| The statement that the “Petitioner was a victim of AIDS” was not made by the 1st Respondent publicly or maliciously for the purpose of promoting or procuring an election for himself contrary to section 65 of the Act. However, it is also true that a companion of the Petitioner, Judith Bitwire, and her child with the Petitioner died of AIDS. The 1st Respondent has known the Petitioner for a long time and has seen his appearance to bear obvious resemblance to other AIDS victims that the 1st Respondent had previously observed.”
In his affidavit filed with his Answer, the Respondent said:
“6. The statement that the “Petitioner was a victim of AIDS” was not made by me publicly or maliciously, for the purpose of promoting or procuring an election for myself.”
Section 65 of the Act creates the offence complained of in ground 3(2) (a) of the Petition. The section says:
“65. Any person who before or during the election publishes a false statement of the illness. . . . of a candidate at that election for the purposes of promoting or procuring the election of another candidate knowing that statement to false or not knowing or believing it on reasonable grounds to be true commits an illegal practice.”
Commission of an illegal practice by any person for the purposes and in the circumstances specified in section 65 is, therefore, a ground for nullification of the election of that candidate as President under s.58 (6) (c). The ingredients of an illegal practice under section 65, in my opinion are:
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