๐๐ข๐๐ก๐ฆ๐ง๐ข๐ก๐ ๐ก๐๐๐๐ข๐ฉ๐จ -๐ฉ๐ฆ- ๐ ๐๐๐๐ช๐ ๐๐๐๐๐ง๐ข๐ฅ๐๐ ๐๐ข๐ ๐ ๐๐ฆ๐ฆ๐๐ข๐ก
Electoral Matter No. 01 of 2025 (Before Hon. Justice W.Y. Msiska)
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10th September 2025
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๐๐ฟ๐ถ๐ฒ๐ณ ๐๐ฎ๐ฐ๐๐
The claimant requested the Court to review a decision by the defendant excluding the claimant from the official list of parliamentary candidates for Lilongwe City Ngwenya Constituency; alleging that the decision was fundamentally flawed on grounds that:-
โข the defendantโs returning officer did not give the claimant notice of rejection of his nomination papers;
โข the defendant did not furnish the claimant with reasons in writing, in contravention of section 43 of the Constitution of Malawi;
โข the claimant was therefore not heard, in contravention of section 43 of the Constitution of Malawi;
โข the claimant was therefore denied political rights, access to justice, and legal remedies, in contravention of sections 40,41 and 43 of the Constitution of Malawi.
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๐ง๐ต๐ฒ ๐๐ฒ๐ด๐ฎ๐น ๐๐๐๐๐ฒ๐
Two legal issues fell to be decided, namely;
โข Whether or not the matter was properly commenced in the High Court
โข Whether or not the decision to reject or exclude the claimant from the official list of parliamentary candidates for Lilongwe City Ngwenya Constituency should be set aside.
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๐ง๐ต๐ฒ ๐๐ถ๐ป๐ฑ๐ถ๐ป๐ด
โข On 10th September 2025, the Court held that the matter was not properly commenced. The court found that this is a matter of judicial review which should have been commenced by originating motion and use of Form 86A.
โข Having found that the matter was wrongly commenced, the High Court found that it would be moot to address the remaining issue.
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๐ข๐ฟ๐ฑ๐ฒ๐ฟ
The High Court issued the following orders:
โข An order dismissing the application to review the decision of the defendant.
โข An order that the claimant pays costs to the defendant, to be assessed, if not agreed.
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