LILONGWE-(MaraviPost)-The High Court in Lilongwe has rejected an attempt by Alfred Gangata to have an election petition against his win in the Lilongwe City Mtandire-Mtsiriza constituency thrown out, paving the way for the case to move forward.
In a ruling delivered on Wednesday, Justice Msiska dismissed Gangata’s application to strike out the petition filed by George Charles Zulu, who is seeking to have the parliamentary election results nullified and a by-election ordered.
The judge found that the current petition raises distinct legal issues from an earlier case involving the same parties. According to the ruling, the earlier matter did not fully address claims of undue election and undue return under Section 101 of the electoral law.
“The primary target was not the validity of the election,” Justice Msiska stated, explaining that the two matters could not be treated as the same. “On that basis, there is a distinction between Election Cause No. 52 of 2025 and this one. The respondents’ application is therefore dismissed with costs.”
The decision means Zulu’s petition challenging the outcome of the September 2025 parliamentary election will now proceed to a full hearing before the court.
Gangata had argued that the case should be dismissed on procedural grounds, citing the earlier litigation. The court, however, ruled that the substance of Zulu’s challenge warranted judicial consideration.
The Mtandire-Mtsiriza seat has been a point of contention since the election, with Zulu alleging irregularities that he says affected the credibility of the results.
The High Court has not yet set a date for the substantive hearing. If the petition succeeds, it could result in the nullification of Gangata’s victory and trigger a by-election in the constituency.