๐๐ฟ๐ถ๐ฎ๐ป ๐๐ต๐๐บ๐ฏ๐ฒ๐ป๐ถ ๐ฉ. ๐ ๐ฎ๐น๐ฎ๐๐ถ ๐๐น๐ฒ๐ฐ๐๐ผ๐ฟ๐ฎ๐น ๐๐ผ๐บ๐บ๐ถ๐๐๐ถ๐ผ๐ป
The High Court of Malawi has suspended local government elections for Linthembwe Ward, Dowa Ngala Constituency. The elections will be conducted during the next by-elections immediately after the 16th September 2025 elections. Read the case summary for more:
๐๐๐ฆ๐ ๐ฆ๐จ๐ ๐ ๐๐ฅ๐ฌ
๐๐ฟ๐ถ๐ฎ๐ป ๐๐ต๐๐บ๐ฏ๐ฒ๐ป๐ถ ๐ฉ. ๐ ๐ฎ๐น๐ฎ๐๐ถ ๐๐น๐ฒ๐ฐ๐๐ผ๐ฟ๐ฎ๐น ๐๐ผ๐บ๐บ๐ถ๐๐๐ถ๐ผ๐ป
Republic of Malawi
In the High Court of Malawi
Lilongwe District Registry
Electroral Matter No. 2 of 2025
Before Hon. Justice Charlotte Wezi Mesikano-Malonda
Delivered on 14th September, 2025
๐๐ฅ๐๐๐ ๐๐๐๐ง๐ฆ
Mr Khumbeni submitted nomination papers to contest as councillor for Linthembwe Ward, Dowa Ngala Constituency, in elections scheduled for 16th September 2025. He paid a nomination fee of K100,000.00 believing he qualified for the youth discount based on the Defendantโs publications. Born on 14th June 1990, he was 35 years old at the time of nomination (24th July 2025). His papers were received without objection, and no notice of rejection or deficiency was issued before the nomination period closed on 30th July 2025. On 15th August 2025, Mr Khumbeni discovered his name was omitted from the published list of candidates. He was then issued a Notice of Rejection dated 13th August 2025, citing insufficient fees due to ineligibility for the youth discount. The Defendant maintains that the youth discount
applies only to candidates under 35 years of age. Mr Khumbeni disputes the timing and adequacy of the Defendantโs communication and seeks judicial relief for the late rejection and lack of procedural fairness.
๐ง๐๐ ๐๐๐๐๐ ๐๐ฆ๐ฆ๐จ๐๐ฆ
The Court was called upon to determine the following:
a. Whether the matter has been properly commenced.
b. Whether or not the Defendantโs decision to exclude the Claimant from the official list of parliamentary candidates for Linthembwe Ward in Dowa Ngala Constituency ought to be set aside.
๐ง๐๐ ๐๐๐ก๐๐๐ก๐
โข The Claimant was not informed of any defect before the nomination period closed, denying him the opportunity to rectify the issue.
โข The Defendant failed to act in good faith and did not comply with its own published procedures or statutory obligations under the Presidential Parliamentary and Local Government Elections Act (PPLGA Act).
โข The Claimantโs direct application to the High Court was deemed proper, as the Defendantโs delay foreclosed internal remedies under Section 99 of the PPLGA Act.
โข The Court emphasized that electoral matters are human rights issues and should not be dismissed on technicalities.
โข The Defendantโs exclusion of the Claimant from the candidate list was both unlawful and procedurally unfair, constituting a violation of the Claimantโs right to fair administrative action under Section 43 of the Constitution and breaching the statutory obligations set out in Section 42 of the PPLGE Act.
๐ง๐๐ ๐ข๐ฅ๐๐๐ฅ๐ฆ
โข MEC through its Returning Officer for Linthembwe Ward in Ngala Constituency in Dowa District is ordered to inform the Claimant of the correct nomination fee and accept his nomination upon compliance.
โข Local government elections for Linthembwe Ward are suspended and will be conducted during the next by-elections immediately after the 16th September 2025 elections.
โข No costs awarded as both parties contributed to the error.
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