DPP’s Legal Strategy Crumbles as High Court Dismisses Age Bill Application
The Democratic Progressive Party (DPP)’s attempt to use the courts to block the controversial Age Bill has flopped after the High Court of Malawi dismissed an application by Member of Parliament Mary Thom Navicha. The bill seeks to bar individuals over the age of 80 from contesting for the presidency.
Navicha had sought an injunction against the Speaker of the National Assembly to stop Parliament from debating and passing the proposed legislation, arguing that the bill was unconstitutional as it violated the right of every Malawian to stand for elective office and protections against discrimination.
However, Justice Kenyatta Nyirenda dismissed the case, stating that the application was improperly filed and should have been brought through a judicial review rather than an ordinary civil case.
“There can be no doubt in my mind that the present case ought to have been brought by way of judicial review under Order 19 of the Courts (High Court) (Civil Procedure) Rules, 2017,” ruled Nyirenda.
Navicha claimed the bill, which is set to be introduced as a private member’s bill, was being fast-tracked to block certain politicians from contesting in the 2025 general elections, widely viewed as a targeted attempt against former President Peter Mutharika, who is 84.
Despite Navicha’s arguments that the bill contradicts Sections 20 and 40(3) of the Constitution, which protect citizens from discrimination and guarantee the right to contest for public office, the court struck down the application on technical grounds.
“If a person commences an ordinary action where they should have applied for judicial review, the action will be struck out by summary process,” said Justice Nyirenda.
The ruling deals a blow to the DPP’s legal maneuvering, further clearing the path for Parliament to debate and potentially pass the contentious bill. The verdict is seen as a significant setback for the opposition party, which has been vocal against the proposed law.