Malawi High Court blocks State bid to halt MEC relocation case

A High Court judge has blocked a government attempt to halt a judicial review regarding the relocation of the Malawi Electoral Commission (MEC) headquarters from Lilongwe to Blantyre.

Judge Kenyatta Nyirenda dismissed an application by the State to lift a stay on the proceedings. The State, represented by Attorney General Frank Mbeta, had sought to set aside the stay to allow for the discharge of the judicial review. This follows a June 5 ruling where Nyirenda granted an injunction to the Malawi Congress Party (MCP) and three legislators to restrain the relocation.

Nyirenda ruled that the constitutional questions raised by the MCP require a formal judicial review process rather than summary adjudication. He stated that judicial review is the appropriate avenue to ensure the matters are examined “substantively, transparently and in accordance with constitutional principles.” The matter has been referred to the Chief Justice for certification regarding the constitutional issues involved.