Election Judgments - IFES

Election Judgments - IFES

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Title
Date added
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Question Presented
Legal Issue(s)
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Language of Decision
Date of decision
Legal Issue and/or Topic
Language
Odinga v. IEBC
Jun 19, 2019
Nov 6, 2020
Judgment
Which party has the burden of proof to contest an election?
  • Disputing Results
  • Electoral Integrity
Kenya
  • English
Sep 1, 2017
Chilima v. Mutharika (lower court decision)
May 22, 2020
Nov 4, 2020
Judgment
Whether the Electoral Commission breach its duty under section 76, 77, and 40 of the Constitution of Malawi. These duties include ensuring the absence of electoral irregularities, illegalities, and failed provide proper oversight and verification.
  • Disputing Results
  • Electoral Integrity
  • EMB Operation
Malawi
  • English
Feb 3, 2020
Democratic Alliance v. Electoral Commission
Jun 3, 2020
Sep 15, 2020
Judgment
Whether the Commission is able to make this determination and implement the enforcement action.
  • EMB Operation
South Africa
  • English
    Human Rights Network of Uganda v. Attorney General
    May 20, 2020
    Oct 14, 2020
    Judgment
    Whether the Public Order Management Act of 2013 violates the Uganda Constitution? Whether parliament and the executive may pass legislation in response to decision of the court?
    • Elections as a Fundamental Right
    • Electoral Violence and Intimidation
    • Judicial Independence
    Uganda
    • English
    Mar 26, 2020
    Hichilema v. Lungu
    Jul 16, 2019
    Oct 14, 2020
    Judgment
    Does the Court have jurisdiction to hear the election petition after the expiry of the 14 day constitutionally prescribed period?
    • Civil Procedure
    • Disputing Results
    Zambia
    • English
    Sep 5, 2016
    Mavedzenge v. Minister of Justice, Legal and Parliamentary Affairs
    Jul 16, 2019
    Sep 16, 2020
    Judgment
    Applicant seeks declaration of constitutional invalidity of Electoral Act section 192(6), particularly striking the phrase "approved by the Minister" from the provision. Is the Minister's approval requirement tantamount to the ZEC being subject to his direction and control?
    • EMB Independence
    Zimbabwe
    • English
    May 31, 2018
    APDH v. Cote d'Ivoire
    Aug 1, 2019
    Sep 16, 2020
    Judgment
    Whether the composition of the IEC is in conformity with the Constitution.
    • EMB Independence
    • EMB Operation
    Ivory Coast
    • English
    • French
    Nov 18, 2016
    Tanganyika Law Society v. Tanzania
    Aug 1, 2019
    Oct 14, 2020
    Judgment
    Whether the Tanzania regulation prohibiting independent candidates from seeking public office is unconstitutional?
    • Candidate Registration
    • Judicial Independence
    Tanzania. United Republic of
    • English
    Jun 14, 2019
    National Elections Commission v. Brumskine
    Jun 20, 2019
    Nov 4, 2020
    Judgment
    Should elections be annulled when there were late openings of polls, changes of polling stations, inaccurate voter registration lists, and an absence of queue controllers?
    • Disputing Results
    • Electoral Integrity
    • Voter Registration
    Liberia
    • English
    Dec 7, 2017
    Uzodinma v. Ihedioha
    Jun 2, 2020
    Nov 4, 2020
    Judgment
    Whether the votes administered on incorrect ballots were improperly considered void. Whether the Governor failed to ascertain a majority vote based upon those results.
    • Disputing Results
    • Electoral Administration Irregularities
    • Electoral Integrity
    Nigeria
    • English
    Jan 14, 2020
    Timba v. Electoral Commission
    Jun 28, 2019
    Oct 14, 2020
    Judgment
      • Civil Procedure
      • Disputing Results
      Zimbabwe
      • English
      Jan 9, 2014
      Re Culleton
      Jun 9, 2020
      Sep 16, 2020
      Judgment
        • Candidate Registration
        Nigeria
        • English
        Jan 31, 2017
        New Nation Movement NPC and Others v President of the Republic of South Africa
        Jun 11, 2020
        Sep 15, 2020
        Judgment
        Whether the requirement of political party membership for candidate eligibility is constitutional.
        • Candidate Registration
        South Africa
        • English
        Jun 11, 2020
        Inkatha Freedom Party v. Independent Electoral Commission
        Sep 23, 2020
        Nov 4, 2020
        Judgment
        Whether alleged electoral illegalities were sufficient to require an investigation into the election results.
        • Civil Procedure
        • Electoral Integrity
        South Africa
        • English
        Jul 14, 2001
        Mwiru v. Samson
        Jul 24, 2020
        Nov 4, 2020
        Judgment
        Whether the respondent’s education failed to meet the requirements for candidacy. If so, whether the respondent’s election as a Member of Parliament should be annulled.
        • Disputing Results
        • Electoral Integrity
        Uganda
        • English
        Jun 28, 2011
        Odhiambo Oduol v. Independent Electoral & Boundaries Commission
        Sep 14, 2022
        Sep 14, 2022
        Judgment
        Whether petitioner’s affidavit verifying a video recording meets the evidentiary burden outlined in Section 107 of the Evidence Act relating to electronic evidence.
        • Disputing Results
        • Electoral Integrity
        • Vote Verification and Transmission
        Kenya
        • English
        Jun 5, 2013
        Odinga, et. al v. Ruto
        Aug 9, 2024
        Aug 9, 2024
        Judgment
        Whether petitioners’ evidence of interference and election fraud satisfied the appropriate level of evidence as required by the Court and affected the election result, warranting the cancellation and rerun of the election?
        • Civil Procedure
        • Disputing Results
        • Electoral Administration Irregularities
        • Electoral Integrity
        • Electronic Voting
        • EMB Operation
        Kenya
        • English
        Sep 5, 2022
        Abubakar v. Independent Electoral Commission
        Jun 3, 2020
        Nov 4, 2020
        Judgment
        Whether the President was not duly elected to his position based upon alleged corruption in the vote counting.
        • Civil Procedure
        • Disputing Results
        • Electoral Integrity
        Nigeria
        • English
        Nov 5, 2019
        Amalgamated Rural Teachers Union of Zimbabwe v. ZANU-PF
        Jun 19, 2019
        Sep 16, 2020
        Judgment
        Should an interdict be ordered against the respondents for several coercion related activities towards children in schools?
        • Electoral Violence and Intimidation
        Zimbabwe
        • English
        Jun 28, 2018
        Election Resource Centre v. Charumbira
        Jun 19, 2019
        Sep 16, 2020
        Judgment
        Is it inappropriate for a tribal leader to make public statements in support of a party?
        • Candidate Registration
        Zimbabwe
        • English
        May 23, 2018
        Electoral Commission v. Malawi Congress Party
        Jun 19, 2019
        Nov 4, 2020
        Judgment
        • Electoral Administration Irregularities
        • Electoral Integrity
        Malawi
        • English
          Kham v. Electoral Commission
          Jun 20, 2019
          Nov 4, 2020
          Judgment
          Should elections be annulled when the IEC did not provide timely access to voter rolls to the petitioners before elections?
          • Disputing Results
          • Electoral Integrity
          • Voter Registration
          South Africa
          • English
          Nov 1, 2015
          Tchimon v. Issouf
          Jul 22, 2019
          Nov 4, 2020
          Judgment
          Whether violence and disturbance against voters at polling centers took place and whether the elected candidate (defendant) was aware/ responsible for these violations? Whether these violations at the polling stations altered the fairness of the polls on election day?
          • Disputing Results
          • Electoral Integrity
          • Electoral Violence and Intimidation
          Ivory Coast
          • French
          Nov 30, 2018
          Jupica vs Nec
          Aug 26, 2020
          Oct 8, 2020
          Judgment
          Whether the postponement of the Liberian elections to a date when the Ebola threat was still ongoing was unconstitutional?
          • Electoral Administration Irregularities
          • EMB Independence
          • Health Concerns & Election Administration
          Liberia
          • English
          Jan 13, 2016
          Kitute v. Independent Electoral and Boundaries Commission
          Aug 9, 2024
          Aug 9, 2024
          Judgment
          Is electronic evidence submitted in support of allegations of election fraud subject to the Evidence Act, which requires authentication or certification by an appropriate authority or expert?
          • Civil Procedure
          • Disputing Results
          • Electoral Administration Irregularities
          • Electoral Integrity
          • Electronic Voting
          Kenya
          • English
          Nov 6, 2017
          Zimbabwe Election Resource Centre Trust v. Zimbabwe Electoral Commission
          Jul 8, 2019
          Oct 14, 2020
          Judgment
          Whether the Zimbabwe Electoral Commission must furnish voter rolls under the Zimbabwe Constitution.
          • Vote Form Irregularities
          • Vote Verification and Transmission
          Zimbabwe
          • English
          Jun 6, 2018
          National Elections Commission v. Siebo
          Sep 16, 2020
          Sep 16, 2020
          Judgment
          Whether the respondent lost his right to appeal the Review Panel rejection of his application when he failed to meet the Election Commission’s deadline.
          • Candidate Registration
          • Civil Procedure
          Liberia
          • English
          Sep 19, 2017
          Karnwea v. National Elections Commission
          Oct 1, 2020
          Nov 6, 2020
          Judgment
          Whether an investigation is necessary to prohibit a candidate from running when they allegedly do not meet the qualifications? Whether the Election Commission may go beyond the statutorily prescribed penalties for not meeting a qualification?
          • Candidate Registration
          • Civil Procedure
          • EMB Independence
          Liberia
          • English
          Jul 20, 2017
          In re Article 27 (3) & (8) of the Constitution of Kenya 2010
          Oct 2, 2020
          Nov 6, 2020
          Judgment
          Whether failure to enact the two-third gender rule despite Court orders to do so calls for dissolvement of the Parliament.
          • Gender
          • Quotas
          Kenya
          • English
          Sep 21, 2020
          Plaaslike Besorgde Inwoners v. Independent Electoral Commission
          Feb 17, 2021
          Feb 17, 2021
          Judgment
          Whether the municipal government elections for four wards in the George Local Municipality should be annulled due to alleged wrongs and irregularities in the voting and counting procedures.
          • Disputing Results
          South Africa
          • English
          Jan 5, 2021

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