High Court Judge Kenyatta Nyirenda has dismissed legislator Mary Thom Navicha’s application for an injunction stopping Parliament from debating and passing the Age Limit Bill.
Some legislators want to move Parliament to amend Section 80 (6)(b) of the Constitution which provides for age eligibility of presidential candidates, to include age limit.
Section 80(6) of the Constitution stipulates that a person is eligible for election as President or Vice-President if he or she is a citizen of Malawi by birth or descent and has attained the minimum age of 35, but there is no maximum age cap.
In her arguments, Navicha said the proposal is unconstitutional because it violated the right of Malawians to stand for elective office and protections against discrimination.
Navicha claimed that the bill—set to be introduced as a private member’s bill—was being fast-tracked to prevent certain politicians from contesting in the general elections scheduled for September 16, 2025.
She argued that the bill contradicted Sections 20 and 40(3) of the Constitution, which protect citizens from discrimination and ensure their right to contest for public office.
Justice Kenyatta Nyirenda, who presided over the case, ruled that the lawsuit should have been filed as a judicial review rather than as an ordinary civil case.
“There can be no doubt in my mind that this case ought to have been brought by way of judicial review under Order 19 of the Courts (High Court) (Civil Procedure) Rules, 2017.
“In light of the foregoing, the action by the Claimant is strike-out for improper commencement. Having dismissed the main action, the application for an order of interlocutory injunction, being parasitic in nature has also to be dismissed and it is so dismissed,” he ordered
