Parliament’s 2019–2025 cohort concluded its session in Lilongwe on Friday but failed to address the crucial Presidential, Parliamentary and Local Government Elections (Amendment) Bill 2025.
This bill aimed to establish a more efficient process for resolving electoral disputes swiftly.
As a result, the issues faced by stakeholders in resolving electoral disputes during the 2019 and 2020 elections may persist in the 2025 elections.
The proposed amendments included changes to section 101 of the 2023 Act, which would have given the Supreme Court of Appeal exclusive original jurisdiction to handle complaints regarding the improper return or election of a person to the office of President.
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Additionally, the bill sought to amend section 42 to allow candidates to challenge decisions made by returning officers.
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Candidates could request a review by the Malawi Electoral Commission (Mec) and, if dissatisfied, appeal to the High Court.
Clause 4 of the bill proposed an amendment to section 99, which would require any unresolved complaints at lower levels of authority to be submitted to Mec for resolution before the election results are finalised.
However, as Parliament’s session concluded, the bill was not tabled.
In an interview Sunday, Leader of the House Richard Chimwendo Banda acknowledged the importance of the bill, but insisted it required thorough consultation before being presented and passed.
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Chimwendo Banda added that stakeholders, including political parties and civil society organisations, should contribute their perspectives on the bill before it is introduced again.
“I am confident that the bill will be reintroduced in the next parliamentary cohort after the September 16 elections,” he said.
Ministry of Justice spokesperson Frank Namangale said the ministry is committed to ensuring the timely and fair resolution of presidential electoral disputes.
While the bill to streamline such disputes directly to the Supreme Court was not passed, Namangale assured that the current legal framework remains strong.
He said presidential electoral disputes would continue to be addressed through the High Court as per the existing laws.
“The Ministry remains dedicated to upholding justice and ensuring that all electoral disputes are resolved fairly and in accordance with the law. This approach is professional, transparent and maintains the integrity of the current system,” Namangale said.
He added that there are various reasons why a bill may not be presented for debate.
During the last parliamentary meeting, over 10 bills were passed, including amendments to the Companies Registration and Intellectual Property Centre, the Copyright Act, the Marriage, Divorce and Family Relations Act, the Penal Code, the Sugar Industry Act and the Mental Health Act.
Speaker of Parliament Catherine Gotani Hara confirmed that the National Assembly is expected to dissolve on July 23, 2025, ahead of the general elections.
Last month, at an event organised by Save the Children International Malawi and the Centre for Civil Society Strengthening under the Phungu Wanga (My MP) Project, there was a heated debate regarding the bill.
Some Members of Parliament (MPs) questioned whether it would be passed in time, expressing concern that there might not be sufficient time for the work and accompanying constitutional amendments.
One of the proposed amendments is to Section 105 of the Constitution, which seeks to increase the number of presiding Justices of Appeal in any matter, excluding interlocutory matters, from three to seven.
“We have only 186 days left until the elections, yet we have not even passed this bill in Parliament. We will rise on April 11, 2025.
“Within these 186 days, we must pass these bills and the President must assent to them. Authorities will also need to ensure they are gazetted and implemented. I feel these bills are coming at the wrong time,” MP for Zomba Malosa, Grace Kwelepeta, said.
At the event, chairperson of the Legal Affairs Committee of Parliament, Albert Mbawala, expressed satisfaction with the proposed election reforms.
“They are good for our nation, our people and for peace. We cannot keep people in suspense for too long,” Mbawala said.
