For parliamentary elections

Sort by:

8 documents

Title	Date
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
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