๐— ๐—ฎ๐—น๐—ฎ๐˜„๐—ถ ๐—๐˜‚๐—ฑ๐—ถ๐—ฐ๐—ถ๐—ฎ๐—ฟ๐˜† ๐—›๐—ผ๐—น๐—ฑ๐˜€ ๐—˜๐—น๐—ฒ๐—ฐ๐˜๐—ผ๐—ฟ๐—ฎ๐—น ๐——๐—ถ๐˜€๐—ฝ๐˜‚๐˜๐—ฒ ๐—ฅ๐—ฒ๐˜€๐—ผ๐—น๐˜‚๐˜๐—ถ๐—ผ๐—ป ๐—–๐—ผ๐—ป๐—ณ๐—ฒ๐—ฟ๐—ฒ๐—ป๐—ฐ๐—ฒ, ๐—Ÿ๐—ฎ๐˜‚๐—ป๐—ฐ๐—ต๐—ฒ๐˜€ ๐—˜๐—น๐—ฒ๐—ฐ๐˜๐—ผ๐—ฟ๐—ฎ๐—น ๐—Ÿ๐—ฎ๐˜„ ๐—ฅ๐—ฒ๐—ฝ๐—ผ๐—ฟ๐˜๐˜€

The Launch of the Malawi Electoral Law Reports

As part of its continued efforts to equip Judicial Officers ahead of Malawiโ€™s general elections, the Judiciary held an Electoral Dispute Resolution (EDR) Conference from 25 to 26 August 2025.

In his keynote address, the Honourable the Chief Justice Rizine Robert Mzikamanda, SC, emphasised the Judiciary's comprehensive preparedness for the upcoming elections. He referred to the establishment of the Judiciary Committee on Elections (JCE) established in January 2024, which is being chaired by Honourable Justice of Appeal Dorothy nyaKaunda Kamanga, SC.

The coming into being and operationalisation of that Committee has tremendously enhanced our state of preparedness for electoral dispute resolution in our Courts. I can say without any fear of contradiction that the Malawi Judiciary is ready for Electoral Dispute Resolution without fear or favour, affection or ill-will, and it is not panicking at all

ย  ย  ย - Theย Chief Justice.

In her remarks, Justice Kamanga commended the UNDP, through the Malawi Electoral Support Programme (MESP), for allocating resources to facilitate the conference and supporting other activities undertaken by the JCE during the 2025 electoral cycle.ย  Justice Kamanga highlighted that under the UNDPโ€™s MESP donor basket funding, the Judiciary has achieved progress across four main deliverables: capacity building and operational support for the JCE; the development of draft legislation and Court Procedure Rules for managing Election Disputes; capacity building of Judicial Officers and members of staff to undertake their EDR mandates; and provision of support to the Law Reporting Unit to develop Electoral Law Reports.

She also commended the sacrifice and commitment of judges, both local and international, who took part in the conference despite it coinciding with their official recess. The conference, which focused on election dispute resolution arising from the use of election technology, brought together distinguished justices from Ghana, Kenya, Nigeria, and legal experts alongside Malawian counterparts as facilitators.

Dr. Rowland Cole, representing UNDP's Resident Representative, commended the Judiciary's preparedness efforts. He shared that one consistent lesson gained from UNDPโ€™s support towards credible and peaceful elections in more than 70 countries around the world is that โ€œthe preparedness of the judiciary to resolve election-related disputes is absolutely critical to electoral credibility and post-election stability."

He further hinted at the legal, procedural, and evidentiary challenges that technology raises despite the enormous potential that it brings.

Judges are now called upon to navigate disputes that involve not just law and politics, but also data, devices, and digital evidence. This conference provides a timely opportunity to reflect on how courts can be equipped to address these disputes fairly, consistently, and with technical confidence

ย  ย  ย - Dr. Rowland Cole, UNDP

Dr. Cole alsoย affirmed UNDPโ€™s commitment to supporting the Judiciaryโ€™s goal of ensuring that Malawian judges are well-prepared for the 2025 elections and beyond.

ย A major highlight of the conference was the official launch of the Malawi Electoral Law Reports, a specialised collection covering nearly three decades of election-related judgements from 1994 to 2021.

Chief Justice Mzikamanda, serving as Editor-in-Chief, led the editorial team that included Justice of Appeal Sylvester Kalembera, SC and several other distinguished judicial officers.

The importance of Law Reporting cannot be overstated. Law Reporting provides easy accessibility of case law to all

ย  ย  ย - The Chief Justice

The Chief Justice further explainedย that these reports will significantly expedite the disposal of election disputes by making relevant case law easily accessible for legal research.

The Law Reports were symbolically presented to Hon. Deputy Chief Justice Lovemore Chikopa, on behalf of the Supreme Court; Hon. Justice John Chirwa, on behalf ofย theย Highย Court; Thabo Chakaka Nyirenda, the Attorney General; Dr. Rowland Cole on behalf of the UNDP; McHarven Ngwata, Vice President of Malawi Law Society; Chimwemwe Chithope-Mwale, Director of the Legal Aid Bureau; and Robert Mkwezalamba, Board Member of Civil Society Elections Integrity Forum.

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