Govt leaves no stone unturned in MEC relocation battle, files fresh Court bid

Government is leaving no stone unturned in its legal battle to relocate the Malawi Electoral Commission (MEC) headquarters from Lilongwe to Blantyre after Attorney General Frank Mbeta filed a fresh application seeking to remove a court order that has stalled the move.

The latest court action signals government’s determination to breathe life into President Peter Mutharika’s October 2025 Executive Order directing MEC to relocate, despite sustained legal resistance from the Malawi Congress Party (MCP) and three of its legislators.

High Court Judge Kenyatta Nyirenda heard the application in Lilongwe on Tuesday.

Speaking in separate interviews yesterday, both Mbeta and lawyer George Kadzipatike, representing MCP and the three legislators, confirmed that the matter was argued before the court, with a ruling expected on a date yet to be announced.

Mbeta said the application was heard but indicated that Chief Justice Rizine Mzikamanda has not yet certified the case as a constitutional matter.

“The certification has not yet been done. The application to vacate the stay was heard and the judge will deliver his ruling on a date to be advised,” said Mbeta.

Kadzipatike said the applicants opposed government’s fresh bid and are now awaiting the court’s determination.

If the court grants government’s application and lifts the stay of proceedings, the Attorney General will be free to proceed with an application seeking to have the MCP case dismissed altogether.

However, should Justice Nyirenda refuse to lift the stay, the matter will remain before the Chief Justice for certification as a constitutional case, after which a panel of judges will be appointed to hear it.

Meanwhile, MEC lawyer David Matumika Banda said the electoral body is not a party to the proceedings, stressing that the commission has instituted separate court proceedings to seek clarity on the constitutionality of the President’s Executive Order.

“The commission is pursuing its own legal avenues, seeking the court’s determination on the constitutionality of the President’s Executive Order. I would therefore not expect to receive any feedback or indeed any update on the case from the Chief Justice,” Banda said.

Last month, Justice Nyirenda referred the matter to the Chief Justice for certification as a constitutional case after earlier granting MCP and the three legislators an injunction stopping the implementation of the Executive Order relocating MEC.

The legislators who obtained the injunction are Emmanuel Chambulanyina Jere (Mzimba South), Abraham Mwakhwawa (Karonga Lufilya) and Daniel Mwanyongo Chitonya (Karonga Town).

 

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