(m) it did not observe processes set by law, for example, by allowing delivery of ballot
papers and other election materials without security contrary to the requirements
of the law, which demands that such material should be delivered under conditions
of absolute security against loss, tampering or interference;
(n)
its Presiding Officers failed to prepare a brief summary of the final result Record
of the polling process and to furnish a copy of the duly signed summary of the
final result at each polling station to each political party representative as provided
for in the PPEA;
22.9 Whether, further to the above enumerated irregularities, the conduct of the 2nd
Respondent in managing the elections was utterly unjust and unconscionable on account
that:
(a) the 2nd Respondent’s presiding officer for Mpatsa Tally Centre in Nsanje District
was caught with three ballot boxes stuffed with already marked ballots in favour
of the 1st Respondent and whether he was arrested by Police in this regard;
(b) the 2nd Respondent's Chief Returning Officer for Nsanje Central Constituency, Mr
Fred N Thomas, was on 23rd May 2019 found tampering with Results Sheets, and
this was still with in the period for transmission of results;
(c) the 2nd Respondent’s presiding officers at some of the polling centres refused to
furnish the Petitioner's monitors with copies of the tally sheets contrary to the 2nd
Respondent's Polling Station Voting Procedure Manual, and Results Management
System Processes outlined by the 2nd Respondent;
(d) the 2nd Respondent proceeded to announce the contaminated results without taking
heed to appreciate the genuineness and the validity of the said results;
(e) the 2nd Respondent proceeded to announce the said results without conducting a
thorough audit and verification of the results and in disregard of the several
complaints lodged by the 2nd Petitioner through Malawi Congress Party.
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