Requirement to hold a hearing
Malawi
Constitution 1994, Article 76(2) (b), (3),(5)(a)
.
The duties and functions of the Electoral Commission shall include:
b. To determine electoralpetitions and complaints related to the conduct of any elections;
3. Any person who haspetitioned or complained to the Electoral Commission shall have a right toappeal to the High Court against determinations made under subsections (2) (c)and (2) (d).
5. Without prejudice to subsection (3) -
- The High Court shall have jurisdiction to entertain applications for judicial review of the exercise by the Electoral Commission of its powers and functions to ensure that such powers and functions were duly exercised in accordance with this Constitution or any Act of Parliament.