Two nurses have obtained an injunction stopping the National Organisation of Nurses and Midwives of Malawi (NONM) from holding its forthcoming leadership elections following a dispute over the disqualification of their nominations.
The Industrial Relations Court has restrained the organisation from proceeding with the elections at its Biennial General Assembly scheduled for around November 27, 2026, pending determination of the matter or further orders of the court.
Frank Kamwendo and Benson Phiri obtained the order after challenging their disqualification from contesting for leadership positions, arguing that the decision violated the organisation’s constitution.
In their statement of claim, the two nurses say they submitted nominations to contest for the positions of national treasurer and president but were rejected by the organisation’s Electoral Commission.
The commission reportedly disqualified them on grounds that they did not meet membership requirements and lacked Continuing Professional Development (CPD) credits from the Nurses and Midwives Council of Malawi.
However, the applicants argue that the organisation’s 2022 constitution does not require candidates to possess CPD credits to contest in the elections. They also maintain that they are registered nurses and paid-up members who have belonged to the organisation for more than three years.
The nurses further question the legitimacy of the Electoral Commission, alleging that its chairperson, Ganizani Thyangathyanga, was appointed by former commission chairperson George Nkhoma instead of being elected at a Biennial General Assembly or appointed by the National Executive Council as required by the constitution.
They also allege that Nkhoma, who has submitted his nomination to contest for the presidency, initiated their disqualification despite having resigned from his position as Electoral Commission chairperson.
The applicants want the court to declare their disqualification unlawful, recognise their eligibility to contest and order the reconstitution of the Electoral Commission in accordance with the organisation’s constitution.
The court order means the organisation cannot proceed with the scheduled elections until the dispute is determined or the court issues further directions.
The Industrial Relations Court has restrained the organisation from proceeding with the elections at its Biennial General Assembly scheduled for around November 27, 2026, pending determination of the matter or further orders of the court.
Frank Kamwendo and Benson Phiri obtained the order after challenging their disqualification from contesting for leadership positions, arguing that the decision violated the organisation’s constitution.
In their statement of claim, the two nurses say they submitted nominations to contest for the positions of national treasurer and president but were rejected by the organisation’s Electoral Commission.
The commission reportedly disqualified them on grounds that they did not meet membership requirements and lacked Continuing Professional Development (CPD) credits from the Nurses and Midwives Council of Malawi.
However, the applicants argue that the organisation’s 2022 constitution does not require candidates to possess CPD credits to contest in the elections. They also maintain that they are registered nurses and paid-up members who have belonged to the organisation for more than three years.
The nurses further question the legitimacy of the Electoral Commission, alleging that its chairperson, Ganizani Thyangathyanga, was appointed by former commission chairperson George Nkhoma instead of being elected at a Biennial General Assembly or appointed by the National Executive Council as required by the constitution.
They also allege that Nkhoma, who has submitted his nomination to contest for the presidency, initiated their disqualification despite having resigned from his position as Electoral Commission chairperson.
The applicants want the court to declare their disqualification unlawful, recognise their eligibility to contest and order the reconstitution of the Electoral Commission in accordance with the organisation’s constitution.
The court order means the organisation cannot proceed with the scheduled elections until the dispute is determined or the court issues further directions.
