"Section 43 [of the constitution]...grants... the right to vote & to do so in secret... the court agrees with the Supreme Court of the USA... that no right is more precious than that of having a voice in the election of those who govern." #Malawi #JudgementDay
"In every instance where there were deviations from the number of total ballots that were expected to have been accounted for... there was substantial compromise and therefore breach of...the constitution, which refers to the principle that no person shall exercise >1 vote"
"An election is not free and fair if the body managing the electoral process fails to account for missing votes... it is not free and fair if the electoral management body fails to preserve critical election materials" #JudgementDay #Malawi
"We have carefully considered the deviations from the electoral process... they were unnecessary in an open democracy as they fundamentally departed from the principle of openness. All in all, there was violation of ... the constitution." #JudgementDay #Malawi
Having answered all three constitutional questions in the affirmative, the court now moves to its final determination.
"We wish to acknowledge that concerning the enormity of the activities involved in electoral processes, it is almost impossible to have an election that is completely free of any irregularities." #JudgementDay #Malawi
"However, in the present matter...the irregularities have been so widespread, systematic, and grave such that the integrity of the results have been seriously compromised....Results cannot be trusted..." #JudgementDay #Malawi
"We hold that [PRESIDENT MUTHARIKA] WAS NOT DULY ELECTED PRESIDENT OF MALAWI...We further order that a fresh election be held." #JudgementDay #Malawi
"We have also found [MEC] has violated [long list of things from] the constitution. In view of the gravity of the violations and breaches, it is our view that the conduct of [MEC] in managing the said elections...demonstrated incompetence for failing in multiple dimensions..."
