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iii) The decision by the Respondent to tabulate results of the Presidential elections
without prior verification with the Applicants' accredited monitors.
iv) The decision of the Electoral Commission to take into account results from
constitllencies rand polling centres where the votes cast are higher than the
registered number of voters in the constituency or polling centre
v) Failing to consider material facts in making the decision
vi) Failing to reverse results after seeing evidence of rigging
vii) The decision of respondent in failing to accord rules of natural justice to the
Applicants and their agents.
3. The Applicants
~re
seeking several reliefs which are eleven in number
4. After hearing Counsel, I granted permission to apply for Judicial Review and
gave directions. I further ordered that until a further order of the Court, the
announcement of Presidential election results be stayed until results from Nsanje,
Chikwawa, Ivlangochi, Blantyre, Zomba, Mulanje, Chitipa, Rumphi" Karonga and
Nkhata-Bay are verified through a transparent re-counting of the ballot papers in
"
the presence of representatives of Political
Parties which contested in the Elections.
5. The Respondent through Counsel Andy Kaonga filed an Application on the 25 th
ofMay 2019 to have the order for permission to comlnence Judicial Review and
Stay discharged. In a sworn statement made by Mr-. Kaonga, the Respondent says
that the it has made no decision. That the Applicant presented all their complaints
at once in a letter copy of which they have exhibited as marked
T~14.Mr
Kaonga
says that the Respondent is currently engaged in the process of resolving the
complaints and will only announce results after resolving all compiaints received.
Mr Kaonga also referred to the last Press Statement which is MEC 1 in which the
Respondent assured the nation that it was acting on the complaints through its
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