EXPERT LEGAL OPINION: Legal View of a Private Practice Lawyer, Shepher Mumba of Golden & Law

Further, s113 of the PPE states that "any complaint submitted in writing alleging any irregularity at any stage, if not satisfactorily resolved at a lower level of authority, shall be examined and decided on by the Commission and where the irregularity is confirmed the Commission shall take necessary action to correct the irregularity and the effects thereof - Mumba

Shepher Mumba writes:

Shepher Mumba
Shepher Mumba

I have been reading the Constitution and the Parliamentary & Presidential Elections Act since yesterday and I do not find any provision preventing Malawi Election Commission (MEC) from conducting a recount of the votes.

Amongst others, the function of MEC is to “determine electoral petitions and complaints related to the conduct of any elections” see s.76(2) of the Constitution. Further, s113 of the PPE states that “any complaint submitted in writing alleging any irregularity at any stage, if not satisfactorily resolved at a lower level of authority, shall be examined and decided on by the Commission and where the irregularity is confirmed the Commission shall take necessary action to correct the irregularity and the effects thereof” Recounting of votes is therefore within the functions and mandate of the MEC as provided by law.

2 Responses to "EXPERT LEGAL OPINION: Legal View of a Private Practice Lawyer, Shepher Mumba of Golden & Law"

  1. mbuje   May 29, 2014 at 12:56

    Recount is necessary no presidency by corruption and forgery democracy is expensive and the sees no cost

    Reply
  2. Nyabinghi   May 28, 2014 at 19:44

    Give us 1.7 billion so that we can recount expert

    Reply

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