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Election petitions

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Election petitions
12 documents
Mhone v Electoral Commission & Kaunda (Election Appeal 14 of 2020) [2021] MWSC 2 (21 April 2021)
Judgment 21 April 2021
Nyengo and Another v Electoral Commission (Electoral Petition 1 of 2020) [2021] MWHCCiv 26 (21 February 2021)
Leave to appeal was granted while the court condemned counsel’s insertion of a misleading postscript and unprofessional post-judgment conduct.
  • Electoral law — fresh elections — use of previous voters’ roll and eligibility of candidates; Civil procedure — joinder of affected parties before judgment; appellate procedure — leave to appeal; Professional conduct — inadmissibility of postscripts in formal orders and improper post-judgment audience requests.
Judgment 21 February 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
Namacha v Electoral Commission and Tambala (Election Cause 12 of 2019) [2020] MWHC 60 (18 February 2020)
Judgment 18 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 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
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
Dr. Jessie Kabwira v Malawi Electoral Commission & Anor (Electoral Case 40 of 2019) [2019] MWHC 69 (13 June 2019)
A parliamentary election petition grounded on sections 100 and 114(1) was misconceived; s100 applies only to presidential petitions and s114(1) requires a Commission decision on irregularity.
  • Electoral law — Parliamentary elections — Proper statutory basis for election petitions — Section 100 applies only to Presidential petitions; Section 114(1) permits appeals only against Commission decisions confirming or rejecting irregularities; failures under section 113 may require judicial review, not appeal under s114.
Judgment 13 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