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The High Court held that Sandram was not entitled to the youth nomination fee, but the Returning Officer’s failure to notify him of the defect made the exclusion unlawful.
Jeffrey, Nankhumwa & Chazama v Mutharika, Mwale & Democratic Progressive Party (MSCA Misc. Application 65 of 2023) [2024] MWSC 1 (3 January 2024)
The application was procedurally improper as it was brought under the wrong legal provisions, with no statutory basis for a fresh application for interlocutory injunction before the Supreme Court of Appeal after refusal by the High Court. Further, the Applicants failed to exhaust internal party dispute resolution mechanisms as required by the party constitution and established legal principles. The court therefore lacked jurisdiction and the matter was premature for litigation.
Source excerpt
Bandawe v Malawi Congress Party (Civil Cause 1010 of 2018) [2019] MWHC 3 (8 January 2019)
The High Court granted an interlocutory injunction in a political party primary dispute, finding serious issues on natural justice and constitutional participation rights.
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