Malawi Supreme Court of Appeal yesterday nullified the September 16 2025 parliamentary election in Mangochi East Constituency and ordered a fresh poll.
A panel of nine judges led by Chief Justice Rizine Mzikamanda agreed with the two applicants, Jackson Allie Daud Mataka and Abubakar M’baya that the election which saw Malawi Electoral Commission (MEC) declare Democratic Progressive Party candidate Francesca Theula Masamba as the winner was fraught with irregularities.
The case followed a February 6 2026 High Court of Malawi judgement that upheld Masamba’s victory.
Pronouncing the bench’s unanimous decision after a 45-minute adjournment, Justice of Appeal (JAs) Dorothy NyaKaunda Kamanga said the appeal succeeded because of the irregularities.
Mzikamanda. | Nation
Apart from Mzikamanda and NyaKaunda Kamanga, the panel also comprised JAs Healey Potani, Dingiswayo Madise, Frank Kapanda, Ivy Kamanga, Sylvester Kalembera, Rowland Mbundula and Mankhambira Charles Mkandawire.
Through their lawyers Patrick Mpaka and Cassius Chidothe, the petitioners presented their oral arguments starting from 10am and battled with legal representatives for the electoral body and Masamba before the court pronounced its decision at around 3.15 pm.
Mpaka argued that the election should be nullified based on 11 legal grounds of appeal, including that two polling stations were combined into one, there were unsigned tally sheets affecting 1 835 votes and that MEC failed to resolve some complaints.
On his part, Chidothe said results from the two combined polling stations could not be electronically uploaded at the constituency tally centre, a claim MEC admitted before the court, saying the system was designed not to enter more than 600 votes.
“The irregularities watered down the credibility of the election,” he said.
On the other hand, the respondents argued that although there were some irregularities, they did not affect the final election results, as upheld by the High Court in February.
MEC lawyer Lawrence Kapinda also conceded that the results of two polling stations had been combined, but said this was done because a designated presiding officer at one station did not report for duty.
The defence also argued that combining the polling stations did not take away votes from any candidate.
On April 28 this year, the Supreme Court also nullified the Balaka Mulunguzi Constituency parliamentary election in which Ireen Mambala was declared the winner.
Following the September 16 General Election, MEC faced 83 petitions in the High Court of Malawi.
