Balaka Mulunguzi Constituency Electoral Petition Dismissed, 23 Petitions Now Pending

As disposal of electoral cases continues, we now have 23 petitions pending out of the 95 cases that were registered.

Here is a case summary of James Makhumula vs Malawi Electoral Commission and Hon. Ireen Mambala (Electoral Petition No. 69 of 2025 - Before Hon. Charlotte Wezi Mesikano-Malonda)

𝗕𝗥𝗜𝗘𝗙 𝗙𝗔𝗖𝗧𝗦

The petitioner filed a petition under Section 76 of the Constitution and Section 101 of the Presidential, Parliamentary and Local Government Elections Act No 10 of 2023 [the PPLGEA]. He stated that there were the following irregularities: Unsigned Polling Station Records of Results (Form 18B), Incomplete Polling Station Record of Results (Form 18B), Overwriting on duplicate results, Entries in ink on duplicate copies and Differences in the final tally of votes between votes polled by the winner as appear in the Constituency Summary of Results and the final announced results. Differences in the final tally of votes, the Petitioner alleges that the 2nd Respondent’s votes moved from 8433 votes to 8,445 votes. It was also alleged that some voting materials were dispatched and delivered through motorcycles without security. The 2nd Respondent contended that the alleged irregularities did not exist on the Original Copies of the Polling Station Record of Results, which were used to determine the elections. The 2nd Respondent also contended that the other allegations of discrepancy in the final tally and duplicates written in ink were based on a misguided understanding of the law and the electoral process. And that, in any case, they do not warrant the nullification of the election.He sought the following declaration from the Court.

He sought the following declarations from the Court.

1. That the declaration of the winner is null and void

2. An order for fresh elections

3. Costs of the proceedings

𝗜𝗦𝗦𝗨𝗘𝗦 𝗙𝗢𝗥 𝗗𝗘𝗧𝗘𝗥𝗠𝗜𝗡𝗔𝗧𝗜𝗢𝗡

Whether or not the elections herein were marred by irregularities?

Whether or not the elections herein were conducted in accordance with the Constitution of the Republic of Malawi and the law?

Whether or not the 1st Respondent correctly declared the 2nd Respondent as a winner?

Whether or not the elections herein should be nullified and order fresh elections?

𝗙𝗜𝗡𝗗𝗜𝗡𝗚𝗦

𝗪𝗵𝗲𝘁𝗵𝗲𝗿 𝗼𝗿 𝗻𝗼𝘁 𝘁𝗵𝗲 𝗲𝗹𝗲𝗰𝘁𝗶𝗼𝗻𝘀 𝗵𝗲𝗿𝗲𝗶𝗻 𝘄𝗲𝗿𝗲 𝗺𝗮𝗿𝗿𝗲𝗱 𝗯𝘆 𝗶𝗿𝗿𝗲𝗴𝘂𝗹𝗮𝗿𝗶𝘁𝗶𝗲𝘀?

There were no irregularities established in this election based on Form 18B since the petitioner admitted that his results sheets in his possession had anomalies and that the 1st Respndent’s results sheets were correct and he failed to give evidence about to discredit the results represented by 1st Respondent; the void votes were handled in accordance with the law and that there was no evidence to demonstrate how dispatch and delivery of votes impacted the electoral process and outcome. If there were any irregularities, they did not affect the outcome.

𝗪𝗵𝗲𝘁𝗵𝗲𝗿 𝗼𝗿 𝗻𝗼𝘁 𝘁𝗵𝗲 𝗲𝗹𝗲𝗰𝘁𝗶𝗼𝗻𝘀 𝗵𝗲𝗿𝗲𝗶𝗻 𝘄𝗲𝗿𝗲 𝗰𝗼𝗻𝗱𝘂𝗰𝘁𝗲𝗱 𝗶𝗻 𝗮𝗰𝗰𝗼𝗿𝗱𝗮𝗻𝗰𝗲 𝘄𝗶𝘁𝗵 𝘁𝗵𝗲 𝗖𝗼𝗻𝘀𝘁𝗶𝘁𝘂𝘁𝗶𝗼𝗻 𝗼𝗳 𝘁𝗵𝗲 𝗥𝗲𝗽𝘂𝗯𝗹𝗶𝗰 𝗼𝗳 𝗠𝗮𝗹𝗮𝘄𝗶 𝗮𝗻𝗱 𝘁𝗵𝗲 𝗹𝗮𝘄?

The 1st Respondent did not breach their obligations under the Constitution and electoral laws, since the Petitioner had abandoned the grounds of failure to address complaints by the 1st Respondent through amendment of its petition and that it was only speculative to say that some voters were turned away as there was no evidence to support that allegation.

𝗪𝗵𝗲𝘁𝗵𝗲𝗿 𝗼𝗿 𝗻𝗼𝘁 𝘁𝗵𝗲 𝟭𝘀𝘁 𝗥𝗲𝘀𝗽𝗼𝗻𝗱𝗲𝗻𝘁 𝗰𝗼𝗿𝗿𝗲𝗰𝘁𝗹𝘆 𝗱𝗲𝗰𝗹𝗮𝗿𝗲𝗱 𝘁𝗵𝗲 𝟮𝗻𝗱 𝗥𝗲𝘀𝗽𝗼𝗻𝗱𝗲𝗻𝘁 𝗮𝘀 𝗮 𝘄𝗶𝗻𝗻𝗲𝗿?

The 2nd Respondent was declared as a winner and there were no irregularities established.

𝗪𝗵𝗲𝘁𝗵𝗲𝗿 𝗼𝗿 𝗻𝗼𝘁 𝘁𝗵𝗲 𝗲𝗹𝗲𝗰𝘁𝗶𝗼𝗻𝘀 𝗵𝗲𝗿𝗲𝗶𝗻 𝘀𝗵𝗼𝘂𝗹𝗱 𝗯𝗲 𝗻𝘂𝗹𝗹𝗶𝗳𝗶𝗲𝗱 𝗮𝗻𝗱 𝗼𝗿𝗱𝗲𝗿 𝗳𝗿𝗲𝘀𝗵 𝗲𝗹𝗲𝗰𝘁𝗶𝗼𝗻𝘀?

There were no good and sufficient grounds for declaring the election of the 2nd respondent void.

𝗢𝗥𝗗𝗘𝗥𝗦

The Court dismissed the petition in its entirety.

Costs were awarded to 1st and 2nd Respondents.

Access the Judgement: https://www.judiciary.mw/node/864