Malawi Supreme Court of Appeal has nullified results of the September 16 2025 parliamentary election in Balaka Mulunguzi Constituency, effectively dismissing the declared winner Ireen Mambala.
The judgement delivered by a nine-judge panel in Blantyre yesterday followed a petition by Democratic Progressive Party (DPP) candidate in the election, James Makhumula who appealed against an earlier decision of the High Court of Malawi that upheld independent Mambala’s victory as declared by Malawi Electoral Commission (MEC).
In a brief order seen by The Nation, the Supreme Court panel, led by Chief Justice Rizine Mzikamanda, said it was satisfied with the grounds of appeal and ordered MEC to conduct a fresh election.
The court said the applicant tendered electoral records, including Form 18B, which are statutory documents generated, controlled and issued by MEC in the conduct of elections.
Reads the order: “The appellant submitted evidence disclosing electoral irregularities, including non-compliance with mandatory statutory requirements relating to the recording and authentication of results.
“These included, among others, the failure to record results in both figures and words and the absence of signatures on prescribed electoral forms.”
According to the court, the irregularities identified go to the root of the electoral process and undermine its integrity.
“The appeal is allowed. The judgement of the High Court is set aside in its entirety. It is hereby declared, pursuant to Section 101(3)(b) of the Presidential, Parliamentary and Local Government Elections Act, 2023, that the second respondent was not duly elected as Member of Parliament for Balaka Mulunguzi Constituency,” said the panel.
Last year, High Court Judge Charlotte Wezi Mesikano Malonda dismissed Makhumula’s petition, saying there were no good and sufficient grounds for declaring the election void.
Following the September 16 General Election, MEC faced 83 petitions in the High Court of Malawi that parliamentary aspirants who lost filed in 83 of the declared 224 constituencies, it has emerged.
