Applicants have not even shown any documentation showing the~communication
of the Respondent of its decision based on their complaint. That the Applicants
have presented false information to the court.
14. It is
submi~ed
that a manual counting of the votes would defeat the time lines
set in Section 99 of the Parliamentary and Presidential Elections Act. The
determination of results by the Respondent is based on Section 96 of the
Parliamentary and Presidential Elections Act and the process set therein has to go
uninterrupted until it is concluded. The Order for recounting obtained by the
Applicants flies in the face of a clear statutory provision whose effect is to stop the
Respondent from determining the results uninterrupted. That the order to recount
is a final remedy yet the Court has powers to annul the elections pursuant to section
100 of the Parliamentary and Presidential Elections Act which proceeds on the
understanding that the challenge should be made after declaration of the results
15. That Order 19 Rule 19 of the Courts (High Court) (Civil Procedure) Rules 2017
provides that an application for an interim injunction in connection with election
matters shall be made inter-parties.
16. The 1st and 2nd Interested Pa~y made their submission. Most of what was
submitted by them has already been alluded to in the submissions made by the
Respondent.
17. The Malawi Law Society which appeared as Interested Amicus Curiae was
allowed to make oral submissions and the court took note of their contribution.
Suffice to say that most of what they said had already been alluded to by other
parties.
18. In response to the Respondents application, the Applicants filed a sworn
statement made by Mr. Titus Mvalo. The Applicants say that in its briefing of23 rd
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