Malawi: Skc, Chakwera Lawyers Delighted With MEC's Munkhondya's Testimony - 'Witness of Truth'

5 December 2019

Lawyers representing petitioners in the presidential elections nullification petition have expressed delight with the progress made so far in the case after the cross examination of Malawi Electoral Commission (MEC) second witness Henzily Munkhondya, who has been dubbed 'a witness of truth.'

Munkhondya: Witness of truth

Munkhondya, who is the director of electoral services,has had a tough ride trying to defend his stand in a voluminous sworn statement which after some struggles had to give in from pressure and accepted that things were not rossy during the elections tallying and turbulation.

Among other things, he failed to challenge that a total of 1 593 334 valid votes were affected, there were 1 330 486 altered tally sheets, a total of 1 120 104 valid votes were not signed by any person, there were 524 340 tippexed results sheet and there were a total of 188 172 fake or handwritten results sheets which were used.

Even though reluctant, but he also failed to tell the court why computer generated and scanned form 66Cs from the same results had different entries and he couldn't also tell the court why monitors used correctional fluid tippex when the results management system was programed to do the same.

In an interview with Nyasa Times after cross examination Wednesday evening soon after adjournment, one of the lawyers representing first petitioner and UTM Party presidential candidate Saulos Chilima, Khumbo Soko they have managed to extract certain things they wanted to advance.

"What we have advanced has given us enough material that will help us amplify our stand during submissions. We had a witness who has dumped a voluminous amount of document but doesn't appear to understand them," he said.

Soko also said Munkhondia was able to contradict what the petitioners have even with such a voluminous document.

On his part, Msisha describe Munkhondya as a "witness of truth" who at first was not forthcoming with information but later changed his stand.

"At some point, he decided that he speak truthfully, he gave a lot of answers that were not supportive of the theory that MEC has been putting before this court since we started. He has shown before the court that there was complete neglect of responsibility on the part of MEC," said Msisha who observed that at first it was difficult for Munkhondya to give honest answers because he is an employee of the electoral body.

He added that the witness has told the court "a lot of things which are very truthful even though they were damaging to MEC's stand."

He will be re-examined by lawyer Frank Mbeta for first respondent President Peter Mutharika and MEC information technology director Muhabi Chisi will take his turn in the witness stand to give his evidence through simulation.

The court ordered Cjisi's team to set up their equipment for simulation by 8am

In the case where President Peter Mutharika of Democratic Progressive Party, the declared winner, is the first respondent, Chilima and Chakwera are challenging the results of the presidential race citing irregularities, especially in the results management system.

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