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
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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'
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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
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