First instance body dealing with electoral disputes

Constitution 1994, Article 76(2)(b), (3),(5)(a).

The duties and functions of the Electoral Commission shall include:

b. To determine electoralpetitions and complaints related to the conduct of any elections;

3. Any person who haspetitioned or complained to the Electoral Commission shall have a right toappeal to the High Court against determinations made under subsections (2) (c)and (2) (d).

5. Without prejudice to subsection (3) -

1. the High Court shall have jurisdiction to entertain applications for judicial review of the exercise by the Electoral Commission of its powers and functions to ensure that such powers and functions were duly exercised in accordance with this Constitution or any Act of Parliament

http://www.sdnp.org.mw/constitut/brfindx.html

Parliamentary and Presidential Elections Act 1993, 97, 113, 114;

97. At the beginning of determining the national results of ageneral election, the Commission shall take a decision on any matter which hasbeen a subject of a complaint and shall examine the votes which have beenclassified as null and void and may affirm or correct the determination thereofat the polling station and at theoffices of District Commissioners but without prejudice to the right ofappeal conferred under section 114.

PART XI—COMPLAINTS ANDAPPEALS

113.Save as otherwise provided in thisAct, any complaint submittedin writing alleging any irregularity at any stage, if not satisfactorily resolved at 'a lower level of authority, shall be examinedand decided on by the Commission and where theirregularity is confirmed the Commission shall take necessary action to correctthe irregularity and the effects thereof.

114.—(1) An appealshall lie to the High Court against a decision of the Commissionconfirming or rejecting the existence of an irregularity and suchappeal shall be made by way ofa petition, supported by affidavits of evidence, which shall clearly specifythe declaration the High Court is being requested to make by order.

http://aceproject.org/ero-en/regions/africa/MW/malawi-parliamentary-and-presidential-elections/at_download/file