Application Dismissed: State (Julius Adam Kazembe) -V- CRO Mandimba Ward (MEC)

The Supreme Court of Appeal has dismissed an application by Julius Adam Kazembe who had asked the Court for leave to commence judicial review proceedings and for an interim injunction stopping elections or the counting of votes in the Mandimba Ward, Mangochi District.

The application was filed in the Supreme Court after the High Court of Malawi dismissed his previous attempts to challenge the rejection of his nomination as a candidate for local government elections in the ward. His candidacy was rejected by the Constituency Returning Officer (acting on behalf of the Malawi Electoral Commission) for paying the youth rate nomination fee despite being over 35.

A panel comprising the Hon. Deputy Chief Justice Lovemore Chikopa, SC, Hon. Justice of Appeal Frank Kapanda, SC, Hon. Justice of Appeal Healey Potani, SC, Hon. Justice of Appeal Ivy Chatha-Kamanga, SC, Hon. Justice of Appeal Charles Mkandawire, SC, Hon. Justice of Appeal Rowland Mbvundula, SC, and Hon. Dorothy nyaKaunda Kamanga, SC, dismissed the application for permission to apply for leave to commence judicial review proceedings for want of prosecution, as Mr. Kazembe was absent when the matter was called. After reviewing the documents, the Court further held that the case lacked merit as the applicant had not paid the prescribed fee for his age category, making the Returning Officer’s decision lawful.

Access the Case Summary below: