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NyaKumwenda v Electoral Commission & Anor. (Election Petition 23 of 2019) [2019] MWHC 107 (29 July 2019)
Petitioner failed to prove electoral irregularities or that proven tallying errors affected the parliamentary election outcome.
Electoral Law — Election Petitions — Irregularities and Undue Return — Burden on Petitioner to Prove Irregularities Affected Result — PPE ss100, 113
Electoral Administration — Counting and Tallying — Unaccounted Ballots/Tally Errors — Negligence Must Be Shown To Have Affected Overall Result
Judgment
29 July 2019
Chibambo v Electoral Commission (Election Petition 22 of 2019) [2019] MWHCCrim 5 (9 July 2019)
Applicant failed to prove prohibited post‑campaign activity or tally irregularities that affected the election result; petition dismissed.
Electoral law — election petition under s100 — alleged post‑campaign campaigning and inducements — alleged tally/result irregularities — burden and standard of proof (balance of probabilities) — petitioner failed to prove irregularities affected result — petition dismissed.
Judgment
9 July 2019
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