First instance body dealing with electoral disputes

If, after theclose of the period allowed for nominations but before the polling day, thereturning officer is of the opinion that….

his election representative giving thereasons for such opinion, and, if sorequested by the candidate or his election represen­tative, the returning officer shall draw up andsign a statement of the facts and hisopinion based thereon and transmit it, togetherwith the nomination paper and any certificate or af­fidavit which has been lodged with such nominationpaper, to the Registrar of the High Court for hearing and decision by theHigh Court at the earliest opportunity; and a copy of the statement shall, at the same time, be delivered tothe candidate or his election representative and to the Commission.

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

PoliticalParties (REGISTRATION AND REGULATION) ACT NO 15 OF 1993. 8.

Where the Registrar refusesto register a political receiving the notice of refusal,appeal to the High Court and the High Court may make such order as it thinksfit.

https://www.dropbox.com/s/gu24ii0sqqxxf4z/Political%20Parties%20%28Registration%20and%20Regulation%29%20Act%2C%201993..pdf

EU 2009 EOM Report pg. 13

If the registration of a political party is refusedor cancelled the decision can be challenged in the High Court.

http://aceproject.org/ero-en/regions/africa/MW/malawi-final-report-presidential-and-parliamentary-3/at_download/file

EU 2009EOM Report pg 13: If the registration of apolitical party is refused or cancelled the decision can be challenged in theHigh Court.            http://aceproject.org/ero-en/regions/africa/MW/malawi-final-report-presidential-and-parliamentary-3/at_download/file

By law, independent and political party candidates can contest both parliamentaryand presidential elections. Party nominations for the National

Assembly is to be done through party primary elections.