had not yet been uploaded into its system the 2nd Respondent proceeded to
announce the final Presidential results.
27.5. the 2nd Respondent declared the 1st Respondent as duly elected
President of the Republic of Malawi with 1,940, 709 votes representing
38.57% of the votes cast while the 2nd Petitioner was declared to have polled
1,781,740 votes representing 35.41 % of the total votes cast.
27.6. The 2nd Respondent failed and neglected to act with due diligence in
the control, management and administration of the 21st May 2019 elections
and failure to properly respond to the written communication urging it to
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address the complaints lodged and conduct an audit of the election amounted
to biased conduct and gross and unjustifiable dereliction of its constitutional
duties under Sections 76 and 77 of the Republic ofMalawi Constitution.
27.7. All in all the 2nd Respondent showed great bias for the 1st Respondent
and against the 2nd Petitioner thereby failing in its duty to act impartially as
its position requires it to in the administration and management ofan election.
28.
THAT the irregularities mentioned herein affect the votes as follows:
28.1. Votes from Duplicate Tally Sheets
28.2. Result Tally Sheets defaced with "Tippex”
28.3. Counterfeit or Fake Tally Sheets
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28.4. Tally Sheets with alterations
29.
THATfrom an analysis of results from 78 constituencies as at the date
hereof the irregularities mentioned herein affected in excess of 1,412,105
votes as follows:
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