BLANTYRE-(MaraviPost)—In a twist of events, Attorney General Kalekeni Kaphale has withdrawn an application to the High Court which was meant to challenge an injunction obtained by Human Rights Defenders Coalition (HRDC) restraining government from imposing a 21 day lockdown to stem further spread of the coronavirus which causes Coronavirus Disease 2019 (COVID-19).
Kaphale filed the application with the High Court of Malawi, Lilongwe District Registry on Wednesday.
But today 23 April Kaphale has told media that there is no need for wasting time in the court in arguing against the injunction because it is self-evident that the pandemic is out there and is spreading quickly.
“We have carefully considered our position, and no longer desirous to argue any application to vacate the interlocutory injunction or to be heard,” he said.
According to Kaphale, the government has trust in judiciary that they are going to do the right thing based on the prevailing pandemic crisis the country is in right now.
Minister of Health Jappie Mhango announced on 14 April that the Malawi would be on lockdown for 21 days from the midnight of Saturday 18 April to midnight on Friday 8 May in an effort to control further spread of the deadly coronavirus.
Meanwhile, Malawi has 33 cases of covid-19, three deaths and three recoveries.
BLANTYRE-(MaraviPost)—Mzuzu based human rights activist, Charles Kajoloweka, who is also Executive Director of Youth And Society (YAS) can now afford a smile following a suspension of the Supreme Court of Appeal’s decision ordering him to personally pay costs in the Maize-Gate Corruption case.
The Supreme Court of Appeal had ordered Kajoloweka to pay K21 million as costs for a case in which he sued President Peter Mutharika to fire his then Cabinet minister George Chaponda in connection with a controversial 2017 maize import deal.
But Maravi Post has established that the African Court on Human and Peoples’ Rights (ACHPR) has suspended the enforcement of the decision of the Supreme Court of Malawi following an appeal by Kajoloweka and subsequent inter-party hearing at the continental court.
Kajoloweka confirmed of the latest development to Maravi Post on Friday afternoon.
“Yes it’s true. The Supreme Court decision has been suspended,” said Kajoloweka.
The African Court on Human and Peoples’ Rights (ACHPR) is a continental court established by African countries to ensure protection of human and peoples’ rights in Africa. It complements and reinforces the functions of the African Commission on Human and Peoples’ Rights.
The Court was established by virtue of Article 1 of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (the Protocol), which was adopted by Member States of the then Organization of African Unity (OAU) in Ouagadougou, Burkina Faso, in June 1998.
The Protocol came into force on 25 January 2004 after it was ratified by more than 15 countries.
The Court has jurisdiction over all cases and disputes submitted to it concerning the interpretation and application of the African Charter on Human and Peoples’ Rights, the Protocol and any other relevant human rights instrument ratified by the States concerned.
The Court is composed of eleven Judges, nationals of member states of the African Union. The first Judges of the Court were elected in January 2006, in Khartoum, Sudan. They were sworn in before the Assembly of Heads of State and Government of the African Union on 2 July 2006, in Banjul, the Gambia.
The Judges of the Court are elected, after nomination by their respective states, in their individual capacities from among African jurists of proven integrity and of recognized practical, judicial or academic competence and experience in the field of human rights.
Watch out for father of all Bombs in Malawi’s Election case
LILONGWE-(MaraviPost)-I have come to realize why Malawi Attorney General (AG) Kalekeni Kaphale tried very hard to dismiss the evidence tendered by Peter Lackson which shows Malawi Congress Party (MCP) President Lazarus Chakwera won the disputed May 21 presidential poll.
Malawi Electoral Commission (MEC) colluded with Democratic Progressive Party (DPP) to rig the presidential poll.
DPP and MEC did their best to change presidential results on Form 66C.
After releasing the presidential results at 75%, MEC learned President Peter Mutharika had remained with very few votes to secure and that chances very slim for him to win the presidential race. ‘
Then two sides agreed to pool together all the remaining 25% of the presidential results.
Finally, MEC just distributed the vote to create the final position for each candidate.
This explains why MEC Chairperson Justice Jane Ansah refused to release an update of the presidential results at 98%.
This also explains the reasons why MEC has failed to present any credible documents related to elections.
Mec has failed to bring before the court original Form 66C result sheets.
It has also failed to show the court the sheet which Ansah used to declare the winner in the presidential race.
It has also failed to bring the audit report which the AG Kaphale promised to present to the court.
So when Kaphale saw the presidential elections results, he tried to silence Lackson.
But Lackson stood his ground arguing Chakwera won the presidential election. Kaphale could not move Lackson because he had no defense of his arguments since his client (Mec) has not given the court the results of the presidential race.
He is afraid the court can use such data to declare the winner in the presidential election.
When Kaphale asks the petitioners’ witnesses to provide proofs of their opposition to results, he himself has not brought any relevant documents to court.
Even at this juncture Kaphale cannot present any tangible defense to court. He is very much aware of the dangers of releasing such sensitive documents.
Kaphale and Mbeta are mitigating before the judges to reduce the punishments that will be meted on MEC and DPP officials.
They can’t win this case even if Jappie Mhango can call his witch-doctors and allow these witch-doctors to carry all their talismans, they will still lose this case.
Let’s wait and see what is gonna happen when Daudi Suleiman appears before the court as he keeping the Father Of All Bombs
Disclaimer: Views expressed in this article are not necessarily the views of the Publisher or the Editor of Maravi Post
Malawi Electoral Commission (MEC) Chairperson Dr. Jane Ansa
It is difficult to imagine that Dr Jane Ansah, the chairperson of the Malawi Electoral Commission is heartless and cold. It is hard to conceive that this Justice of Appeal whose head the Malawian public is demanding to be presented to it on a platter for allegedly botching up last May’s elections is so callous that she would rather see the country go up in flames rather than resign and save her nation.
The real question that must be pursued is: Why is she seemingly insensitive and uncaring in the face of so much turmoil apparently focused on her?
The answer is a complex one.
To those enjoying the benefits and rewards of the election results she declared, her resignation would apparently signal that she concedes that her management of the elections was incompetent and flawed, and therefore put their own positions at risk. The list of presently high-ranking officials that are where they are because of Ansah’s declaration of Peter Mutharika as the winner of the May elections is long enough to fill this whole column and the columns of my friends Made Musa and Moshoud Pinkus Mbewe.
Chief Director for public sector reforms in the Office of the President and Cabinet (OPC) Seodi White a March in defence of a ‘fellow woman’ Malawi Electoral Commission (MEC) Chairperson Justice Jane Ansah
Thus, to Peter Mutharika, the DPP and its supporters, Jane Ansah must remain firmly where she is come rain or sunshine, hail or highwater. If you think of the Attorney General, Kalekeni Kaphale, for instance, then you realise that he wouldn’t be Attorney General and enjoying the esteem he is currently enjoying if Jane Ansah had not declared Peter Mutharika the Winner, and Mutharika in turn appointed him as Attorney General. In this same vein, think of important positions like Duncan Mwapasa’s Deputy Inspector General of Police, or those cabinet ministers who even now have already started amassing vast amounts of unexplained wealth.
Protesters during a Jane Ansah solidarity march in Blantyre- Photo By Lameck Masina/VOA
There is also another consideration. It is widely believed – although mistakenly so, I submit – that if the demonstrators and the protestors get their wish and Jane’s head is delivered to them, they will be emboldened and set their sights on Peter Mutharika himself. Those postulating this line of thought believe that after the demand to have Jane Ansah resign is met, the next head to be chopped will be that of Peter himself. And of course, that means that once again following my reasoning above, the DPP house of cards will come tumbling down with immense disastrous consequences.
Looked at from this perspective then, one may be justified to argue that the reason Jane Ansah seems to have become deaf and blind ever since her “Madando” elections is not really because she has chosen of her own accord to do so, but that she is at the proverbial gunpoint courtesy of the DPP beneficiaries of the “Tipp-ex” election.
demos against Ansah
There is no way, as far as I can imagine, that in all this post-election fiasco, Dr Ansah would not have communicated to Peter Mutharika and indicated that for the benefit of the nation, she must succumb to popular opinion, resign and quench the fires of public anger currently raging across the country. In my view, this proposal from her ladyship must have been turned down vehemently by DPP shot-callers. She would probably have even been called selfish for suggesting such an action that dignifies only her and exposes the president and the whole cohort of Muhlakho heavyweights and beneficiaries to uncertain fates.
So, there you have it. In spite of strong advice and pleading not only from national commentators but also, I am certain, from family, friends, and I dare say probably even her fellow Supreme court colleagues, Calamity Jane has decided to stay put and play dumb because the President, Muhlakho wa alomwe, and the DPP have said so.
So now to the real question. Should she still resign in defiance of the gun places to her head by the DPP machinery? And could there be some good for the DPP in Calamity Jane’s resignation?
The answer to both questions is YES. Integrity only happens after one cross the line of convenience and the boundaries of safety. For Dr Jane Ansah, this is no longer a question of whether the public is right or wrong in their assertions that she botched up the elections. The issue has long since moved away from that to one of whether or not she cares enough about what is currently happening in the country – the innocents that are being hurt, the property that is being destroyed and the political impasse that is economically crippling the country – to put personal safety and comfort aside, take the path of sacrifice and assist in healing a nation.
Troubled looking Petitioner 1 Saulos Chilima coming out of Court
For the DPP, it’s a question of statesmanship and a demonstration of confidence in their win and their faith that the Rule of law can prevail and justify their claim that their candidate won the election fair and square. Allowing Jane Ansah to resign will not result in further demands for Peter Mutharika to also resign. This is a misconceived belief. Peter Mutharika’s position at the moment, is protected by the rule of Law and the country’s constitution. On the other hand, to let the nation go through the chaos and uncertainty it is going through belies the podium statements and the claims that the election was in fact fair, that the DPP has nothing to fear for its candidate, and that the constitutional court case will vindicate him and affirm that election and that victory.
I believe that Jane Ansah should find the courage to resign because the people that are demonstrating will not stop to demonstrate until this demand is met, and also because the demonstrations and protests will continue to escalate the impasse due to the fact that the government agents that are supposed to handle these matters are all in their positions courtesy of the very president whose legitimacy is being challenged. From the Attorney General, to the Inspector General of police, to Cabinet ministers, all these individuals have a conflict of interest and cannot be unbiased in their approach as they deal with the demonstrations and the unrest that the country is experiencing.
The only thing that can give this country repose and a period of peace- at least up until the elections case is decided by the courts- is for Jane Ansah to do the honorable thing. In the final analysis, the reason she is not resigning is simply cowardice and misplaced loyalty. She doesn’t have the balls to make the tough decision to save this nation.
But resignation here is what separates patriots from puppets. Resignation here will make her the hero, not the villain.
LILONGWE-(MaraviPost)-Contrary to Democratic Progressive Party (DPP) cadets and their masters thinking that little percentage of the evidence provided in the on-going Malawi Presidential Election case is anything to go by.
The blue camp is still being mislead by Attorney General (AG) Kalekeni Kaphale’s line of thinking and counting of evidence not warranting fraud during the May 21 polls.
Kaphale has been dragging this case from start trying to stop the case without any serious reasons.
Now on Monday, after last week failed his plot to drag the court through unrealistic questions to UTM Party President Dr. Saulos Chilima as first petitioner, Kaphale on Monday again flopped again by weighing percentage of evidence to discredit the whole case, but he is making a big mistake.
Kaphale is accepting the availability of intimidation, irregularities and fraudulent but trying to show the court that the percentage of these activities is too small for a re-run.
The Attorney General is not there to prove that the elections were free and fare.
NO, he is there to prove that the irregularities are not worthy a re-run which is a smart move if you know that you won fraudulently ?
Even the Law Professor from Chancellor College has admitted that percentage of irregularities recorded in last ended polls by first Petitioner, Dr Chilima can not affect the whole case.
The Law professor Malumbo Thindwa said UTM and Malawi Congress Party (MCP) has great chances of winning the Presidential case once five Judges stick on justice.
The Law professor in his example said that once a person is caught with 1 stolen Chicken the Judge does not calculate the percentage of total chicken the farmer has, to determine a ruling.
Thindwa further said that once a person caught we a bottle of perfume or 1 packet in a multi-billion Shop is regarded as a thief.
Thindwa has further warned Constitution Court to be careful with Kalekeni Kaphale alleging that he using tactics to delay the Presidential case and consider it as invalid after expiry date of 24 is reached.
Now, those following the court proceeding, understand this clearly;
When all is set, crossexamination means the respondents is given the right to ask questions to the petitioner.
The petitioners lawyer is also asked to ask questions to his client (The petitioner).
This is done for the court to determine whether there is a case for the respondents to answer or not.
Here is the tactic: The respondent lawyer asks questions that persuade the court to determine that there is no case to answer. While the petitioners lawyer ask questions to his/her client to prove to the court that there is a case to be answered by the respondents.
All questions asked by the respondents lawyer are expected to indicate that there is no issue.
However, asking about existence of the law does not mean that there is no case.
Secondly, asking about existence of procedures during an election does not mean that there is no case.
Thirdly, asking about how commissioners are appointed does not mean that there is no case.
Fourthly, asking about the role and rights of monitors does not mean that there is no case.
These questions are very straight forward. The right response is Yes, there are those provisions, Yes there is that law, Yes, that is what is expected.
Let’s wait and see how the case will be proved.
So, Kaphale must trend carefully with his line of thinking and dragging the case for nothing.
Disclaimer: Views expressed in this article are not necessarily the views of the Publisher or the Editor of Maravi Post
LILONGWE-(MaraviPost)-The Constitutional Court on Thursday afternoon threw away Malawi Attorney General (AG)Kalekeni Kaphale application to adjourn the case for another six days that his clients have time to go through case files.
Kaphale who is, representing the Malawi Electoral Commission (MEC) and President Peter Mutharika argued that that Malawi Congress Party (MCP)’s Lazarus Chakwera and UTM Party Saulos Chilima’s lawyers only dropped off files late last night, August 7, 2019.
Kaphale stated that some of the files are poorly packaged without any explanations or narrative.
But the constitution case rejected the application saying the reasons given were not valid as the state lawyers were given enough time to do the exercise.
The judge has given attorney general this weekend instead of the requested 6 days to read and respond to sworn statements by the MCP President.
The AG Kaphale will consequently be required to start responding in court on Monday afternoon,August 12, 2019 .
Therefore, the case continues that it be carried within 12 days starting today.
AG Kaphale has been using several tactics to delay the election case.
Minister of Information Nicholas Dausi on Thursday, dismissed rumours that President Peter Mutharika fired the Finance Minister Dr. Goodall Gondwe, and Attorney-General Kalekeni Kaphale from their positions.
BLANTYRE-(MaraviPost) – Justice Harry Potani of Blantyre High Court has on Tuesday vacated treasonous bail for the main opposition Malawi Congress Party (MCP)’s Members of Parliament (MPs), Jessie Kabwira, Peter Chankhwatha and Ulemu Msungama.
Jessie Kabwila: not to report to police any more
In his ruling Justice Potani told the state that the trio should not
be locked again in a police cell if no new evidence against them is found adding that they can only be summoned saying the accused have demonstrated good conduct in the year they have been on bail.This comes barely a month after Kabwira and Msungama applied for judicial review on the matter questioning Inspector General of Police (IG) and Attorney General’s (AG) decision to arrest them without evidence.This is means that the accused MCP officials will not report to police again as per their bail conditions which the police extended last month for the ninth time to June 30, 2017 pending police’s thorough investigation into the matter.
Gustavo Kaliwo, the lawyer representing the three told The Maravi Post that justice prevailed itself after a year his client were cornered on unfound allegation of treason and seditions charges.
Justice Potani set February 14 for the hearing where the Kabwira and Msungama were challenging the state for keeping of extending bail arguing that the case was not done in good faith.
According to the police bail sheet the three MCP officials are said to be plotting to topple President Peter Mutharika through a WhatsApp conversation on ways to curtail the move.
Since then, the Malawi media has be a washed with different versions on the trio’s real charges as reports indicate that Attorney General (AG) Kalekeni Kaphale and Director of Public Prosecution (DPP) Mary Kachale didn’t not endorse the arrest of the MCP officials but rather it was Minister of Justice and Constitutional Affairs Samuel Tembenu who sanctioned the arrest the move which has cornered the police on how to proceed with the case.
After the arrest of the three, Inspector General of Police (IG) Lexen Kachama through the press conference confessed to the public that the police did not have proper charges for them saying their arrest was a mere warning to what were discussing on WhatsApp
In the 21st century, it is sad and unfortunate that Malawi has attorney general who is against the wind of progress. Just to remind one another, on Thursday youthful activist Charles Kajoloweka together with other Civil Society Organisations obtained injunction asking the court to suspend Minister of Agriculture, Irrigation and Water Development George Chaponda to pave way for smooth investigations on the maizegate scandal.
Maneno Chimula
Typical of Malawi politics, Kalekeni Kaphale has made it clear that discarding the hard earned public respect does not matter as long as you are serving the ruling party. As many Malawians are suffering due to corruption which has taken centre stage in the government departments, Kaphale has chosen to play a good boy to the ruling Democratic Progressive Party (DPP) by challenging the Mzuzu High Court decision to suspend the minister Chaponda who is also the pillar of DPP.
One thing Mr. Kaphale must know is that people are tired with corruption and his action has left most of us with more questions than answers. Corruption is killing our country big time and it has made our country to stick in the mad. Interestingly, curbing it seems to be as simple as catching a broiler chicken, but this mainly depends on the executive, one of the three arms of governemnt. The fact of the matter is that siphoning and plundering of public funds is always initiated by the ruling party, and that’s more reason People’s Party (PP) also had their share in the two years they were in government. Now we have DPP, a party blessed with all characters: crooks, thieves, tricksters, gangsters and of course some innocents though more patience is needed to see them.
With the issue of K26 billion maizegate scandal, the judiciary and the citizens have showed their seriousness to curb the malpractice but the executive which is comprised of the president and cabinet ministers, has made it crystal clear that they are in love with the evil practice. If the government and their attorney general are honest they could support the patriotic citizens’ move.
And now,as Malawians are feeling the pinch of corruption, it is funny to learn that the learned lawyer Kaphale is frustrating efforts of the patriotic citizens who are genuinely concerned with the vice. That is why I say the attorney general’s action is a foolhardy sense of homour. His action is demonstration of archaic politics which has seen Malawi stuck in the Dark Age.
When it was revealed that some cabinet ministers were implicated in the K577 billion cashgate scandal, president Peter Mutharika said he could not implement policy decision based on rumours. With that statement in mind, the citizens tired of the evil practice decided to seek the court of law direction and you are still against it. Your tendency baffles most of us with well flame of mind.
Mr. Kaphale, I shed unfeigned tears when I see people like you taking orders from the above shielding corrupt individuals because that night APM was declared as a winner, I slept like a little baby because I felt that a responsible, incorruptible and courageous leader had finally emerged in Malawi in my lifetime to lead our country out of the precipice.
Mr. Kaphale, corruption is evil, corruption is victimizing innocent ordinary citizens, corruption is making Electricity Supply Corporation of Malawi (ESCOM) ineffective, corruption is what makes civil servants receiving peanuts; corruption has made Malawi to be an evil forest for ordinary Malawians- always in perpetual battle against the evils of leaders.
As a learned lawyer, I hope you would want to leave a good legacy that will stand the test of time. The ball is in your hands.
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