Lilongwe, Malawi – Outgoing President Lazarus Chakwera and the Malawi Congress Party have failed in their attempt to halt the counting of presidential votes from the September 16, 2025, general elections.
The claimants approached the High Court in Lilongwe, filing an application for judicial review against the Malawi Electoral Commission (MEC), arguing that the commission had failed or refused to address their complaints regarding electoral irregularities. Their case was filed under Section 43 of the Constitution of Malawi, which covers the right to administrative justice, and Section 76(5)(a), related to the powers of the electoral body.
The High Court granted Chakwera and the MCP leave to apply for judicial review but declined to stop the MEC from declaring the results. The court’s handwritten order, signed on September 23, 2025, at 18:50, stated: “Application for leave to apply for judicial review is granted. However, the order restraining the Respondent from declaring the presidential results is not granted.”
The judicial review, filed under Order 19 of the Courts (High Court) (Civil Procedure) Rules 2017, will now examine whether the MEC acted lawfully in handling the complaints lodged by Chakwera and the MCP.
The claimants argue that the commission failed to investigate alleged irregularities in the electoral process. The MEC, however, has continued with the verification and counting of votes, following the constitutional procedures required for a transparent election.
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