Some key issues to be determined by the court

Some of the key issues to be determined by the court according to Judge Potani:

1. Whether the respondents were bound to sworn statements

2. What is the standard of proof?

3. Whether in the determination in line with section 100 of the PPEA the court applies quantitative test or qualitative test.

4. What is the use of the following terms?

(I)Undue elections

(II) Undue returns

(III) Any other cause whatsoever as provided under section 100 of the PPEA.

(III) Whether in the presidential elections of 21 May 2019 the count, audit, transmission, tallying, aggregation of the results were replete with the following:

(a) Intimidation,

(b) Bribery

(c) Presiding officers and other staff of MEC tampering with tally sheets to alter the results of the vote at a particular polling centre.

(d) Unauthorised persons found with ballot papers

(e) Arrests of various persons arrested at various polling centres for breach of various elections laws.

(f) Failure to deliver the ballot papers under strictest security.

(g) And whether the elections were generally marred by a plethora of irregularities.

(h) Use of duplicate tally sheets instead of original tally sheets without plausible justification and in breach of it’s own procedures and known accounting standards.

(I) That it accepted tally sheets defaced with tippex without plausible justification.

Accepted results recorded on fake tally sheets.

The list continues…