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Constitutional Court of Zambia - 2016 December

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1 judgment
December 2016
MWIYA MUTAPWE AND SHOMENO DOMINIC (APPEAL NO. 19 OF 2017) [2016] ZMCC 10 (11 December 2016)
Petitioner failed to prove corrupt practices and widespread effect to void the election; nullification reversed.
  • Electoral law — election petitions — section 97(2)(a) Electoral Process Act — standard of proof in election petitions (fairly high degree of convincing clarity) — attribution to candidate via appointed election/polling agent or knowledge/consent/approval — hearsay and need for corroboration — effect on majority of voters required to void election — pleadings and failure to file answer.
11 December 2016