By Dave Gadama:
Democratic Progressive Party losing candidate for Machinga Likwenu Constituency Bright Msaka and another independent contestant MacDonald Makanjira have filed an appeal with the Supreme Court of Appeal, challenging the ruling of the High Court.
The High Court upheld Tulinje Muluzi as winner of the September 16, 2025 Parliamentary Elections for Machinga Likwenu Constituency.
On November 10, High Court Judge Jack Nriva dismissed the petition by the two aspirants, ruling that both Msaka and Makanjira did not follow due procedure, as stipulated by law in the matter, hence dismissing the petition.
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At the High Court, the petition faced a preliminary objection raised by the first respondent’s lawyer Victor Jere.
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The two grounds of the preliminary objection were that sworn statements were filed late by the petitioners and that the matter was improperly commenced under the wrong section of the law.
Nriva sustained the preliminary objection and dismissed the petition, finding it defective due to the late filing of the sworn statements.
Among their grounds of appeal to the Supreme Court of Appeal filed as Election Petition Number 67 of 2025, the petitioners—through their lawyers Mackenzie and Patrick Associates—argue that the High Court erred in law by misinterpreting Section 100 (1) of the Presidential, Parliamentary and Local Government Act as requiring petitions under that section to be drafted or styled as appeals.
They claim the Act provides that such matters shall be filed by way of petition and contains no requirement that the petition must adopt the form of an appeal.
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They also argue that the learned judge erred in law by failing to appreciate that the Malawi Electoral Commission had, by announcing the election results while the petitioners’ complaints on irregularities were pending before the commission, effectively made a decision rejecting the existence of the irregularities.
The petitioners are seeking an order for the court to quash and set aside the High Court ruling of November 10, 2025, restore their election petition, Number 67 of 2025, to the list of the High Court and an order that all sworn statements which were filed by all parties be used as part of the evidence in the High Court.
The Supreme court is yet to set a date for hearing.
Muluzi won the vote with 6, 027, with Msaka coming second with 3,935 and Makanjira came seventh with 1,551 votes.
