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Mhone v Electoral Commission & Kaunda (Election Appeal 14 of 2020) [2021] MWSC 2 (21 April 2021)
Judgment
21 April 2021
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
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
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