First instance body dealing with electoral disputes

Constitution1994, 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) -

1. 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;

Parliamentary and Presidential Elections Act 1993, 97, 100, 113,114;

97. At the beginning of determining the national results of ageneral election, the Commission shall take a decision on any matter which hasbeen a subject of a complaint and shall examine the votes which have beenclassified as null and void and may affirm or correct the determination thereof at the polling station and at theoffices of District Commissioners but without prejudice to the right ofappeal conferred under section 114.

http://www.sdnp.org.mw/constitut/brfindx.html

Parliamentary and Presidential Elections Act 1993, 100

PART IX— ELECTIONPETITION IN RESPECT OF ELECTION TO OFFICE OF PRESIDENT

100(1) A complaint alleging an unduereturn or an undue election of a person to the office of President by reason ofirregularity or any other cause whatsoever shall be presented in a way ofpetition directly to the High Court within forty-eight hours, includingSaturday, Sunday and a public holiday, of the declaration of the result of theelection in the name of the person…

113.Save as otherwise provided in thisAct, any complaint submittedin writing alleging any irregularity at any stage, if not satisfactorily resolved at 'a lower level of authority, shall be examinedand decided on by the Commission and where theirregularity is confirmed the Commission shall take necessary action to correctthe irregularity and the effects thereof.

114.—(1)An appeal shall lie to the High Court against a decision of theCommission confirming or rejecting the existence of anirregularity and such appeal shall be made by way of a petition, supported by affidavitsof evidence, which shall clearly specify the declaration the High Court isbeing requested to make by order.

http://aceproject.org/ero-en/regions/africa/MW/malawi-parliamentary-and-presidential-elections/at_download/file

MalawiElectoral Commission has established what we call Multiparty LiaisonCommittees - community-based conflict management mechanisms at national, regionaland local levels that seek address not only problems relating to parties andcandidates but also those affecting the electorate as a whole.