By Suleman Chitera

Lilongwe, Malawi – The High Court in Lilongwe has ruled in favor of United Transformation Movement (UTM) parliamentary aspirant Daniel Binda, directing the Malawi Electoral Commission (MEC) to allow him to contest in the Nkhotakota Liwalazi constituency.

Binda, who initially submitted his nomination papers with the youth candidate fee, had his nomination rejected by MEC. The court found that MEC acted improperly by not informing Binda of the discrepancy during the pre-inspection of nomination forms or after submission.

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Justice Madalitso Chimwaza stated that MEC failed in its statutory duty, emphasizing the commission’s obligation to guide candidates and ensure transparency in the nomination process.

Following the ruling, Binda is now required to pay the correct adult male nomination fee, after which his name will be included on the ballot.

Binda’s lawyer, Khwima Mchizi, explained that under Section 42(2) of the Presidential, Parliamentary and Local Government Act 2023, MEC should have paused all election activities in Nkhotakota Liwalazi until the court reached its decision.

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Mchizi said: “They were supposed to halt all proceedings in that constituency until the determination of the Court in line with Section 42(2).”

This ruling marks a significant legal precedent, reinforcing the rights of candidates and highlighting the importance of proper adherence to election laws in Malawi.