MCP stay order: ORDER STAYING EXECUTION OF THE ORDER STAYING EXECUTION OF AN ORDER STAYING THE DECISION OF THE RESPONDENT TO STOP THE PUBLICATION OF THE DETERMINATION OF THE NATIONAL RESULT FOR THE PRESIDENTIAL ELECTION OF MAY 2014 UPON READING the Affidavit of the Interested Party /Intervenor; AND UPON hearing Counsel for the Interested Party /Intervenor; IT IS HEREBY ORDERED and DIRECTED that Dr Lazarus Chakwera be added as a Party to the application for Judicial Review. THE COURT NOTING THAT Section 76(4) of the Malawi Constitution is clear and states that the Electoral Commission shall exercise its powers, functions and duties independently of any direction or interference-by other authority or any person THE COURT OBSERVED THAT the Electoral Commission in consultation with political parties concerned having decided to conduct a physical check or audit of the results the courts cannot decide otherwise as such conduct is deemed to be telling Electoral Commission how it, should proceed with its work. IT IS THUS HEREBY ORDERED AND DIRECTED that the Order dated 25th May 2014 staying the enforcement of the decision of the Electoral Commission to stop the publication of the determination of the national result for the Presidential election of May 2014 pending the recount of all ballot papers for the Presidential vote for the entire country BE AND IS HEREBY .STAYED until the determination of the inter-partes Summons .to Discharge the Stay to be filed within 48 hours. THE COURT FURTHER NOTED THAT considering that there are now several court cases relating to the May 2014 Elections IT IS RECOMMENDED that the Registrar should consolidated all matters pertaining to the determination and announcement of 2014 presidential elections.
Posted on: Mon, 26 May 2014 13:35:49 +0000
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