Number of levels of adjudication
Malawi
PoliticalParties (REGISTRATION AND REGULATION) ACT NO 15 OF 1993. 8.
Where the Registrar refusesto register a political party, an officebearer of the party may, within twenty-one days after receiving thenotice of refusal, appeal to the High Court and the High Court may make suchorder as it thinks fit.
EU 2009 EOM Report pg. 13
If the registration of a political party is refusedor cancelled the decision can be challenged in the High Court.
Channels for election related complaints aregenerally clear and offer voters and candidates the right of appeal to anydecision of the Electoral Commission to the High Court.
In order to improve thelegal timelines and the lack of deadlines to deal with election related cases,the Chief Justice issued a practice direction abridging the time periods forthese cases to be dealt with. The document stipulated the steps and timeframefor proceedings to be respected by the High Court, Supreme Court of Appeal and the parties involved to avoid unnecessarydelays.
http://eeas.europa.eu/eueom/pdf/missions/eu_eom_malawi_2009_final_report.pdf
EU 2009 EOM Report pg. 13
If the registration of a political party is refusedor cancelled the decision can be challenged in the High Court.
Pg22: In 2009 the High Court ruled that the ElectoralCommission did not have the right to disqualify a candidate from standing becauseof his conviction was not under the category of disqualified offences.
Nevertheless, the ElectoralCommission appealed to the Supreme Court of Appeal against the decision of theHigh Court in Mzuzu, although this candidate was included on the ballot paper.
