Re: [wanabidii] Re: MALAWI ELECTIONS 2014 - UCHAGUZI MKUU WA MALAWI 2014

Legal expert opinion by Bright Theu, legal expert at African Commission on Human and Peoples Rights in The Gambia.

MEC has power to undertake vote recount

There is a notion which as I gather has been endorsed by the High Court to the effect that the Malawi Electoral Commission (MEC) has no power/mandate/competence to order and undertake a "recount of the votes". Below I advance the view that this notion is wholly misinformed; based on a deliberate circumvention of clear legal provisions and trite principles of interpretation; based on faulty reasoning; and probably induced by personal interest in the outcome of the issue the nation is contending with.

I argue for the position that MEC has every mandate to "determine" the outcome of an election and to use all appropriate methods available at its disposal for that purpose. I am open to contrary views that are informed by sound reasoning and proper application of the relevant principles that bear on the issues, in the spirit of an organised dialogue and not aimless bubbling.

Theu: MEC has the mandate to undertake vote recount

Theu: MEC has the mandate to undertake vote recount
To begin with, MEC is established under section 75 of the Constitution, the supreme law of the land. The duties, powers and functions of MEC are stipulated mainly under the Constitution (Constn), the Electoral Commission Act (ECA), and the Parliamentary and Presidential Elections Act (PPEA). Among the duties, powers and functions of MEC, section 8(1)(m) of ECA empowers MEC to "TO TAKE MEASURES AND TO DO SUCH OTHER THINGS AS ARE NECESSARY FOR CONDUCTING FREE AND FAIR ELECTIONS."

Further, section 76(2)(c) of the Constitution sanctions that MEC shall, among other duties and functions, "DETERMINE ELECTORAL PETITIONS AND COMPLAINTS RELATED TO THE CONDUCT OF ANY ELECTIONS" (s.76(2)(c), Constn). The critical term "determine" which articulates the duty and the attendant power of MEC is not defined in the Constitution. In fact it need not be defined because it is a well-known term which simply means decide, rule, judge, issue a verdict on any issue submitted to a competent body for that purpose.
In other words, to determine is to examine or assess an issue or a complaint in terms of the evidence presented and the applicable law with a view to deriving the conclusion as to whether the complaint is valid or not. Where the complaint is found to be invalid, the natural result is that is it dismissed. Where on the other hand the complaint is determined to be valid, naturally and logically an effective remedial measure is taken or issued and this forms part of the determination.

Accordingly, to the extent that MEC has the duty and function of "determining" electoral petitions and complaints, it is perfectly competent to decide whether any complaint it has received is valid and if so it has the attendant power to take or issue an effective remedial measure. For purposes of an election (MEC's business) an effective remedial measure is one that ensures that the result of an election is credible in the sense that all irregularities that would adulterate and impair the validity of the outcome of the election are removed or mitigated to a level that they are insignificant to the outcome.

The idea is to make sure as much as possible that the result of the election is nothing but the people's choice. This is the only way of ensuring that the authority to govern Malawi is validly entrusted, and not fraudulently assumed by any individual or group of individuals – and this is the higher constitutional value that any process and any measure taken by MEC seeks or must seek to achieve.
Indeed the process of "determining" electoral petitions and complaints must uphold that higher value, without which we risk being governed by a group of individuals who purport to acquire the mandate to govern by fraud!

From the above, it should be beyond rational contention that MEC has the duty and function to "determine electoral petitions and complaints"(s.76(2)(c), Constn) which includes the attendant power to take effective remedial measures (s.8(1)(m), ECA) where a given complaint is determined to be valid and of such gravity as to affect the validity of the outcome.

Whether "recounting the votes" is among the range of effective remedial measures MEC can take is the second point I address, since it is this particular measure that some people deny MEC the competence to opt for, a denial the Court has erroneously endorsed!

Trite principle of justice would have it that where there is a wrong there must be some measure adopted to right the wrong.

In more exact terms, we say where there is a wrong there must be a remedy. It is a principle that commands judicial authority. No civilised mind would raise any serious contention against that principle. In the case of electoral complaints which have been determined to be valid and of sufficient gravity as to adulterate and impair the validity of the outcome of the election, the remedial measure must seek to remove that impairment, or mitigate it to an insignificant size.

An electoral outcome is impaired or adulterated if it results from a combination of circumstances which defeat the people's true choice (se "A") by instead fraudulently making choice "B" appear as the people's choice. The remedial measure will be effective if it is capable of expunging all factors that contribute to the masking of any candidate (e.g. "B") as the people's choice.

The means or necessary measures of expunging or mitigating irregularities are neither expressly stipulated nor limited under the laws that govern MEC's mandate. Indeed there is no provision which restricts the measures that MEC can adopt to remedy an irregularity.

Rather and interestingly, section 113 of the PPEA simply and broadly states that "any complaint submitted in writing alleging any irregularity at any stage, if not satisfactorily resolved at a lower level of authority, shall be examined and decided on by the Commission and WHERE THE IRREGULARITY IS CONFIRMED THE COMMISSION SHALL TAKE NECESSARY ACTION TO CORRECT THE IRREGULARITY AND THE EFFECTS THEREOF." This is important to note because it entails that MEC has fairly wide latitude to determine and adopt the appropriate and effective measure where it finds a given complaint or petition to be valid and of significant proportion.

On this point, I gather that those who advance the view that MEC has no competence to order and undertake a recount draw that conclusion from section 114(4) of the PPEA. Section 114 deals with appeals against determinations of MEC on electoral petitions and complaints. The determination against which an appeal can be lodged to the High Court are those mandated under, among others, section 76(2)(c) of the Constitution and section 113 of the PPEA (quoted immediately above).

For purposes of reviewing the determinations of MEC, section 114(1) states that "an appeal shall lie to the High Court against a decision of [MEC] confirming or rejecting the existence of an irregularity At s.114(4), the PPEA MERELY provides that "the High Court shall have power to direct scrutiny and RECOUNTING of votes if it is satisfied, during proceedings on an election petition, that such scrutiny and recount are desirable."

There are a few points to note on s.114(4) of the PPEA. Firstly, it does not exclusively arrogate to the High Court the power to direct a RECOUNT or scrutiny. Secondly, it should not take someone reading volumes on process philosophy to figure that the High Court's power procedurally only comes into play on review of determinations of MEC.

MEC would have to make its own determinations first and it is these determinations that would be reviewed by the High Court upon which the High Court may then direct a RECOUNT, as one of the possible remedial measures which the Court may find desirable.

I repeat, there is nothing in s114(4) of PPEA that exclusively arrogates to the High Court the power to direct a recount, a thing the High Court can only do upon a review of the determination of MEC. Put differently, there is nothing in s114(4) of PPEA prohibiting MEC or limiting MEC's wide latitude to TAKE NECESSARY ACTION TO CORRECT THE IRREGULARITY AND THE EFFECTS THEREOF (s.113, PPEA).

How the Court can find that MEC has no mandate to adopt as a necessary measure the recount of the votes or such other measures of scrutiny to correct the irregularities it confirms is unclear. For the Court to come to such a conclusion, it would have to deliberately ignore the above quoted provisions and deliberately stretch s114(4) of the PPEA to mean and only mean that it (the High Court) has the mandate to order a recount.

Even at the risk of an overkill, section 114(4) of PPEA does not restrict MEC's power to take necessary action to correct irregularities and the effects thereof! Procedurally, what the Court can do under s114(4) of the PPEA only follows after what MEC will have done under s.113 of the PPEA among other provisions. 
I wish to conclude by saying that in tackling the issues that beset us as a nation regarding the election, we must seek to uphold the profound principle that the authority to government Malawi must validly derive from the people of Malawi and genuinely vest in a group of individuals who are the peoples' choice determined by real votes cast in favour such individuals and not by some fraudulent means that mask given candidates as the people's choice. That is the higher constitutional value that we must seek to uphold.

With a mind that is clogged with immediate personal interests, it is not possible to perceive and conceive that higher constitutional value and seek to uphold it. So what informed the Court's decision that MEC has no power to adopt a recount as a measure for correcting irregularities that it has confirmed to be valid and substantial? Let people of good conscience decide for themselves.

• Bright Theu is former Malawi Law Society (MLS) secretary general and a private practicing lawyer

On Wednesday, May 28, 2014 10:35:07 PM UTC-7, Charles Banda wrote:

STATE HOUSE PRESS RELEASE ON ELECTIONS

THE STATE OF 2014 TRIPARTITE ELECTIONS IN MALAWI AS OF TUESDAY 27TH MAY 2014

.
Tel. +265 (0) 1776 181
STATE HOUSE
P.O. BOX 807
CAPITAL CITY
LILONGWE 3
THE STATE OF 2014 TRIPARTITE ELECTIONS IN MALAWI
AS OF TUESDAY 27TH MAY 2014
Political developments in the past few days have been challenging to
Malawians and have put to test the country's democracy and governance
institutions. These developments, however, have to be put into context.
Her Excellency Dr Joyce Banda has always been committed to issues of
democracy, good governance and transparent Government since her
accession to the Presidency on 7th April 2012. The President pursued an
inclusive, open and participatory Government that respected the
Constitution and the rule of law. The same spirit has been demonstrated in
the run-up to the elections, when she levelled the political playing field to all
political parties. The President and her Government has managed to heal
the country from previous tension and divisions; recovered the economy
from near collapse and laid strong foundation for sustainable growth.
The President opened up the public broadcaster, Malawi Broadcasting
Corporation (MBC) to all political players; she did not use the state
machinery at her disposal to block, interfere, threaten or ban political
activities of all contesting parties as has been the trend since 1994.
2 | P a g e
Malawians ought to remember that previous administrations used District
Commissioners and Police to achieve these unacceptable acts.
Even though some opposition parties instigated political violence in some
instances, Her Excellency Dr Joyce Banda always urged her supporters to
remain calm and refrain from violence. As a matter of ensuring that the
Tripartite Elections were credible, she consulted all major political
stakeholders in constituting the Malawi Electoral Commission. Indeed, the
Electoral Commission is inclusive of all major political parties that were
represented in Parliament.
During her two-year tenure of office, Dr Joyce Banda ensured that Malawi
should be and it really is among the most media friendly countries in Africa
where freedom of expression is not suppressed. Reputable international
commentators have named Malawi as the most media friendly country in
Africa.
Prior to the polling date, some opposition elements and some ill-willed
commentators propagated in the media that Her Excellency Dr Joyce
Banda and her People's Party (PP) were planning to rig the elections.
However, in a meeting with the Faith Community Leaders, Her Excellency
emphasized that neither PP nor her government had any intention to rig the
elections. However, those propagating this were in fact trying to drive
people's attention away from their own evil intentions to rig the elections by
creating a false impression that the ruling party was planning to rig the
elections.
3 | P a g e
Under Her Excellency's leadership, the country experienced peaceful
voting though with some instances where polling materials were not
delivered on time or inadequate. In other cases, wrong materials were
delivered. This led to some isolated cases of violence in some parts of
Blantyre and Lilongwe, for example, which in turn led to voting being
extended to next two days.
Notwithstanding that voting was continuing for the next two days in some
polling centres, the media accredited by Malawi Electoral Commission
(MEC) continued to announce the unofficial results while voting was still
progressing in the said affected areas. Although many stakeholders
demanded that official broadcasters stop announcing the unofficial results
while voting was still on-going, announcements continued nevertheless.
There have been reports that some monitors in some polling centres were
chased by police and MEC officials, mainly teachers and police officers,
even before sealing of ballot papers while in other cases a systematic
pattern was emerging that polling staff were influencing voters to vote for
certain candidates. These polling officers, mainly teachers and police
officers, have now been exposed some of whom have confessed that they
were induced with monetary rewards by a certain Presidential candidate.
With the foregoing in mind, it was not surprising when revelations of serious
irregularities started emerging; these irregularities had mostly four (4)
patterns.
4 | P a g e
1) Tallies from some constituencies were deliberately altered where
figures were inflated to favour certain candidates as in Machinga
North East where 38,778 registered voters were recorded while the
tally was purposely inflated to purport that 184,223 had voted,
figures inflated in favour of a particular candidate; (evidence
available);
2) Tallies from polling centres where figures were deliberately erased,
tippexed, configured and accordingly adjusted to favour certain
candidates, (evidence available);
3) Purported locally printed ballot papers without security features were
pre-marked for a certain candidate and staffed in washing baskets,
plastic pails and cartons and were ferried to polling centres while
monitors were financially induced by polling officers to leave the
polling centres while counting progressed. Most of these tallies were
not signed and counter-signed by the monitors as required,
(evidence available);
4) Some Presiding Officers from one polling centre signed for three
different polling centres and in all cases, the figures for a certain
candidate were almost the same.
As these challenges were becoming apparent, it was learnt that the
Information Management System designed to manage elections results
was hacked into and crushed. The election stakeholders started raising
alarm and the following were raised;
a) That announcing of the unofficial results be discontinued,
5 | P a g e
b) That the Electoral Commission embarks on manual counting and
verification to address the irregularities as presented by electoral
stakeholders.
To add to these voices, Her Excellency the President called upon Malawi
Electoral Commission to recount the votes and address the irregularities
that had been registered by the stakeholders.
The Malawi Electoral Commission Chairman rudely responded to these
calls as "Cries of losers" and disregarded all the complaints as raised by
political parties and other electoral stakeholders. Soon thereafter, wide
revelations of rampant and serious irregularities in the electoral process
started flooding the public domain. It then became public knowledge that
indeed the electoral process had been defrauded. Despite this public outcry
and threats of violence from some political parties, the Malawi Electoral
Commission Chairperson was intransigent, insensitive and non-responsive
to the unfolding events. At this time, it became apparent that the Malawi
Electoral Commission had lost control of their own process; were not able
to provide leadership in announcement of results and had lost control of
election data notwithstanding that accredited media were still announcing
the unofficial results and that tension was brewing in the country.
At this point, Electoral Stakeholders including some Presidential candidates
approached the President, Her Excellency Dr Joyce Banda to rise above
politics and provide direction for the country. Hence, Her Excellency the
President issued a Presidential Proclamation on Saturday 24th May 2014,
6 | P a g e
four days after voting to nullify the electoral process due to serious
irregularities that had emerged and the State President determined that
fresh elections be held in 90 days. Her Excellency The State President
used the powers vested in her, under Section 88 (2) to provide Executive
Direction in the interest of national unity and security.
The immediate reaction to this proclamation by certain sectors of the
society who felt were going to benefit from the serious electoral
irregularities was negative.
However, four hours after the proclamation, the Malawi Electoral
Commission came public to address the nation admitting that the electoral
process could indeed not be relied upon, and the electoral data could was
not trustworthy and therefore could not provide a credible platform for
announcement of results.
Secondly, the Commission requested the nation to give them an allowance
of 30 days to physically verify the ballot papers and conduct the recount of
the votes to remedy the many irregularities the Commission had come
across. This admission by the Commission vindicated the Presidential
Proclamation that had just been issued and further comforted the public as
it was now evident that the Commission had started listening and acting in
the national interest.
In a similar show of support, one of the broadcasting houses that was
accredited to announce the election results, Zodiak Broadcasting Station
7 | P a g e
(ZBS), five hours after the proclamation, went public retracting that the
electoral results they were announcing were unverified, could not be relied
upon hence should be disregarded.
It became evident that the Presidential Proclamation had calmed the
citizens and it brought hope of a peaceful and credible resolution to the
irregularities of the electoral process.
Despite the public excitement that this development brought to the nation,
the Democratic Progressive Party (DPP) and their network obtained three
injunctions restraining Malawi Electoral Commission from proceeding with
the recounting and verification exercise. Malawi Electoral Commission and
Malawi Law Society also obtained injunctions against the President's
Proclamation. These many injunctions brought confusion to the direction of
the whole electoral process and demonstrated that the credibility of the
electoral process had been destroyed leaving the expectations of
Malawians heavily eroded.
After extensive public debate and Stakeholders' consultations, Malawi
Electoral Commission announced to the nation on 26th May 2014 that they
are convinced that the data available could be relied upon and therefore
will not announce the results of the elections until a full recount and
verification had been done; they further announced that they will take 30
days to carry out this exercise. This announcement by the Commission
brought comfort and relief to the Malawi populace that the call by Her
Excellency The President Dr Joyce Banda was now being heeded to.
8 | P a g e
Despite this new welcoming decision by Malawi Electoral Commission,
Democratic Progressive Party (DPP) is still bent on frustrating this
development which has been thoroughly discussed and agreed upon by
Election Stakeholders and welcomed by the whole nation. The question in
the people's minds is why is the DPP still refusing the welcome
development accepted by all stakeholders? If indeed the DPP has won
legitimately, why not wait for the audit process to finish so that they form
the next government on a clean sheet?
Reference can be made to several commentaries and expert opinion some of
which are attached.
ISSUED BY
STATE HOUSE PRESS OFFICE
KAMUZU PALACE, LILONGWE
27TH MAY 2014

On Wednesday, May 28, 2014 10:32:26 PM UTC-7, Charles Banda wrote:

PRESS STATEMENT
28 May 2014

Ladies and Gentlemen,

On behalf of the Malawi Electoral Commission I am here to report on developments and progress in the Tallying of the election results. 
The law requires the Commission to announce its determination of the national election results within 8 days from the last day of polling. 
As you will recall, our last day of polling was on Thursday, 22 May. Therefore the Commission has a legal duty to announce the results not later than Friday, 30 May, 2014. 
The law allows the Commission to announce the results within 48 hours after collecting all relevant information. 
This 48 hours is provided to allow the Commission to attempt to resolve any complaints that have been lodged. As of this afternoon the Commission has registered 287 complaints of which it has processed 188.

Ladies and Gentlemen,

I can now report to the Nation that the Commission has received and tallied all of the results for the Presidential election at the National Tally Centre. 
As such, the 48 hour countdown has started and the Commission will announce the determination of official results for these elections on Friday, 30 May.
The Commission will utilize the remaining two days to finalize and resolve the complaints it has received for the Presidential, Parliamentary and Local Council Elections. 
If all complaints cannot be resolved within the remaining time, candidates will still be able to take up any concern via a petition to the High Court, within seven days of the announcement of the results, as the law provides for.
The Commission has also continued with the verification of the results. We are working diligently to identify any irregularities. This includes the 58 polling centers where the number of valid votes reported to have been cast have exceeded the number of registered voters.
These issues will be commented on in our report to the Nation on the announcement of the determination of results.

Ladies and Gentlemen,

We are all aware of the legal controversy that has surrounded the possibility of the Commission conducting a recount. 
At this stage we await clarity from the Courts on this issue, as they seek to resolve the injunctions and counter-injunctions being lodged.
On this issue, the Commission has met with many of the stakeholders in the electoral process. In the past few days we have met with the Secretaries-General of the political parties, PAC – the Public Affairs Committee – Civil Society Organizations, and election observer groups.
To all of these groups I must extend my sincere gratitude for their commitment and support to the Commission as we have all wrestled with these issues. Our advice to these stakeholders is that it is not feasible for the Commission to conduct a full recount within the period available to it, and if it were possible, a Court order would be required to extend the period for announcement of results.
Malawians are a law abiding people. We are known as the warm heart of Africa. The commitment of all Presidential candidates through the Lilongwe Peace Declaration confirms these sentiments.
The Commission is preparing to announce its determination of the results of these elections on Friday, 30 May, or as the Court may direct.

Thank you.

On Wednesday, May 28, 2014 8:50:33 AM UTC-7, Charles Banda wrote:

CALL FOR PROFESSIONALISM IN COVERAGE OF THE ELECTIONS

Wednesday, May 28, 2014
For immediate release
The Media Institute of Southern Africa (MISA) Malawi Chapter, the Media Council of Malawi (MCM) and the Malawi Editors Forum (MAEF) having met in Blantyre on 28th May 2014 and deliberated on the way the media has covered the electoral process so far, and having considered the current impasse, would like to appeal to all journalists and media outlets in the country to uphold professionalism and avoid being used as tools for promoting partisan interests.
The meeting observed that the media strived to respect the Media Code of Conduct which was developed and signed by all media bodies, media houses and other electoral stakeholders during the campaign period.
Nonetheless, we would like to remind all journalists and media houses to avoid the following:
1. Taking partisan positions
2. Sensational reporting
3. Mixing facts with opinion 
4. Cheque book journalism
We do not condone professional misconduct and parroting of lies and half-baked stories and believe that we have a critical role to play to accurately inform Malawians without fear or favor.
It is important to note that in any democracy, free speech is paramount and affords the citizenry, including the media, a chance to debate and shape public opinion. But overzealous reporting on the part of the media will not help the nation.
We would therefore like to appeal to all journalists and media houses to remain vigilant and professional in their coverage of the elections.
We would also like to appeal to all Malawians to remain calm and peaceful and support the Malawi Electoral Commission (MEC) to undertake its task without any undue interference. 
Signed
Anthony Kasunda, MISA Malawi Chairperson
Prof. Wiseman Chijere Chirwa, Media Council of Malawi
Cliff Kawanga, Malawi Editors Forum

On Tuesday, May 27, 2014 8:43:07 AM UTC-7, Charles Banda wrote:

 MEDIA APPEAL FOR SUPPORT FOR MEC ON THE 2014 TRIPARTITE ELECTIONS

Blantyre, 2th May 204

PRESS RELEASE

We, the representatives of the Association of Malawi Media Owners, AMMO; the Media Council of Malawi, MCM; and the Malawi chapter of the Media Institute of Southern Africa, MISA wish to appeal to all stakeholders to support the Malawi Electoral Commission, MEC, in its current efforts, as mandated by law, to resolve the challenges emanating from the Tripartite Elections.

We wish to support a process that is clear and that is aimed at avoiding failed elections because of huge consequences that would arise from such a failure.

We recognise the challenges that have confronted the Commission. We also recognise that MEC is legally mandated to manage the elections process without undue interference. We therefore appeal to all players to give the Commission space to carry out its mandate as required by law. 

If a national re-count of ballots is one way of resolving the issues that have come before the Commission, we urge all stakeholders to act diligently, responsibly and professionally. In the event that this does not provide the solution, then a political solution should be seriously considered. 

We appeal for calm and patience from all stakeholders including journalists and media houses for the electoral process to be fully respected and be given an opportunity to run its full course.

Signed:

A.S. Osman

Acting Publicity Secretary
AMMO Secretariat
BLANTYRE

Mobile: 0999960277

On Tuesday, May 27, 2014 10:05:54 AM UTC+3, Charles Banda wrote:

MCP stay order: ORDER STAYING EXECUTION OF THE ORDER STAYING EXECUTION OF AN ORDER STAYING THE DECISION OF THE RESPONDENT TO STOP THE PUBLICATION OF THE DETERMINATION OF THE NATIONAL RESULT FOR THE PRESIDENTIAL ELECTION OF MAY 2014

UPON READING the Affidavit of the Interested Party /Intervenor;
AND UPON hearing Counsel for the Interested Party /Intervenor;
IT IS HEREBY ORDERED' and DIRECTED that Dr Lazarus Chakwera be added as a Party to the application for Judicial Review.

THE COURT NOTING THAT Section 76(4) of the Malawi Constitution is clear and states that the Electoral Commission shall exercise its powers, functions and duties independently of any direction or interference-by other authority or any person THE COURT OBSERVED THAT the Electoral Commission in consultation with political parties concerned having decided to conduct a
physical check or audit of the results the courts cannot decide otherwise as such conduct is deemed to be telling 'Electoral Commission how it, should proceed with its work.

IT IS THUS HEREBY ORDERED AND DIRECTED that the Order dated 25th May 2014 staying the enforcement of the decision of the Electoral Commission to stop the publication of the determination of the national result for the Presidential election of May 2014 pending the recount of all ballot papers for the Presidential vote for the entire country BE AND IS HEREBY .STAYED until the determination of the inter-partes Summons .to Discharge the Stay to be filed
within 48 hours.

THE COURT FURTHER NOTED THAT considering that there are now several court cases relating to the May 2014 Elections IT IS RECOMMENDED that the Registrar should consolidated all matters pertaining to the determination and announcement of 2014 presidential elections.

On Monday, May 26, 2014 4:55:14 AM UTC-7, Charles Banda wrote:

The High Court in Lilongwe has vacated an injunction that Democratic Progressive Party through their Lawyer Kalekeni Kaphale obtained yesterday stopping the Malawi Electoral Commission from re-counting the votes

On Sunday, May 25, 2014 11:38:56 PM UTC-7, Charles Banda wrote:

Press Release By the Muslim Supreme Council Of Malawi on Elections

Muslims Supreme council of Malawi is Asking all Malawians to put aside their political or individual interest and support who ever wins the election. Malawi is a peaceful and God fearing nation.

As such we all need a better Malawi,let's hold our peace and let Malawi Electoral Commission to do its Job. If anybody has any complaint,should lodge it through the structure which were put in place.

The supreme council of Malawi therefore strongly condemns acts of some politicians who are trying to sabotage Malawi Electoral Commission to carry out its duties effectively.

Supreme council of Malawi is asking all Malawians to avoid violence and use of words that might provoke violence. God teaches us to be peaceful.

God bless us all as we patiently awaits the election results.

Signed
Imran Katona
Secretary General.

On Monday, May 26, 2014 9:37:29 AM UTC+3, Charles Banda wrote:

BALLOT BOXES WITH BALLOT PAPERS FOR SALE IN LIMBE

As the Malawi Electoral Commission (MEC) is saying the ballot papers in the last Tuesday's election are secure, Malawi Voice has captured these ballot boxes in Limbe orphaned and insecure MPAKANA MA VENDOR KUSANDUSA MIPANDO, then you should recount these how sure are you that they haven't been tampered with? That's why DPP is saying BIG NO to recounting.


"At one incident, Malawi Voice captured an open Mitsubishi truck, belonging to Statehouse, but code numbered TPE 362 ferrying the boxes from Mitundu. As of now, the open truck has been parked at MEC Warehouse near MBC/TVM Lilongwe office and it is carrying 24boxes awaiting to offload in the morning...And around 7:30pm, a landcruiser TPE 1160 has also brought 15boxes still in the car as we are talking awaiting to offload in the morning.


On Sunday, May 25, 2014 10:33:33 PM UTC+3, lesian mollel wrote:

Thats true........the rule of law

On Sunday, May 25, 2014 7:44 PM, Charles Banda <chas...@gmail.com> wrote:

High Court Judge Healey Potani has ruled that MEC has no powers to call for a recount of the votes before initial counting hasn ended. According to the ruling which we have seen only the court has powers to call for a recount of the votes after being satisfied with the grounds or complaints from individuals or parties. 

The ruling asks MEC to go ahead and announce the results and if after announcing there are any queries parties should lodge their complaints with the court.

We will keep you updated.

On Sunday, May 25, 2014 2:25:12 PM UTC+3, Consolata Adam wrote:

Sent from Samsung Mobile

-------- Original message --------
From: 'Reuben Mwandumbya' via Wanabidii <wana...@googlegroups.com>
Date:
To: wana...@googlegroups.com
Subject: Re: [wanabidii] Re: MALAWI ELECTIONS 2014 - UCHAGUZI MKUU WA MALAWI 2014

Comrades;

Pamoja na haya yote,Banda kachelewa kusoma alama za nyakati.

Kwamba apige chini matokeo then the next asishiriki kwa kuwa kaona upepo sio wenyewe ili isipatwe na aibu,inabidi akubali matokeo ndo ustaarabu.

Reuben

---

From: "hosea...@gmail.com" <hosea...@gmail.com>
To: wana...@googlegroups.com
Sent: Sunday, May 25, 2014 1:37 PM
Subject: [wanabidii] Re: MALAWI ELECTIONS 2014 - UCHAGUZI MKUU WA MALAWI 2014

Uchaguzi wa malawi umekuwa somo kwetu,  hawa wezi wa kura sijui wamekodiwa nchi gani! Yaani iadadi ya kura ni nyingi kuliko wamalawi, yaani hatakama wangepiga na watoto wachanga wasingefikia idadi hiyo.

----------
Sent from my Nokia phone

------Original message------
From: Charles Banda <chasbanda@gmail.com>
To: <wanabidii@googlegroups.com>
Date: Sunday, May 25, 2014 12:40:21 AM GMT-0700
Subject: Re: [wanabidii] Re: MALAWI ELECTIONS 2014 - UCHAGUZI MKUU WA MALAWI 2014



GHOST VOTERS MAR MALAWI ELECTION-MACHINGA CONSTITUENCY WITH 38 000
REGISTERED VOTERS OVER 184 000 VOTED, MANGOCHI 39 000 REGISTERED BUT 180
000 VOTED-Sample of polling station certificate

All indications are that Malawians have woken up to a
new reality. The much awaited elections have confirmed
one thing. Fraud and corruption is rampant in Malawi,
the scourge has plunged the elections into bitter feud.
Strange numbers are imaging from the districts. Ghost
voters were put to work to decide who would govern
Malawi for the next five years. This is the country where
the ruling party was squeezed out of the race. The
district with 38,000 registered voters has produced more
than 184,000 votes. Such instances are increasing
thereby casting a reasonable doubt on the credibility of
the poll.
Malawians must be worried. Be worried indeed. If
thieves dribble the nation at the polling stations what
will happen when they are in control of the government
machinery.
Documents are showing serious irregularities. Officers at
the polling stations are saying numbers sent to the
tallying centers are not true. Sums that do not make
sense. Arithmetic that does not exist.
These elections will produce electoral outcome without
credibility. The Government with fake mandate to
govern. Chaos will reign.
We are inclined to agree with PP, MCP and UDF that the
elections are possibly rigged and manual recounting,
tallying will bring back confidence. Something is simply
strange.

On Saturday, May 24, 2014 11:58:10 PM UTC+3, Charles Banda wrote:
>
> The Malawi Electoral Commission (MEC) has nullified all the results it
> announced some days ago and said it will recount again the votes beginning
> Monday next week.
>
> "We have found evidence that in some centers, the number of registered
> voters exceed the number of reported votes. so we will do a manual recount
> which will take almost 30 days," Reverend Chimkwita of MEC said
>
> Kuli JB ko akungosekelera ndithu. She said this but we made fun of her now
> she has the last laugh
>
>
> On Saturday, May 24, 2014 11:53:12 PM UTC+3, Charles Banda wrote:
>>
>> THIS IS WHAT MCP HAS TO SAY ON MAY 20 POLLS!!!
>>
>> 1. We are telling Malawians that Dr. Chakwera is leading in the polls
>> according to figures from legally signed MEC tally sheets
>>
>> 2. As a Party, MCP conducted a thorough recount of all original result
>>

...

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