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Lilongwe District Registry - 2004

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1 judgment
May 2004
State and Another v Malawi Electoral Commission and 2 Others (Miscellaneous Civil Cause 11 of 2004) [2004] MWHC 112 (17 May 2004)
Electoral Commission unlawfully added MSCE requirement; Returning Officer unlawfully rejected and failed to transmit nomination papers.
  • Electoral law — Candidate qualifications — Interpretation of constitutional and statutory requirement to be able to "speak and read English" — Electoral Commission's imposition of MSCE prerequisite held unreasonable and ultra vires; Returning Officer's failure to transmit nomination papers under Section 40 (procedural duty) — Judicial review: illegality, irrationality (Wednesbury), procedural impropriety; mandamus to accept nominations.
17 May 2004