Messrs Mhango, Mbeta, Kanyenda, Gondwe, Masanje, M'meta and Taulo of
Counsel for 1st and 2 nd Interested Parties
Messrs Mpaka and Nthewa of Counsel for Interested Amicus Curiae
Itai, Court Clerk
ORDER
1. On the 25 th day of May 2019 the Applicants filed an Ex-Parte application for
permission to apply for Judicial Review. The application was brought pursuant to
Order 19 Rule 20(3) of the Courts (High Court) (Civil Procedure) Rules 2017 and
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Section 16(2) of Statue Law Miscellaneous Provisions Act Cap 5:01 of the Laws
of Malawi. I should put it on record that Section 16(2) of Statue Law Miscellaneous
Provisions Act has 'no relevance to Order 19 Rule 20(3) of the Courts (High Court)
(Civil Procedure) Rules 2017. I however proceeded to entertain the application
having in mind the provisions of Order 2 rule 2 of the Courts (High Court) (Civil
Procedure) Rules 2017. This Order provides that;
"Not withstanding Rule 1 an irregularity in a proceeding, or a document, or a step,
or order made in a proceeding, sha~ not render a proceeding, document, step taken
or order a nullity."
2. The Applicants in their application sought Judicial Review on the following
decisions by the Respondent:
i) The decision of the Respondent to consider results of the Presidential elections
from areas which are marred by tampering oftally sheets fraud and/or vote rigging.
ii) The decision of the Respondent through its presiding officers who refused to
give copies of the genuine tally sheets to the Applicants' accredited monitors
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