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Malawi decisions
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The High Court dismissed an election petition over the Masanjala parliamentary election, finding it wrongly brought under section 100, procedurally defective, and unsupported by proof.
The High Court dismissed the 2nd Respondent’s stay application as incompetent, holding it was brought under the wrong rules and without good cause to excuse the defects.
The High Court dismissed an election petition challenging the Lilongwe City Kamphuno parliamentary result, holding that the petitioner’s evidence was procedurally defective and inadmissible.
The High Court of Malawi held that proved vote buying and improper polling-station conduct largely compromised the Mzimba Hora parliamentary election and declared the returned member not duly elected.
Mia v Malola & Malawi Electoral Commision (Election Petition 58 of 2025) [2025] MWHC 24 (11 November 2025)
Only one irregularity was proved (unsigned original result sheet for Nabisi F. P. School), but it did not affect the overall election result. All other alleged irregularities were not substantiated or did not constitute non-compliance with statutory requirements. The petition was properly brought only as an appeal from the Electoral Commission’s decision, and criminal allegations (handouts, campaigning outside period) were not within the court’s jurisdiction in this civil proceeding. The proven irregularity was not material enough to warrant nullification of the election.
Source excerpt
The High Court of Malawi sustained a preliminary objection and dismissed an electoral petition for late-filed sworn statements and an incurable jurisdictional defect.
The High Court of Malawi dismissed John Malunga’s electoral petition, finding his allegations of irregularities, monitor removal, and misconduct unproved.
The High Court dismissed an election claimant’s interlocutory injunction application, holding it was brought under the wrong rule and without any subsisting proceedings.
The High Court granted leave for judicial review over the MEC’s handling of an electoral complaint, but refused to stop announcement of presidential results.
The High Court dismissed a without notice application for an interlocutory injunction stopping announcement of Lilongwe Mpenu parliamentary results, citing the election complaint process and procedural requirements.
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