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Complaints after the electoral process

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13 documents
Title
Date
Mia v Malola & Malawi Electoral Commision (Election Petition 58 of 2025) [2025] MWHC 24 (11 November 2025)
Section 100 petition confined to Commission‑decided complaints; one unsigned result sheet found but did not affect election, petition dismissed.
Election law – Section 100 appeal limited to matters decided by the Commission; scope of election petitions; irregularity defined as non‑compliance with the Act; presiding officer’s signature mandatory on result sheets; criminal electoral offences (handouts, unlawful campaigning) are for criminal process and require conviction before affecting election outcome; burden of proof on petitioner on balance of probabilities.
 Judgment 11 November 2025
Mhone v Electoral Commission & Kaunda (Election Appeal 14 of 2020) [2021] MWSC 2 (21 April 2021)
Judgment 21 April 2021
Salima v Electoral Commission and Kachikho (Election Petition 19 of 2019) [2020] MWHC 11 (22 June 2020)
Court annulled parliamentary result due to substantial electoral irregularities and the Electoral Commission’s failure to remedy complaints.
Election law – Parliamentary and Presidential Elections Act – irregularities (section 3) – unsigned/altered tally sheets (section 93(1)(b)) – unlawful assistance/coaching of voters (section 87) – premature opening of ballot boxes (section 92(1)) – failure of Electoral Commission to handle complaints (sections 97, 98, 113) – annulment and fresh election ordered.
 Judgment 22 June 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.
 Judgment 8 May 2020
Namacha v Electoral Commission and Tambala (Election Cause 12 of 2019) [2020] MWHC 60 (18 February 2020)
Judgment 18 February 2020
Chilima & Anor. v Mutharika & Anor. (Constitutional Reference 1 of 2019) [2020] MWHC 2 (3 February 2020)
Court found pervasive irregularities in election administration, nullified the presidential result and ordered fresh elections within 150 days.
Electoral law — presidential election — management of polling, tallying and transmission — use of duplicate, tippexed and altered Form 66C tally sheets — preservation of polling records — role and duties of Electoral Commission under sections 76, 77 and 119 PPEA — standard and burden of proof in electoral petitions — interpretation of "majority of the electorate" under section 80(2) of the Constitution (majority = 50% + 1 of valid votes cast) — remedy: nullification and fresh election.
 Judgment 3 February 2020
Harrison v Electoral Commission (Election Petition Cause 10 of 2019) [2019] MWHC 258 (20 December 2019)
Petitioner proved tampering and procedural failures that affected the result; court nullified election and ordered a re-run.
Election law – Section 114 PPEA – election petition and burden of proof; electoral irregularities and tampering; duty to supply duplicate signed polling-station result sheets (s.93 PPEA); failure of Electoral Commission to produce official tally records; nullification and order for re-run.
 Judgment 20 December 2019
NyaKumwenda v Electoral Commission & Anor. (Election Petition 23 of 2019) [2019] MWHC 107 (29 July 2019)
Petitioner failed to prove that alleged electoral irregularities and improprieties materially affected the election result; petition dismissed.
Election law – Election petitions – Burden of proof on petitioner to prove irregularities and material effect on result; Electoral Commission duties under Constitution and PPE; Proof and admissibility of monitors' evidence; Counting and tallying errors (Emazwini polling station – 136 unaccounted votes) – negligence proved but no impact on outcome; Remedy: annulment/re-run requires proof of result-affecting irregularity.
 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
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.
 Judgment 7 July 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.
 Judgment 27 June 2019
Phiri v Electoral Commission (Election Petition 25 of 2014) [2014] MWHC 493 (4 July 2014)
The applicant's election petition was dismissed as time-barred; broadcast declaration triggered the seven-day filing period.
Electoral law – Time limits for election petitions – Interpretation of section 100(1) PPE Act – Computation of time (General Interpretation Act s45) – Effect of section 99 publication requirements on commencement of limitation period – Declaration by broadcast sufficient to trigger time limit.
 Judgment 4 July 2014
Kamkwatira v Electoral Commission & Khembo (Election Petition 12 of 2014) [2014] MWHC 494 (3 July 2014)
The applicant failed to show alleged tally-sheet tampering likely affected the result; recount denied and petition dismissed.
Election law – Parliamentary and Presidential Elections Act s114(4) – requisites for recount; burden of proof (balance of probabilities); s93(2) entitlement to copies of tally summaries; parallel vote tabulation admissibility and reliability; electoral transparency and safeguards for tally-sheet alterations.
 Judgment 3 July 2014