Legislative Framework

Malawi

LF001

Question:	What is the status of the electoral law governing national elections?
Answer(s):	a. Part of Constitution b. Separate legislation
Comments:
Source:	Constitution: Constitution of the Republic of Malawi, Electoral Law: Presidential, Parliamentary and Local Government Elections Act, Electoral Law: Electoral Commission Act and Electoral Law: Political Parties ACT. Malawi Electoral Laws. http://aceproject.org/ero-en/regions/africa/MW/malawi-electoral-laws-2019/view 2023 Revised Constitution: https://aceproject.org/ero-en/regions/africa/MW/malawi-revised-constitution-2023/view Presidential, Parliamentary & Local Government Elections Act (No. 10 of 2023): https://aceproject.org/ero-en/regions/africa/MW/presidential-parliamentary-and-local-government/view Malawi Electoral Commission Act 11 of 2023: https://aceproject.org/ero-en/regions/africa/MW/malawi-amended-malawi-electoral-commission-act/view
Verified:	2025/07/01

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LF003

Question:	The national electoral law covers:
Answer(s):	a. National elections b. Regional elections c. Local elections
Comments:
Source:	Constitution: Constitution of the Republic of Malawi, Electoral Law: Presidential, Parliamentary and Local Government Elections Act, Electoral Law: Electoral Commission Act and Electoral Law: Political Parties ACT. Malawi Electoral Laws. http://aceproject.org/ero-en/regions/africa/MW/malawi-electoral-laws-2019/view 2023 Revised Constitution: https://aceproject.org/ero-en/regions/africa/MW/malawi-revised-constitution-2023/view Presidential, Parliamentary & Local Government Elections Act (No. 10 of 2023): https://aceproject.org/ero-en/regions/africa/MW/presidential-parliamentary-and-local-government/view Malawi Electoral Commission Act 11 of 2023: https://aceproject.org/ero-en/regions/africa/MW/malawi-amended-malawi-electoral-commission-act/view
Verified:	2025/07/01

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LF004

Question:	Is voting on the national level voluntary or compulsory?
Answer(s):	a. Voting is voluntary
Comments:
Source:	Malawi Electoral Laws. http://aceproject.org/ero-en/regions/africa/MW/malawi-electoral-laws-2019/view 2023 Revised Constitution: https://aceproject.org/ero-en/regions/africa/MW/malawi-revised-constitution-2023/view Presidential, Parliamentary & Local Government Elections Act (No. 10 of 2023): https://aceproject.org/ero-en/regions/africa/MW/presidential-parliamentary-and-local-government/view Malawi Electoral Commission Act 11 of 2023: https://aceproject.org/ero-en/regions/africa/MW/malawi-amended-malawi-electoral-commission-act/view
Verified:	2025/07/01

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LF007

Question:	What are the agency(ies) responsible for the first level of formal electoral disputes?
Answer(s):	a. Judiciary
Comments:	Election petitions and complaints are handled by the Malawi Electoral Commission (MEC). Appeals against the MEC rulings are made to the High Court. Election petitions of the Presidential result must be received by the High Court within 48 hours of closing of polls.
Source:	Constitution: Constitution of the Republic of Malawi, art. 76(2)(c), (3) & (5)(a) Electoral Law: Presidential, Parliamentary & Local Government Elections Act (No. 10 of 2023). Section 99, 100 and 103.
Verified:	2025/07/01

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