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Principal Registry - 2020

3 judgments
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3 judgments
Citation
Judgment date
November 2020
Republic v Mhone and Mvula (Criminal Case 18 of 2018) [2020] MWHC 199 (29 November 2020)
The accused were convicted of obtaining money by false pretences, misuse of public office, forgery and uttering false documents.
Criminal law – Obtaining by false pretences; Corrupt Practices Act – misuse of public office; Forgery and uttering false documents; Evidentiary reliance on forensic handwriting analysis and circumstantial/common-intention proof; Burden of proof – beyond reasonable doubt.
 29 November 2020
June 2020
Salima v Electoral Commission and Another (Election Petition 19 of 2019) [2020] MWHC 201 (22 June 2020)
Whether widespread polling-station irregularities and the Electoral Commission's failure to remedy them invalidated the election result.
Election law — Parliamentary and Presidential Elections Act — polling-station irregularities (undue assistance, candidate proximity, threats, police involvement) — unsigned or altered tally sheets — statutory requirement to sign Form 66 (s.93(1)(b)) — complaints-handling obligations of the Electoral Commission (ss.97, 98, 113) — failure to remedy and breach of constitutional duty (s.76) — annulment and order for fresh election.
 22 June 2020
February 2020
Namacha v Electoral Commission (Election Cause 12 of 2009) [2020] MWHC 200 (18 February 2020)
A withdrawal order awarding costs permitted the 2nd respondent to assess and recover costs despite the petitioner’s agreement with the 1st respondent.
Election petition — withdrawal and discontinuance — court order for costs consequent to withdrawal — scope of agreed costs between petitioner and first respondent — entitlement of joined 2nd respondent to assessment of costs.
 18 February 2020