54. This Court recalls that in any event, States are allowed latitude, within
permissible limits, to configure their electoral management bodies to satisfy
their peculiar local exigencies. In the present case, as the Supreme Court
of Appeal found, there was lack of, or inadequate, civic voter sensitization
about the registration which led to a low turnout. This was due to citizens
not being aware of the need to register to vote as most people thought that
the National Identity Registration which they had previously done with the
National Registration Bureau qualified them to vote without having to
specifically register again to vote. Therefore, the Supreme Court of Appeal
rightly ordered that the election be held afresh to ensure that they were
conducted in a manner that abides by electoral laws.9
55. Consequently, the Court finds that the Respondent State did not violate the
Applicants’ right to equal protection of the law protected under Article 3(2)
of the Charter. In light of the foregoing, this Court dismisses the Applicants’
claim.
C. Alleged violation of the right to be heard
56. The Applicants allege that the Supreme Court of Appeal unjustifiably denied
the First Applicant’s reasonable request for extension of time to file
additional documents.
57. The Applicants further aver that the Supreme Court of Appeal failed to
discharge its functions when it erred by reconsidering the evidence of what
occurred at Msinjiyiwi Polling Station.
58. The Respondent State did not make any submission in respect of this issue.
***
Section 17 of the Parliamentary and Presidential Election Act (Chapter 2:01) provides that: “The
Commission shall, in accordance with this Act, create the necessary conditions and take all necessary
actions for promoting awareness among the citizens of Malawi of the need to register as a voter for the
purpose of an election and of the need for their full participation in the election’’.
9
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