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Malawi Supreme Court of Appeal - 2026

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1 judgment
April 2026
James Makhumula v Malawi Electoral Commission and Another (Being Election Petition No. 69 of 2025 before the High Court, Civil Division; MSCA CIVIL APPEAL No.6 of 2026) [2026] MWSC 1 (28 April 2026)
Production of official electoral documents raises a prima facie case, shifting evidential burden to the electoral commission; failure to explain irregularities voids the election.
  • Electoral law
    • — Evidence — Burden of proof as to authenticity of statutory electoral documents — Production of Form 18B raises prima facie case and shifts evidential burden to electoral commission
    • — Conduct of elections — Recording and authentication requirements — Irregularities affecting figures/words and signatures vitiate election — Elections Act s101(3)(b)
28 April 2026