally Centre at Mnjiri CDSS.

There are 563 centres in total.
Here are some of the results thus far:

Kasuku Primary School
Chakwera 312
Kuwani 6
Mutharika 13

Kaulira Nursery School
Chakwera 197
Kuwani 2
Mutharika 6

Kabuku Primary School
Chakwera 308
Kuwani 4
Mutharika 18

Kapusu Centre 
Chakwera 183
Kuwani 2
Mutharika 10

Kasuluwe primary school
Chakwera 213
Kuwani 3
Mutharika 24

Numbers of voters dwindle at polling centres

Mzuzu Stadium Poling station is almost dry at the time of the visit at around 2 pm.

According to the Presiding officer, Chimwemwe Kanyinji, over half of the registered voters 2,299 have voted.

"We are hoping that the remaining voters will come in the afternoon before the closing time," says Kanyinji.

The center opened 10 minutes late after some party representatives delayed to report for duties.

Meanwhile, Goefrey Chipeta, 20, has expressed his happiness for taking part in the presidential election after last year's presidential election were nullified for irregularities.

"I am very happy that I have had another chance to vote for a leader who will address our challenges that includes scarcity of jobs," says Chipeta.

DPP distances itself from reps with voter material

Democratic Progressive Party (DPP) has distanced itself from its representatives being found with voter material. 

One of its monitors, Mary Banda has been arrested in Mbalachanda, Mzimba was found with six national registration cards and voter registration certificates. 

Nicholas Dausi, the party's spokesperson said they have no clue how and why she had those in her possession.

Dausi explained they do not know the motive behind Banda having those materials.

He referred the media to Police as they are the ones investigating the matter.

Live: 7 DPP reps allegedly found with pre marked ballot papers

Reports suggest 7 Democratic Progressive Party (DPP) representatives were found in possession of pre-marked ballots and the issues is being investigated by Police.

In Nkhotakota and Salima were arrested in relation to election misconduct on allegations of trying to disrupt voting process.

All across Malawi polling started at 6,0clock apart from places like Mzimba Hora and Chichiri Prison and which started at 9:30.

87 percent of polling stations saw long ques apon opening of voting.

Citizens continue to campaign especially on social media.

96 percent of party representatives are conducting their duties.

Live: Habitat polling centre voting underway

Habitat polling center in Mangochi central constituency is also registering good number of voters.

3,886 people are expected to cast their votes.

#FPE2020 #MalawiDecides2020 #MalawiKuvotanso

Live: Mangochi stars voting on a good note

By Mayamiko Majawa 

Admarc 3 polling center in Mangochi started this morning with good numbers of voters turning up.

The voting process started at 6 am.

According to Polling Officer Felistus Phiri all the materials are readily available though there is the missing of cloud control tape and glue.

"We have started well though there is shortage of some things," she said.

Grounds of appeal too repetitive, argumentative-Supreme Court

The Supreme Court has faulted some of the grounds of appeal presented before it by the second appellants (Malawi Electoral Commission-MEC) in the presidential election appeal case.

Giving his analysis, Chief Justice Andrew Nyirenda said grounds of appeal should not be repetitive but that they noticed that was the case in the appeal by the MEC which presented 137 of them.

“Many of those grounds of appeal are repetitive and argumentative. Some of them are extremely confrontational and they make unwarranted and baseless accusations of bias against the court below.

“Allegations of bias should not be lightly made, especially against a court, we emphasise. Some of the grounds were not just fictious, but clearly unprofessional and distasteful we have found them to be unnecessary numerous convoluted and embarrassing,” said the Chief Justice.

The Supreme Court began by laying ground, referring the court back to the decision of the lower Constitutional Court.

MEC Commissioners want social distance observed, refuse to come in

The stage is set for the Malawi Electoral Commission to receive nominations from presidential candidates.

The ceremony which was supposed to start at 9 am has been delayed by close to an hour

MEC is insisting that they will only come in if the Malawi Congress Party and UTM Party trim their numbers of suppporters to ensure the room has only 100 people seated

Burden of proof is on the Malawi Electoral Commission

Lead lawyer for Malawi Congress Party Modecai Msisha is now presenting the party's defence.

He says the burden of proof is on the Malawi Commission.

“The burden is proof on the Commission to explain how it has accounted for its management of the elections. It should not quibble about it. It should not be subjected to disclosure orders.

It only happens because the Commission behaves like a primary party. MEC has the statutory and constitutional responsibility to be transparent about its process," he argues.

ConCourt did not err on 50+1

Lawyer for Saulos Chilima, Chikosa Silungwe further argues that there was no competent appeal, explaining that the first appellant flouted some procedures in making their application.

Silungwe further points out that the court below properly applied the rule of precedence, they did not err.

"The point was properly open for consideration.

"Majority can not mean greater than. It means 50+1," he says.