High Court Rules on Mumba vs MEC & Munthali

The High Court has declared that the Member of the National Assembly for Mzimba Hora Constituency, Henry Mumba, was not duly elected.

𝗖𝗮𝘀𝗲 𝗦𝘂𝗺𝗺𝗮𝗿𝘆: 𝗛𝗲𝗻𝗿𝘆 𝗠𝘂𝗺𝗯𝗮 𝘃𝘀 𝗠𝗘𝗖 & 𝗠𝗮𝗿𝘁𝗵𝗮 𝗠𝘂𝗻𝘁𝗵𝗮𝗹𝗶
𝗘𝗹𝗲𝗰𝘁𝗼𝗿𝗮𝗹 𝗣𝗲𝘁𝗶𝘁𝗶𝗼𝗻 𝗡𝗼 𝟲𝟮 𝗼𝗳 𝟮𝟬𝟮𝟱
(𝗕𝗲𝗳𝗼𝗿𝗲 𝗛𝗼𝗻. 𝗝𝘂𝘀𝘁𝗶𝗰𝗲 𝗧𝗵𝗼𝗺𝘀𝗼𝗻 𝗟𝗶𝗴𝗼𝘄𝗲)

Delivered on 24th November, 2025

𝗕𝗿𝗶𝗲𝗳 𝗙𝗮𝗰𝘁𝘀
The Petitioner, sponsored by the Malawi Congress Party, commenced an election petition pursuant to section 101 of the Presidential, Parliamentary and Local Government Elections Act. The petition alleged that accredited representatives of the Malawi Congress Party observed material irregularities in the conduct and tabulation of votes during the parliamentary elections held on 16th September, 2025 for Mzimba Hora Constituency, under the jurisdiction of the Mzimba District Council. The Petitioner sought, inter alia, declaratory relief nullifying the declaration of Honourable Martha Munthali as the duly elected Member of Parliament for the said constituency.

𝗟𝗲𝗴𝗮𝗹 𝗜𝘀𝘀𝘂𝗲
The principal issue for determination was whether, in light of the alleged substantial irregularities in the administration and counting of votes, the Court ought to issue an order nullifying the declaration of Honourable Martha Munthali as the duly elected Member of Parliament for Mzimba Hora Constituency.

𝗙𝗶𝗻𝗱𝗶𝗻𝗴
The Court found that the electoral process was vitiated by irregularities, including the distribution of notes to voters and the appointment of Democratic Progressive Party representatives to serve as Polling Station Officers. These anomalies materially compromised the integrity and quality of the election in the constituency.

𝗢𝗿𝗱𝗲𝗿
The Court accordingly declared that the Member of the National Assembly for Mzimba Hora Constituency was not duly elected.

Read the full ruling: https://www.judiciary.mw/node/853