Malawi Electoral Commission (MEC) is facing legal action for rejecting the candidacy of parliamentary aspirants in Lilongwe and Nkhotakota in the September 16 General Election.
Independent candidate Johnstone Ndlovu, who sought to contest in Lilongwe Ngwenya Constituency, has taken MEC to the High Court after his name was omitted from the gazetted list of candidates purportedly without explanation.
Through legal firm Chimowa & Associates, he argues that MEC failed to issue him a rejection certificate or communicate reasons for his exclusion. His lawyers warned that ballot papers could be printed without his name, effectively denying his right to participate.
In Nkhotakota Liwaladzi Constituency, UTM Party aspirant Daniel Binda has also challenged MEC’s decision to reject his nomination on the basis that he paid a reduced fee reserved for youth candidates.
The aspirant, who turned 35 in January, insists he still qualifies under the national definition of youth and argues that MEC should have raised the issue during verification, not after submission. He has given MEC 48 hours to reverse its decision or face court action.
But in an interview yesterday, MEC spokesperson Sangwani Mwafulirwa said all rejected candidates were informed about reasons for their disqualification.
He said that under electoral rules, only those below 35 on the date of submission of nomination papers qualify for the youth category.
Said Mwafulirwa: “With the youth policy, anyone 35 and above is no longer youth, so what is his argument?”
The National Youth Policy (2023–2028) defines youth as anyone aged 10 to 35, prompting civil society groups to argue that 35-year-olds should qualify.
Youth and Society executive director Charles Kajoloweka said the commission should resolve the cases to avoid disenfranchising candidates.
But lawyer James Kaphale backed MEC’s position, saying that even a minute after turning 35, a candidate is no longer youth.
