Court Dismisses Application to Halt Swearing-in of Chikwawa North MP, Application to add Chief Justice as Party Denied

The High Court of Malawi has dismissed an application by Ms. Lynda Khembo seeking to restrain Mr. Geoffrey Onsewa from taking the oath of office and assuming the seat of Member of Parliament for Chikwawa North Constituency.

The application, brought under Order 10 rule 27 of the Courts (High Court) (Civil Procedure) Rules, was made within an ongoing election petition in which Ms. Khembo is challenging the validity of the parliamentary election results declared by the Malawi Electoral Commission (MEC).

Delivering his ruling, Honourable Justice Texious S. Masoamphambe held that the Court has no legal basis to grant an interlocutory injunction restraining a duly declared winner from being sworn in before the final determination of an election petition under section 101 of the Parliamentary, Presidential and Local Government Elections Act (PPLGEA).

The Court found that the statutory framework under section 101 of the PPLGEA provides a complete remedy for election disputes through either confirmation or nullification of the declared results, followed by fresh elections where necessary. It further emphasized that the law presumes continuity of representation pending judicial determination and that no vacancy arises merely because a petition has been filed.

Justice Masoamphambe noted that granting an injunction in such circumstances would, in effect, deprive the constituency of representation and interfere with the constitutional functioning of Parliament. He stated that,

The proper status quo preserved by law is not the position before the oath, but the position after declaration by the Commission, unless and until the Court nullifies the election.

Accordingly, the Court dismissed the application for injunction with costs, reaffirming that disputes arising from electoral processes must be resolved in accordance with the statutory procedures provided by law.

Access the full Ruling: https://www.judiciary.mw/node/829

Access the Case Summary: https://www.judiciary.mw/node/830

Earlier in the same matter, on 16 October 2025, the Court ruled on an application to add the Honourable Chief Justice as a party to the petition. The petitioner argued that the Honourable the Chief Justice should be joined because it is his office which administers the oath of office to members of Parliament.

The Court ruled that the Honourable the Chief Justice could not be joined as a party to the petition, as he has no role in the conduct or validation of elections and no legal interest in their outcome. It however granted the application to add Mr. Geoffrey Onsewa as a party to the proceedings, in accordance with section 101 of the Act.

(Access the full Ruling: https://www.judiciary.mw/node/828)