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High Court of Malawi - 2025 September

2 judgments
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2 judgments
September 2025
Ndhlovu v Malawi Electoral Commission (Electoral Case 1 of 2025) [2025] MWHC 22 (10 September 2025)
Application dismissed for being commenced in the wrong procedural form; election challenges require petition or Form 86A originations.
  • Election procedure — Mode of commencement — Petition under PPLGEA or judicial review by originating motion (Form 86A); CPR cannot add modes; procedural irregularity fatal.
10 September 2025
Sandram v Malawi Electoral Commission (Electoral Case 5 of 2025) [2025] MWHC 23 (9 September 2025)
Failure of the Returning Officer to notify a nomination defect rendered the exclusion unlawful despite incorrect fee paid at presentation.
  • Election law — nomination fees — age qualification for youth candidates determined at time of presentation — Returning Officer’s duty to notify defects before close of nominations (s.39(2)–(3)) — failure to notify defeats internal remedies (s.99) — judicial review permissible where no communicated decision.
9 September 2025