Malawi Supreme Court of Appeal - 2005 April

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April 2005
Gondwe v Malawi Electoral Commission and Another (MSCA Civil Appeal 3 of 2005) [2005] MWSC 4 (11 April 2005) Petitioner must prove electoral irregularities affected the result; use of an official vehicle and unsigned forms did not vitiate the election. Electoral law — section 100 PPEA — timeliness of petition; no affidavit or prior MEC complaint required; Standard for nullifying elections — petitioner must prove irregularity affected result; Use of public/official resources — lawful use by incumbent Deputy Speaker post‑dissolution not proved to affect result; Verification of voters’ roll — insufficient evidence; Result-of-count forms and signatures — court should rely on primary evidence and not decide issues not pleaded.	11 April 2005

April 2005

Petitioner must prove electoral irregularities affected the result; use of an official vehicle and unsigned forms did not vitiate the election.

Electoral law — section 100 PPEA — timeliness of petition; no affidavit or prior MEC complaint required; Standard for nullifying elections — petitioner must prove irregularity affected result; Use of public/official resources — lawful use by incumbent Deputy Speaker post‑dissolution not proved to affect result; Verification of voters’ roll — insufficient evidence; Result-of-count forms and signatures — court should rely on primary evidence and not decide issues not pleaded.

11 April 2005

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