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Dr. Jessie Kabwira v Malawi Electoral Commission & Anor (Electoral Case 40 of 2019) [2019] MWHC 69 (13 June 2019)
A parliamentary election petition grounded on sections 100 and 114(1) was misconceived; s100 applies only to presidential petitions and s114(1) requires a Commission decision on irregularity.
  • Electoral law — Parliamentary elections — Proper statutory basis for election petitions — Section 100 applies only to Presidential petitions; Section 114(1) permits appeals only against Commission decisions confirming or rejecting irregularities; failures under section 113 may require judicial review, not appeal under s114.
Judgment 13 June 2019