(c)
to participate in peaceful political activity’ intended to influence
the composition and policies of the Government; and
(d)
(2)
freely to make political choices.
The State shall, provide funds so as to ensure that, during the life ofany
Parliament, any political party’ which has secured more than one-tenth of the
national vote in elections to that Parliament has sufficient funds to continue
to represent its constituency.
(3) Save as otherwise provided in this Constitution, every person shall have
the right to vote, to do so in secret and to stand for election for any elective
office.".
The nature of this matter
The first appellant, the first respondent and the second respondent, were among the
contestants for the office of President in the 21st May, 2019 general election. On 27th
May, 2019, the Commission declared the first appellant the winner in the elections. As
we state earlier, the first and the second respondents were dissatisfied with that outcome.
For that reason, they separately petitioned the Court below, under section 100 of the
Parliamentary and Presidential Elections Act. Their respective petitions are set out in full
a little later in this judgment.
The first respondent’s petition was placed before Justice Mrs. Chinangwa, while the
second respondent’s petition was placed before Justice Mr. Mkandawire. The two
petitions related to the same election and would most likely follow the same path in
court. For that reason, the two petitions, were consolidated. Upon further scrutiny of
what the Court was being called upon to deal with, the Court, at the onset, found that the
consolidated petitions expressly and substantially related to, or concerned the
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