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Mzuzu District Registry - 2019

3 judgments
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3 judgments
September 2019
Mhone v Electoral Commission and Another (Election Petition 11 of 2019) [2019] MWHCCiv 12 (16 September 2019)
Petition alleging result-sheet alterations, barred monitors and unsealed ballot box failed for lack of sufficient evidence.
  • Electoral law — election petition under s.100 PPEA — proper mode of commencement; burden and variable standard of proof in election petitions; admissibility and weight of polling-station result sheets (MEC.POLL 066b) and record log books; recount/scrutiny and effect of unsealed ballot box; requirement for written complaints at polling stations (s.89).
16 September 2019
July 2019
Mwenifumbo v Electoral Commission (Election Petition 28 of 2019) [2019] MWHCCiv 9 (7 July 2019)
Applicant failed to prove accreditation, labelling, or counting irregularities affected the election result on a balance of probabilities.
  • Electoral law — monitors’ accreditation and identity documents — polling-station procedure — stream labelling and alleged campaigning — ballot display and counting procedure — requirement to make written complaints — burden of proof on balance of probabilities.
7 July 2019
June 2019
Banda and 6 Others v Electoral Commission (Election Petition 31 of 2019) [2019] MWHCCiv 11 (27 June 2019)
A petition filed after the seven-day period under section 100 was held time-barred and dismissed; local government claims belong under the Local Government Elections Act.
  • Election law — limitation period for election petitions — s100 Parliamentary and Presidential Elections Act is mandatory and not extendable by court; s114 appeals require reasonable time though no statutory limit; local government election petitions governed by Local Government Elections Act.
27 June 2019