impression that the Respondent could have released the results without deciding
on the complaints submitted by the Applicants.
25) I am satisfied that this matter was properly brought before this court and that
the court had jurisdiction to entertain it. I do not agree that the Applicants had
supressed information that they had already complained to the Electoral
Commission. It is very clear that Counsel Mvalo had attached a letter of complaint
(TM 4) tharwas submitted to the Respondent. If the Applicants had wanted to
suppress information, they could not have disclosed that letter.
26. On the stay order that this Court had granted,lt should be noted that after
hearing the arguments from both sides, the court has appreciated and is satisfied
that the said stay order shoul¢' be discharged. The Court is very much aware that
the Respondent is mandated by section 99 of the Parliamentary and Presidential
Act to finalise its processes within the timeframe prescribed therein. I therefore
order that the Respondent is at liberty to proceed with the processes so that it
complies with the said Act. The permission for Judicial Review still stands. I order
that each party should meet its own costs.
MADE
THIS~
7~
.
D AY OF MAY 2019 AT LILONGWE
JUDGE
9