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 \ 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 2

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