𝗖𝗛𝗔𝗥𝗟𝗘𝗦 𝗝 𝗦𝗔𝗡𝗗𝗥𝗔𝗠 -𝗩- 𝗠𝗔𝗟𝗔𝗪𝗜 𝗘𝗟𝗘𝗖𝗧𝗢𝗥𝗔𝗟 𝗖𝗢𝗠𝗠𝗜𝗦𝗦𝗜𝗢𝗡

𝗦𝘂𝗺𝗺𝗮𝗿𝘆 𝗼𝗳 𝘁𝗵𝗲 𝗝𝘂𝗱𝗴𝗺𝗲𝗻𝘁

The Claimant was below 35 years at the time of collection of nomination form and payment of the nomination fee. He paid the nomination fee of K1,250,000 which was designated for the youth candidates (persons less than 35 years old). MEC rejected his nomination on the ground that at the time of presentation of his nomination papers, he was 35 years old and had paid less nomination fee.

He sued MEC claiming that this was unlawful. In his ruling Justice Howard Pemba has agreed with MEC that the Claimant was indeed not a youth at the time of submission of his nomination papers and was, accordingly, not eligible to pay the reduced nomination fee of K1,250,000 designated for the youth candidates.

However, Justice Pemba has faulted MEC, through its Returning Officer, for not properly examining the defect and for failure to communicate it to the Claimant in good time in accordance with Section 39(3) of Presidential, Parliamentary and Local Government Elections Act so as to give a chance to the Claimant to rectify the defect before close of nomination process.

The Court has therefore ordered MEC to include the Claimant on the list of the Parliamentary candidates for Dedza Mtakataka Constituency provided that the Claimant pays the balance of the nomination fee within 48 hours from the date of the ruling which is 9th September 2025.

Access the full Judgement here