Disqualified UTM Nkhotakota Liwaladzi constituency candidate, Daniel Binda has dragged the Malawi Electoral Commission (MEC) to court claiming that the action was unlawful.
According to a court order for directions which we have seen, High Court judge Madalitso Khose-Chimwaza is expected to hear the case on Friday, September 5, with the judgement to be delivered on September 8 2025.
Through his lawyer Khwima Mchizi, Binda alleges the removal was unlawful and unfair and seeks consequential orders.
Confirming the development with this reporter, Mchizi said MEC disqualified Binda because he paid nomination fees under the category of a youth, when he was not.
Binda is 35 years old. The revised National Youth Policy of 2023-2028 defines youth as all persons from the age of 10 to 35 years regardless of their sex, race, education, culture, religion, economic, marital and physical status.
“The National Youth Policy defines a youth as a person who is 35 years old and below. My client is 35 years old, and he is a youth. However, MEC defines a youth as someone who is less than 35 years old.
“We argue that the National Youth Policy guides youth because the government wanted certainty to avoid confusing the citizens. Where there is confusion between two government agencies, that shouldn’t weigh against the citizen’s right to participate in politics,” he said
The order, delivered on August 29, directed Binda to file exhibits and skeleton arguments within 72 hours, with MEC responding within 72 hours.
The application was made under Section 42 of the Presidential, Parliamentary and Local Government Elections Act. No. 10 0f 2023, seeking review of the decision of MEC.
When a matter falls under Section 42(2), the court is empowered to abridge or compress standard procedural timelines. The section typically aims to bring the matter to a hearing quickly and may also set a target timetable for judgment, ensuring that decisions are delivered within a short, defined window after the hearing.
