Malawi’s Supreme Court of Appeal has ruled that Daniel Binda will not be allowed to contest in the fresh parliamentary elections for Nkhotakota Liwaladzi Constituency, dealing a decisive blow to his political ambitions.
In a unanimous decision delivered few days ago, the country’s highest court allowed an appeal by the Malawi Electoral Commission (MEC) and overturned an earlier High Court ruling that had favoured Binda.
The case arose after Binda submitted his nomination papers to contest as a parliamentary candidate but paid nomination fees meant for youth candidates. MEC rejected his nomination, saying he did not qualify as a youth under the law and had therefore failed to pay the correct fee.
Binda challenged the decision in the High Court, arguing that the fee shortfall was a minor defect which MEC was legally required to point out so that he could correct it. The High Court agreed with him and ordered MEC to allow him to pay the balance and take part in the election.
MEC appealed to the Supreme Court of Appeal—and this time, the judges disagreed with Binda.
The Supreme Court ruled that paying the correct nomination fee is a basic legal requirement, not a small error that can be fixed later. Because Binda failed to pay the required fee for his age category, the court said he never qualified as a duly nominated candidate in the first place.
The judges further held that MEC had no duty to examine his nomination papers or notify him of defects, since the payment of the correct fee is a threshold condition for nomination.
As a result, the court set aside the High Court judgment and ordered MEC to proceed with the Nkhotakota Liwaladzi parliamentary elections without Binda on the ballot. The voters’ roll and list of candidates will remain as they stood on 16 September 2025.
While the elections will go ahead, Binda’s exclusion means his dream of representing the constituency in Parliament has come to an abrupt end—what some observers have described as a case of costly carelessness with lasting consequences.
The court also ordered that costs in both the High Court and the Supreme Court be awarded to Binda, despite his loss.
The judgment was delivered by a full bench of the Supreme Court of Appeal, led by Deputy Chief Justice Lovemore Chikopa.
