The High Court in Lilongwe and Blantyre yesterday made two landmark rulings on parliamentary election results in favour of a petition in Lilongwe Mtandire-Mtsiriza and dismissing another from Machinga Likwenu.
In Lilongwe, the court set aside Malawi Electoral Commission’s (MEC) decision that nullified the election for Lilongwe Mtandire-Mtsiriza Constituency where Minister of State Alfred Gangata was declared winner.
In Blantyre, the High Court dismissed a petition by Education Minister Bright Msaka and MacDonald Makanjira who were challenging election results in Machinga Likwenu where United Democratic Front (UDF) parliamentarian Tulinje Muluzi was declared winner.
In Mtandire-Mtsiriza Constituency, MEC nullified the parliamentary election after Malawi Congress Party (MCP) candidate George Zulu complained to MEC that there were irregularities. However, Gangata of the Democratic Progressive Party (DPP) challenged MEC’s decision in the High Court.
High Court Judge Simeon Mdeza yesterday ordered MEC to determine the winner based on result sheets that were submitted to MEC.
Gangata’s lawyer Zwelethini Chipembere said their stand was that there was nothing wrong with the election in the constituency, but MEC returning officers did not follow some of the procedures in handling void votes such that they misled the commission to arrive at the decision it made.
Speaking in an interview, Zulu’s lawyer Pempho Likongwe said he would discuss with his client the way forward.
Later, Zulu told The Nation that he would appeal.
“It’s a very strange judgement that must be appealed. MEC can’t be forced to declare a winner in an election where some ballots that could change the winner are missing,” he told The Nation.
Unofficial results from the constituency tally centre showed that Zulu trailed Gangata by five votes as he got 12 284 votes against Gangata’s 12 289.
In the Mchinga Likwenu case, the two claimants petitioned the court to order a fresh parliamentary election in which Tulinje Muluzi of UDF was declared winner, citing multiple alleged irregularities before, during and after polling day.
But Justice Jack Nriva, in his ruling which he delivered virtually, dismissed the petition.
According to Muluzi’s lawyer Victor Jere, the defence raised two preliminary objections. The first was that sworn statements were submitted days after the petition.
That is against Section 100 of Presidential, Parliamentary and Local Government Act which requires a petition to be supported by sworn statements.
The second was that the petitioners were supposed to launch a complaint to MEC before going to court.
Said Jere: “There was no proof or whatsoever of complaints having been launched to MEC being at the polling station or at the tally centre.”
But the petitioners’ lawyer Wellington Kazembe told The Nation that his side wrote MEC before going to court. He provided documents dated September 29, purportedly showing a response after the claimants had launched a complaint.
“We will be appealing to the Supreme Court,” said Kazembe.
Meanwhile, in Blantyre, the court is today expected to deliver its judgement on a petition by two independent candidates in Blantyre City South Lunzu Constituency challenging the victory of DPP candidate Veronica Ndalama.
In Lilongwe, the court is expected to deliver its ruling on November 25 2025 in a case by independent candidate Joseph Manguluti who is challenging the victory of MCP legislator Simplex Chithyola Banda of Kasungu South Constituency.
On Friday last week, the High Court also dismissed a petition challenging Nsanje South West parliamentary results in which Walter Nyamilandu was declared winner.
