II. SUBJECT OF THE APPLICATION A. Facts of the matter 3. The Applicants allege that following the conclusion of the general election held on 21 May 2019, the Malawi Electoral Commission (hereinafter referred to as “the MEC”) declared the First Applicant duly elected as member of the National Assembly for the Nkhatabay Central Constituency. 4. Mr Ralph Joseph Mhone, who contested the same constituency seat, filed a petition before the High Court of Malawi seeking to nullify the election of the First Applicant. On 16 September 2019, the High Court dismissed the petition on the ground that the petitioner had not adduced sufficient evidence to prove his case. 5. Mr Mhone then appealed the High Court’s decision before the Supreme Court of Appeal, which, on 21 April 2021, reversed the High Court’s judgment and nullified the First Applicant’s election. It also ordered that a fresh election be conducted. B. Alleged violations 6. The Applicants allege the violation of the following rights: i. The right to equal protection of the law, protected under Article 3(2) of the Charter by placing undue emphasis on procedural compliance when determining the election petition; ii. The right to be heard protected under Article 7(1) of the Charter by unjustifiably denying the First Applicant’s reasonable request for extension of time to file additional documents; iii. The right to appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force protected under Article 7(1)(a) of the Charter, insofar as the Supreme Court misdirected itself in the reconsideration of evidence at Msinjiyiwi Polling station; and 3