LILONGWE-(MaraviPost)-The High Court of Malawi on Thursday, February 27, 2025 dismissed a case challenging a proposed bill that seeks to bar individuals over the age of 80 from running for president, ruling that the lawsuit was improperly filed.
Opposition Democratic Progressive Party (DPP) Member of Parliament for Thyolo Thava Mary Thom Navicha, who brought the case against the Speaker of the National Assembly, sought an injunction to stop Parliament from debating and passing the bill.
Navicha argued that the proposed legislation was unconstitutional, as it violated the right of every Malawian to stand for elective office, as well as protections against discrimination.
Justice Kenyatta Nyirenda, who presided over the case, ruled that the lawsuit should have been filed as a judicial review rather than an ordinary civil case.
“There can be no doubt in my mind that the present case ought to have been brought by way of judicial review under Order 19 of the Courts (High Court) (Civil Procedure) Rules, 2017,” he stated.
Navicha, in her arguments, alleged that the bill—set to be introduced as a private member’s bill—was being fast-tracked to prevent certain politicians from contesting in the September 16, 2025, general elections.
She insisted that the bill contradicted Sections 20 and 40(3) of the Constitution, which protect citizens from discrimination and ensure the right to contest for public office.
However, Justice Nyirenda ruled that the case had been improperly commenced, citing previous legal precedents that required constitutional challenges against public bodies to be filed through judicial review.
“If a person commences an ordinary action where they should have applied for judicial review, the action will be struck out by summary process,” the judge emphasized.