Judgment No. SC 69/15 6 Civil Appeal No. SC 9/14 office of the President. Further, that an order made in terms of s 70(4) of the Electoral Act would not amount to exercising jurisdiction in terms of s 167 (2)(b) of the Constitution. I am persuaded by these contentions. The wording of s 167 (2)(b) of the Constitution is in my view clear and unambiguous in its meaning. The provision is concerned primarily with disputes relating to election to the office of the President. It provides that any dispute relating to election to that office is to be determined only by the Constitutional Court. The dispute in casu does not relate to election to the office of President but to the election of an aspiring member, the appellant, to the House of Assembly. Accordingly, the matter before the court a quo did not constitute a dispute as envisaged in s 167(2)(b) of the Constitution. An interpretation that seeks to import into that provision a meaning to the effect that only the Constitutional Court has jurisdiction to hear any election dispute that mentions the President, even where the relief sought has nothing to do with any matter related to his election to that office, in my view amounts to a misapprehension of both the meaning and ambit of the provision. I entertain no doubt that such a liberal interpretation would open the floodgates for undeserving applications to be brought before the Constitutional Court. This is because, going by such an interpretation, a losing candidate from any constituency, who might wish to have election boxes and packets unsealed in order to access material relevant to his or her election results, would be obliged to file such application before the Constitutional Court. It is to be remembered in this respect that unlike the Parliamentary and Local Government elections which were ‘localised’ in the relevant constituencies throughout the country, the President’s ‘constituency’ was the totality of all those constituencies. Such an outcome being undesirable, it can hardly be said to have been the intention of the Legislature.

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