had the opportunity to seek the unsealing of election residue and inspect same
for any sample ballots.
15.5. Further still, the counting process at the close of the poll is witnessed by
polling agents and election observers, if any instances of sample ballots having
found their way into ballot boxes, as the applicant alleges, existed, surely the
thousands of polling agents and scores of election observers across the country
would have picked that up during the count.
16. Ad Para 4.5.20- 4.5.23
This is denied.
16.1. This issue has already been decided by a court of competent jurisdiction
having come before the Electoral Court in EC09/18, a matter between People’s
Democratic Party v Chairperson of ZEC & Anor, wherein the applicant
challenged the design of the presidential election ballot paper on grounds
identical to those raised herein by the applicant. The Electoral Court found in
that matter that the presidential election ballot, as designed by the Electoral
Commission, was in compliance with the law.
16.2. The ballot paper design, having followed the law, cannot give rise to an
allegation of bias on the part of the Electoral Commission. In any event, whilst
the applicant alleges that the ballot paper design was meant to afford the 1st
respondent a material advantage, he does not state in what way such advantage
is alleged to have arisen or manifested. He attaches no affidavits from any voters
who aver that the design of the ballot paper caused them to vote for the 1 st
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