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
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
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
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
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
Electoral Commission v. Malawi Congress Party
Jun 19, 2019
Nov 4, 2020
Judgment
    • Electoral Administration Irregularities
    • Electoral Integrity
    Malawi
    • English
      Re Culleton
      Jun 9, 2020
      Sep 16, 2020
      Judgment
        • Candidate Registration
        Nigeria
        • English
        Jan 31, 2017
        My Vote Counts NPC v. Minister of Justice and Correctional Services
        Jun 28, 2019
        Sep 15, 2020
        Judgment
        Is the current Promotion of Access to Information Act unconstitutional?
        • Campaign Finance
        South Africa
        • English
        Jun 21, 2018
        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
        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
        People's Democratic Party v. Degi Eremienyo
        Jun 2, 2020
        Sep 16, 2020
        Judgment
          • Candidate Registration
          • Civil Procedure
          Nigeria
          • English
          Feb 13, 2020
          Yusuf v. INEC
          Jun 2, 2020
          Oct 14, 2020
          Judgment
          Whether the respondent was not duly elected in the election and the re-run of the election.
          • Civil Procedure
          • Disputing Results
          Nigeria
          • English
          Jan 20, 2020
          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
          Kyewalabye v. Electoral Commission
          Jul 24, 2020
          Oct 14, 2020
          Judgment
          Whether the plaintiff has the evidentiary burden to contest the election results.
          • Civil Procedure
          • Disputing Results
          Uganda
          • English
          Oct 3, 2016
          Opendi v. Electoral Commission
          Jul 24, 2020
          Oct 14, 2020
          Judgment
          Whether the invalidation of seventeen polling station results is sufficient grounds to annul the election results.
          • Disputing Results
          • Vote Form Irregularities
          Uganda
          • English
          Sep 23, 2011
          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
          Marube Ombeta, Kamotho Njenga v. Independent Electoral and Boundaries Commission
          Sep 13, 2022
          Sep 13, 2022
          Judgment
          Whether the Independent Electoral and Boundaries Commission (IEBC)’s decision to implement the two-thirds gender rule for the 2022 elections is unconstitutional. Whether the IEBC’s decision to reject the petitioner’s candidate nominations list for the National Assembly and the Senate was unconstitutional.
          • Candidate Registration
          • Gender
          • Quotas
          Kenya
          • English
          Jun 13, 2022
          Masumba v. Kamondo
          Sep 13, 2022
          Sep 13, 2022
          Judgment
          Whether the respondent was properly elected as a Member of Parliament on account of allegations made against him by the appellant of illegal acts or misconduct (i.e., defamation or inflammatory statements, intimidation and violence, and undue influence) during the campaign period.
          • Disputing Results
          • Electoral Violence and Intimidation
          Zambia
          • English
          Nov 17, 2017
          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
          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
          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
          The National Electoral Board of Ethiopia v. The Harari Peoples’ Regional State, Harari National Congress
          Oct 19, 2021
          Oct 19, 2021
          Judgment
          Whether the decision by the Election Bench of the FSC ordering the NEBE to continue the practice, during the 6th general elections, of allowing members of the Harari community residing outside of the Harari People’s Regional State to elect members of the Harari National Congress (which is part of the Harari People’s Regional State Council (regional parliament)) contained an error of law.
          • Elections as a Fundamental Right
          Ethiopia
          • Amharic
          May 27, 2021
          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
          Siwale v. Electoral Commission of Zambia
          Aug 7, 2019
          Oct 14, 2020
          Judgment
          Can the referendum proceed without being voted on as a bill as constitutionally required?
          • Disputing Results
          • Voter Registration
          Zambia
          • English
          Feb 14, 2018
          Electoral Commission of Uganda v. Bakireke
          Aug 7, 2019
          Oct 14, 2020
          Judgment
          Was the election conducted legally? Did non-compliance substantially affect the results? Did the winning candidate commit electoral offenses? Did the trial judge err in annulling the elections at the trial level?
          • Disputing Results
          • Electoral Violence and Intimidation
          Uganda
          • English
          Jan 19, 2007
          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
          Ochieng' v. Orange Democratic Movement
          Jun 20, 2019
          Nov 4, 2020
          Judgment
          Was the respondent's nomination free, fair, and credible? Should the election be annulled when the respondents locked themselves in a room with the ballot boxes and papers, preventing the petitioner from entering?
          • Disputing Results
          • Electoral Integrity
          • Vote Form Irregularities
          Kenya
          • English
          May 14, 2017
          Timba v. Electoral Commission
          Jun 28, 2019
          Oct 14, 2020
          Judgment
            • Civil Procedure
            • Disputing Results
            Zimbabwe
            • English
            Jan 9, 2014
            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

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