Info
Legislative Framework
LF001
Status of Electoral Law
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
LF003
Electoral Law covers
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
LF004
Compulsory/voluntary voting
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
LF007
Electoral Disputes Agency(ies)
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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Additional, but potentially outdated material is available here.