Supporters of Democratic Progressive Party (DPP) parliamentary candidate Edward Makaiko Mvoliwa gathered early Thursday outside the High Court in Lilongwe, buoyed by hope that a legal challenge would overturn the outcome of the Lilongwe City Ngwenya Constituency election.
By midday, that optimism had evaporated. They dispersed quietly, boarding two seven-ton lorries that ferried them back home, a subdued procession marked by silence, civilian attire and scattered flashes of DPP regalia.
Inside the courtroom, the High Court delivered a decisive blow to the petition filed by Mvoliwa and fellow petitioner Loveness Gondwe of the UTM.
The pair had sought to nullify the September 16 parliamentary election, arguing that alleged irregularities compromised the credibility of the poll that declared Nancy Tembo the winner.
The petition centred on claims that ballot boxes at some polling centres were unsealed, that electoral officials showed bias in favour of the declared winner, and that incidents of violence occurred during the voting process, leaving one election monitor injured.
The case was positioned as a test of electoral integrity in a constituency viewed as politically sensitive.
But in a judgment that highlighted the high threshold required to overturn an election, High Court Judge Mzonde Mvula ruled that the evidence presented failed to meet the legal standard for nullification.
After considering submissions from the petitioners, the respondents and the Malawi Electoral Commission (MEC), the court concluded that the election was competently managed and that the alleged irregularities were either unproven or sufficiently addressed before the official announcement of results.
Justice Mvula further held that there was no legal basis to justify ordering a fresh poll, reinforcing the judiciary’s consistent position that elections are not lightly overturned without compelling proof of substantial malpractice that affects results.
Lawyer for the petitioners, Chimwemwe Sikwese, acknowledged the disappointment of his clients but stopped short of declaring the matter closed.
He said the legal team would first study the perfected judgment before deciding whether to pursue further legal options, noting that several avenues remain open under electoral law.
Mvoliwa himself expressed frustration with the ruling, insisting that serious irregularities had occurred.
He said he was heading into consultations with his legal team to chart the next steps, leaving open the possibility that while the court battle has ended for now, the political contest may yet shift to quieter, strategic ground.
