Malawi Supreme Court of Appeal - 2004 May

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May 2004
Malawi Electoral Commission & Ors. v Republican Party (MSCA Civil Appeal 14 of 2004) [2004] MWSC 2 (17 May 2004) An electoral commission abdicated its constitutional duty by referring misuse-of-public-resources complaints instead of investigating them, while an unpleaded ballot-paper order was quashed. Constitutional and electoral law — electoral commission’s duty to investigate complaints — misuse of public resources — limits of originating summons — reliefs must be pleaded — court’s practical competence to order custody of ballot papers	17 May 2004

May 2004

Malawi Electoral Commission & Ors. v Republican Party (MSCA Civil Appeal 14 of 2004) [2004] MWSC 2 (17 May 2004)

An electoral commission abdicated its constitutional duty by referring misuse-of-public-resources complaints instead of investigating them, while an unpleaded ballot-paper order was quashed.

Constitutional and electoral law — electoral commission’s duty to investigate complaints — misuse of public resources — limits of originating summons — reliefs must be pleaded — court’s practical competence to order custody of ballot papers

17 May 2004

Malawi Supreme Court of Appeal - 2004 May

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