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7 documents
Title
Date
Consolidated Preliminary Figures of Registered (Following The End of Voter Registration Process)
Election Document
5 February 2025
Taking of Pictures During Voter Registration For Women In Hijabs
Election Document
15 November 2024
Phase 1 of Voter Registration Process
Election Document
8 November 2024
Chipwaila & 4 others v Malawi Electoral Commission & Attorney General (National Registration Bureau) (Civil Cause 130 of 2024) [2024] MWHCCiv 10 (25 October 2024)
Whether requiring NRB-issued registration as proof for voter registration unlawfully restricts the applicant's right to vote.
Electoral law – Voter registration – Proof of eligibility – Section 12 Elections Act requiring NRB registration as proof – Franchise under section 77 Constitution – Interlocutory injunction – Separation of powers.
Judgment
25 October 2024
Democratic Progressive Party v Malawi Electoral Commission (Civil Cause 127 of 2024) [2024] MWHC 51 (9 October 2024)
Registrar rejects originating summons as procedurally defective, abusive, and brought by a claimant lacking standing.
:[
Judgment
9 October 2024
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
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
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