obligation, on 21st May, 2019 Malawians of appropriate age of eligibility went to the
polls for the election of Councilors, in Local Government elections, and members of the
National Assembly and the President, in general elections. Since these elections are
conducted simultaneously, they are now commonly referred to as tripartite elections.
Under our Constitution, supported by the Electoral Commission Act, the Parliamentary
and Presidential Elections Act and the Local Government Elections Act, the Electoral
Commission, the second appellant in this case, whom we shall refer to only as the
"‘Commission” because of the numerous times that we will refer to it, is established and
empowered to conduct the elections. While the Constitution in section 75 establishes the
Commission and goes on, in section 76, to lay out some of its powers and functions, it is
in the Electoral Commission Act, the Parliamentary7 and Presidential Elections Act and
the Local Government Elections Act, that more detailed and specific powers and
functions of the Commission are set out.
It is cardinal at this stage to state that under section 76 (2) (d) and (e) of the Constitution,
the Commission is enjoined to ensure compliance with the provisions of the Constitution
and Acts of Parliament in the performance of its duties and functions. The Electoral
Commission Act in turn provides, in section 8, for the functions and powers of the
Commission in this way-
"(1) In addition to the broad functions and powers conferred on the
Commission by the Constitution and, subject to the Constitution, the
Commission shall exercise general direction and supervision over the conduct
of every election and, without prejudice to the generality ofsuch functions and
powers, it shall have the following further functions —
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