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Electoral Offences and Penalties

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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
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