Binda vs Malawi Electoral Commission (Electoral Case 4 of 2025) [2025] MWHC 17 (29 August 2025)

IN THE HIGH COURT OF MALAWI LILONGWE DISTRICT REGISTRY ELECTORAL MATTER NO. 4 of 2025 (Before Honourable Justice Madalitso Khoswe - Chimwaza) IN THE MATTER OF SECTION 42 OF THE PRESIDENTIAL, PARLIAMENTARY AND LOCAL GOVERNMENT ELECTIONS ACT (No. 10 of 2023); and IN THE MATTER OF AN APPLICATION FOR REVIEW OF THE DECISION OF THE MALAWI ELECTORAL COMMISSION EXCLUDING THE CLAIMANT FROM THE OFFICIAL LIST OF PARLIAMENTARY CANDIDATES FOR THE 16TH SEPTEMBER, 2025 GENERAL ELECTIONS; AND IN THE MATTER OF AN ELECTION APPLICATION BY DANIEL BINDA (Order 19 Part II, Rule 13 of the Court (High Court) (Civil Procedure) Rules.) BETWEEN: DANIEL BINDA……………………………………………………………...CLAIMANT MALAWI ELECTORAL COMMISSION…………………………………DEFENDANT CORAM : JUSTICE MADALITSO KHOSWE-CHIMWAZA K. Mchizi -Counsel for the Claimant Sikelo -Court Clerk ORDER FOR DIRECTIONS CHIMWAZA, J. WHEREAS the Claimant has moved the Court pursuant to Order 19 Part II , Rule 13 of the Courts (High Court) (Civil Procedure) Rules (2017) as read with Section 42 of the Presidential, Parliamentary and Local Government Elections Act. No. 10 0f 2023, seeking review of the decision of the Malawi Electoral Commission excluding the claimant from the official list of Parliament ary Candidates for Nkhotakota Liwaladzi Constituency in the upcoming 16th September, 20205 General Elections, for being unlawful and unfair and an application for consequential orders. CONSIDERING THE URGENCY OF THE MATTER, and the attendant implications of Section 42(2) of the Presidential, Parliamentary and Local Government Elections Act; AND in keeping with Order1 Rule 5 (d) of the Court (High Court)(Civil Procedure) Rules; This Court, p ursuant to Order 3 Rule 5 of the Courts (High Court) (Civil Procedure) Rules (2017) directs that the time for service of Court processes, response and hearing of the application be abridged as follows: 1. The claimant should serve the application with all necessary exhibits and skeleton arguments within 72hours. ( By Monday 1 st September, 2025 before close of official working hours.) 2. The defendant to file and serve response if any and skeleton arguments within 72 hours after being served the application. (By 4th September, 2025 before close of official working hours.) 3. Hearing will be on 5th September, 2025 at 10:00am. Response, skeleton arguments or reply to be filed via email of the Assistant Registrars. 4. Both parties should address the Court on the operation of Section 42(2) of the Presidential, Parliamentary and Local Government Elections Act, for or against. 5. Judgment will be delivered on 8th September, 2025. 6. Kindly be guided accordingly. Dated this 29th day of August, 2025 in Chambers. Madalitso Khoswe-Chimwaza (Mrs) JUDGE TO: The Applicants, C/O Messrs Clarkes Attorneys, of Area 47/2/187, P.O. Box X273, Lilongwe. Legal Team, Malawi Electoral Commission, Chisankho House.