By Chisomo Phiri
The High Court of Malawi on Thursday thrown out a case challenging a proposed bill that would bar individuals over 80 years from running for the presidency.
The court ruled that the lawsuit was improperly filed, as it should have been brought through judicial review rather than as an ordinary civil case.
Member of Parliament(MP ) for Thyolo Thava Constituency Mary Thom Navicha had brought the case against the Speaker of the National Assembly, Catherine Gotani Hara,seeking an injunction to stop Parliament from debating and passing the bill.
Navicha argued that the proposed legislation was unconstitutional, violating the right to stand for elective office and protections against discrimination.
She had also alleged that the bill was being fast-tracked to prevent certain politicians from contesting in the September 16, 2025, general elections.
Navicha insisted that the bill contradicted Sections 20 and 40(3) of the Constitution, which protect citizens from discrimination and ensure the right to contest for public office.
However, Justice Kenyatta Nyirenda disagreed, citing previous legal precedents that required constitutional challenges against public bodies to be filed through judicial review.
The judge emphasized that if a person commences an ordinary action where they should have applied for judicial review, the action will be struck out by summary process.
