27.1. The 2nd Respondent has been generally negligent in its control and administration of the elections by failing to electronically collate, tally and transmit results accurately as required by law; failing to ensure that the relay of results from the polling stations was secure, accountable, accurate and verifiable; and failing to ensure that the result sheets were originals signed by the candidates' agents or monitors and if not that they indicated the reason for refusal to sign. 27.2. There has been massive tampering and irregularities in connection with the recording, counting, transmission and tabulation of votes during the 10 said election which the 2nd Respondent was aware or ought to have been aware of if it had exercised reasonable care and professional diligence commensurate with its constitutional and statutory powers- and duties. Despite the said existence of the said tampering the 2nd Respondent went ahead to announce the results of the elections, including that the 2nd Respondent had been duly re-elected into the position of the President of the Republic of Malawi, without holding any or any sufficient audit to verify the election results. 27.3. The 2nd Respondent has acted and omitted to act in a manner which grossly and unjustifiably infringes on the 2nd Petitioner's and the citizens' 20 political rights under section 40 of the Constitution and breaches the 2nd Respondent's constitutional duties under sections 76 and 77 of the Constitution 27.4. Further instead of responding to the said 2nd Petitioner's complaints and before addressing the problems highlighted by the 2nd Petitioner and without waiting for the remaining results from polling centres whose results 21

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents