Malawi Supreme Court of Appeal - 2020 May

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1 judgment

Citation	Judgment date
May 2020
Mutharika & Anor. v Chilima & Anor. (MSCA Constitutional Appeal 1 of 2020) [2020] MWSC 1 (8 May 2020) Court annulled presidential return for pervasive procedural irregularities, held majority means 50%+1 of votes cast, ordered fresh election and costs against the Commission. Electoral law — burden and standard of proof in election petitions (prima facie burden on petitioner; evidential shift to Commission on balance of probabilities) — irregularities (Tippex/altered, duplicate/fake/uncustomised/reserve/unsigned tally sheets; unlawful Constituency Tally Centres; unresolved complaints) — Commission's quasi-judicial complaints power non-delegable — interpretation of 'majority of the electorate' (section 80(2)) as 50% + 1 of votes cast — Attorney General's role in constitutional referrals.	8 May 2020

Citation

Judgment date

May 2020

Mutharika & Anor. v Chilima & Anor. (MSCA Constitutional Appeal 1 of 2020) [2020] MWSC 1 (8 May 2020)

Court annulled presidential return for pervasive procedural irregularities, held majority means 50%+1 of votes cast, ordered fresh election and costs against the Commission.

Electoral law — burden and standard of proof in election petitions (prima facie burden on petitioner; evidential shift to Commission on balance of probabilities) — irregularities (Tippex/altered, duplicate/fake/uncustomised/reserve/unsigned tally sheets; unlawful Constituency Tally Centres; unresolved complaints) — Commission's quasi-judicial complaints power non-delegable — interpretation of 'majority of the electorate' (section 80(2)) as 50% + 1 of votes cast — Attorney General's role in constitutional referrals.

8 May 2020

Malawi Supreme Court of Appeal - 2020 May

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