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High Court of Malawi - 2009 May

3 judgments
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3 judgments
May 2009
State v Ex Parte Muluzi & Anor. (2 of 2009) [2009] MWHC 13 (15 May 2009)
Electoral Commission lawfully excluded applicant under constitutional two‑term limit; no breach of procedural or political rights.
  • Constitutional Law — Elections — Presidential term limits — Interpretation of s 83(3): ‘maximum of two consecutive terms’ and non‑term service not counted as a term
  • Administrative Law — Procedural fairness — Right to be heard — No implied prior hearing where statute (PPEA) provides post‑decision remedies and no legitimate expectation established
15 May 2009
State v Ex Parte Muluzi & Anor. (2 of 2009) [2009] MWHC 12 (7 May 2009)
Whether rejected presidential nominees have internal remedies under the PPEA and when judicial review is appropriate.
  • Constitutional law — Electoral law — Remedy for rejected presidential nominee — Applicability of Division 2 provisions (ss 37–39, 49(3)) to presidential nominations (PPEA)
  • Civil procedure — Judicial review — Whether leave should be discharged where alternative remedies exist or were effectively removed by electoral calendar changes
  • Electoral law — Withdrawal and mootness — Whether supporting another candidate renders eligibility challenge moot; Section 52 limited to validly nominated candidates
7 May 2009
Mphande v Chikafa (Matrimonial Cause 12 of 2005) [2009] MWHC 233 (6 May 2009)
Court dismissed the divorce petition for want of prosecution due to inordinate delay and lack of proof of service; interlocutory applications dismissed too.
  • Family law — Divorce — Delay and want of prosecution — Validity and service of originating petition — Interlocutory applications dependent on main action — Transfer to Magistrates’ Court; jurisdictional limits (s.39(2)(e) Courts Act) — Dismissal includes ancillary applications — Costs: each party to bear own costs.
6 May 2009