Elections Case Adjourned To 3 September
Constitutional court has adjourned the cross examination of second witness in presidential elections case to 3rd September 2019.
The judge has announced this after attorney general who is representing Malawi Electoral Commission in the case cross examined second witness Mirriam Gwalidi for two days.
He said the court will continue hearing the cross examination for 9 days.
Before the adjournment on Friday August 23 2019 Kaphale had cross examined Gwalidi on elections results for some polling centres in Ndirande, Nsanje and Mzimba.
When the cross examination was about to resume constitutional court rejected use of foreign jurisdiction in presidential elections case.
The court rejected after lawyer of first petitioner in the case Marshal Chilenga objected that two lawyers should cross examine one witness.
Chilenga made the objection after attorney general Kalekeni Kaphale who is the lead counsel of 2nd respondent in the case which is Malawi Electoral Commission announced that lawyer Tamanda Chokotho will take over from him to cross examine Gwalidi on supplementary sworn statement.
He cited two cases from English and American laws to back his objection which he made on Thursday afternoon
However, in his ruling lead judge Hilley Potani said foreign jurisdictions are not binding in that court especially this case.
“Only local authorities would have been binding if made by Supreme Court of appeal. The court limits cross examination and re-examination to only two lawyers for each part on strict condition of no repetition of questions,” said Potani
He then declared that all parties had submitted amended filed checklists which the court directed that they must indicate areas not in dispute.
However, Potani said the checklist of 1st respondent does not show parts that have no agreed facts hence the court finds that party not serious.
The court further says “its lawyers do not indicate areas for cross examination hence leaving a lot to be desired therefore rejecting their checklist.”
Thereafter the judge has ordered 1st respondent to file and serve amended checklist by 4 o’clock Monday 26th August 2019.
Potani also ordered first petitioner to file another amended checklist addressing shortfalls.
He added that the 2nd respondent complied with the court in its amended checklist.
The judge said both petitioners reduced number of witnesses which are 2 for 1st petitioner and three for 2nd petitioner while the 1st respondent has 243 witnesses.
Judge Dingiswayo Madise ordered 1st petitioner to provide properly amended checklist by 4 o’clock on Monday 26th August, 2019
Potani announced that the court will make its ruling a later date on an application by 2nd respondent to bring audit report.
During the cross examination about Nsanje police centre Mirriam Gwalidi tried to explain her response but the judge ordered that the explanation will be done during re-examination by her lawyers.
Attorney General Kalekeni Kaphale started cross examining the second witness Gwalidi after lawyers of the first petitioner re-examined first witness Dr Saulos Chilima President of UTM and was presidential candidate of that party re-examined him.
Kaphale and another lawyer Charles Mhango had cross examined Chilima for 8 days from August 8 2019.
Supreme Court of appeal dismissed Kaphale’s application to end the presidential elections case upholding the dismissal by High court.
Trial of the case was scheduled to start on July 29 2019 but lawyers of the respondents who are President Professor Peter Mutharika applied for a 14 day extension but the court granted a five day period.
Chilima and MCP president Dr Lazarus Chakwera applied to High court against results of tripartite elections which were held on August 21 2019 saying were full of irregularities such as use of tippex.
However, the case was merged and referred to constitutional court which consists of seven judges.
