Requirement to issue reasoned decision

Malawi

Malawi

Answer
No
Source

Parliamentary and Presidential Elections Act 1993, 40.

If, after theclose of the period allowed for nominations but before the polling day, thereturning officer is of the opinion that…. the returning officer shall forthwith notify suchcandidate or 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 party, an officebearer of the party may, within twenty-one days after 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 21: In 2009 the Chief Justice issued a practice directionabridging the time periods for these cases to be dealt with. The documentstipulated the steps and timeframe for proceedings to be respected by the HighCourt, Supreme Court of Appeal andthe parties involved to avoid unnecessary delays.

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

Close tooltip