Malawi Electoral Commission (MEC) has asked the Malawi Supreme Court of Appeal to reverse a High Court ruling ordering the electoral body to allow UTM Party candidate Dan Binda to contest in Nkhotakota Liwaladzi Constituency.
The candidate was excluded from the approved list on the basis that he paid insufficient nomination fees as he had paid for the youth category.
MEC argued that Binda was already aged 35 when he submitted his nomination papers which was against the requirement that one needed to be below 35 years at the time of submission.
The aspirant asked the High Court to review MEC’s decision and presiding judge Madalitso Chimwaza faulted the electoral body for not notifying Binda during pre-inspection of nomination papers that he needed to pay the full nomination fees.
Thus, the judge ordered MEC to accommodate Binda to participate in the elections.
But in a notice of appeal dated September 11 2025 The Nation has seen, MEC argues that the High Court erred in stating that the electoral body had the duty to notify Binda of the defect in his nomination papers when there was no request from the candidate to have his nomination papers examined.
MEC also says the judge erred in stating that the nomination fees was a defect.
Reads the notice of appeal: “The learned judge erred in law in holding that after close of the nomination period, defects in nomination papers could be corrected and; hence, the returning officer has a duty to notify a candidate of any defect even after close of nomination period.”
MEC has since asked the Supreme Court to set aside the judgement of the High Court and order that its decision to reject the nomination papers should still stand.
Meanwhile, the parliamentary election in Nkhotakota Liwaladzi Constituency was put on hold pending the decision of the Supreme Court.
Binda’s lawyer Khwima Mchizi yesterday confirmed knowledge of the MEC appeal, but said the court is yet to set the date to hear the matter.
